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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Infinity  Broadcasting  Operations,  Inc.,  Licensee  of  Station  WKRK-  FM,  Detroit,  Michigan,  Notice  of  Apparent  Liability  for  Forfeiture 
 I  support  this  Notice’s  finding  that  the  licensee  apparently  violated  our  rule  against  the  broadcast  of  indecent  content,  but  I  would  have  proposed  a  higher  fine.  For  instance,  we  could  have  found 
 that  each  time  the  show’s  hosts  solicited  a  new  call  on  an  indecent  topic,  the  ensuing  conversation  constituted  a  separate  violation.  As  the  Notice  acknowledges,  we  have  the  discretion  to  consider 
 each  indecent  utterance  a  separate  violation.  1 


 1  See  Notice  at  ¶  12.  See  also  18  U.  S.  C.  §  1864  (“  Broadcasting  obscene  language.  Whoever  utters  any 
 obscene,  indecent,  or  profane  language  by  means  of  radio  communication  shall  be  fined  under  this  title  or  imprisoned  not  more  than  two  years,  or  both.”) 
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