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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Clear  Channel  Broadcasting  Licenses,  Inc.,  Licensee  of  Station  WPLA(  FM),  Callahan,  Florida,  WCKT(  FM),  Port  Charlotte,  Florida;  Citicasters  Licenses,  L.  P.,  Licensee  of 
 Station  WXTB(  FM),  Clearwater,  Florida;  Capstar  TX  Limited  Partnership,  Licensee  of  Station  WRLX(  FM),  West  Palm  Beach,  Florida,  Notice  of  Apparent  Liability  for 
 Forfeiture 
 I  agree  with  this  Notice’s  conclusion  that  the  licensees  at  issue  apparently  violated  our  indecency  rule  and  public  file  requirements. 


 I  write  separately  to  emphasize  again  that  we  could,  and  should,  be  placing  higher  fines  on  those  who  broadcast  indecent  programming  during  the  hours  when  children  may  be  watching 
 or  listening,  in  violation  of  our  rules  and  statute.  The  governing  statute  targets  “whoever  utters”  indecent  or  profane  language,  and  the  Commission  should  not  continue  to  treat  an  entire  program 
 full  of  indecent  “utterances”  as  just  one  violation.  1  We  should  not  continue  to  give  a  broadcaster  who  violates  our  indecency  rule  at  the  beginning  of  a  program  a  “free  pass”  for  the  next  two 
 hours. 
 In  this  case,  I  would  have  found  numerous  violations,  for  a  total  indecency  fine  significantly  higher  than  that  proposed  (it  appears  there  were  at  least  49  indecency  violations,  for 
 a  total  forfeiture  exceeding  $1,000,000). 


 1  See  18  U.  S.  C.  §  1864  (“  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”),  47  C.  F.  R.  §  73.3999  (“  No  licensee  of  a  radio  or  television  broadcast  station  shall  broadcast  on  any  day  between  6  a.  m.  and 


 10  p.  m.  any  material  which  is  indecent”). 
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