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 DISSENTING  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  WBDC  Broadcasting,  Inc.,  Licensee  of  Station  WBDC-  TV,  Washington,  D.  C.,  Memorandum  Opinion  and  Order,  October  01,  2004 
 This  Order  acknowledges  that  one  of  the  shows  in  question  contains  “sustained  and  repeated  references”  to  excretory  activities  which  are  “the  constant  theme  of  the 
 program,”  and  that  “the  cumulative  effect  of  such  repeated  references  appears  to  pander  to  a  vulgar  interest.”  The  Order  similarly  acknowledges  that  another  show  contains 
 “sustained  and  repeated  references”  to  sexual  organs,  and  that  “the  cumulative  effect  of  such  repeated  references  appears  to  pander  to  a  vulgar  interest.”  Yet,  the  Order 
 concludes  neither  show  is  indecent.  This  decision  appears  to  be  inconsistent  with  our  precedent.  In  the  past,  if  similar  references,  in  similar  contexts,  have  been  made  on  radio 
 shows,  the  Commission  has  fined  the  radio  station.  I  believe  the  Commission  should  apply  the  same  standard  to  television  and  radio  broadcasts. 
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