*Pages 1--1 from  Microsoft Word - 36577*
 CONCURRING  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  AMFM  Radio  Licenses,  L.  L.  C.,  Licensee  of  Station  WWDC(  FM),  Washington,  DC;  Clear  Channel  Broadcasting  Licenses,  Inc.,  Licensee  of  Station  WRXL(  FM),  Richmond, 
 Virginia;  Capstar  TX  Limited  Partnership,  Licensee  of  Station  WOSC(  FM),  Bethany  Beach,  Delaware;  Notice  of  Apparent  Liability  for  Forfeiture 


 Consistent  with  my  past  statements,  I  believe  we  should  be  fining  broadcasters  on  a  “per  utterance”  basis.  1  I  also  believe  that,  when  determining  the  amount  of  fine,  we  should  take  into 
 consideration  the  circumstances  and  actions  of  the  particular  broadcaster.  Unlike  some  broadcasters,  Clear  Channel  recently  has  agreed  to  pay  an  unprecedented  fine,  without  contest, 
 for  past  indecency  violations.  In  addition,  it  has  announced  a  comprehensive  policy  to  reduce  the  likelihood  that  indecent  broadcasts  occur.  Indeed,  it  has  already  taken  steps  to  implement  its 
 “zero-  tolerance”  policy.  We  also  should  take  such  steps  into  consideration. 


 1  See,  e.  g.,  Separate  Statement  of  Commissioner  Martin,  Infinity  Broadcasting  Operations,  Inc.,  Licensee  of 
 Station  WKRK-  FM,  Detroit,  Michigan,  Notice  of  Apparent  Liability,  18  FCC  Rcd.  6915,  6939  (2003)  (urging  the  Commission  to  fine  violators  “per  utterance”). 
1