FCC Record, Volume 19, No. 6, Pages 4326 to 5230, March 10 - March 19, 2004 Page: 5,038
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factors enumerated in section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D), such as "the nature,
circumstances, extent and gravity of the violation, and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.42
In this case, taking all of these factors into consideration, we find that an upward adjustment of the
forfeiture amount to the statutory maximum of $27,500.00 is warranted. Infinity's recent history of
indecent or apparently indecent broadcasts justifies the upward adjustment. We reiterate our previous
statements that we may sanction a broadcaster for apparent, repeated violations of the indecency rules for
separate utterances within one program43 and that "additional serious violations by Infinity may well lead
to a license revocation proceeding.'"4
IV. ORDERING CLAUSES
16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the Communications
Act of 1934, as amended, and section 1.80 of the Commission's rules,45 that Infinity Broadcasting
Operations, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount
of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00) for willfully violating 18 U.S.C. 1464
and section 73.3999 of the Commission's rules.
17. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's rules, that
within thirty (30) days of the release of this NAL, Infinity SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed
18. Payment of the forfeiture may be made by mailing a check or similar instrument, payable
to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance
Branch, Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
payment MUST INCLUDE the FCC Registration Number ("FRN") referenced above and also should
note the NAL/Account Number referenced above.
19. The response, if any, must be mailed to William H. Davenport, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W,
Room 3-B443, Washington D.C. 20554 and MUST INCLUDE the NAL/Acct. No. referenced above.
20. The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the respondent submits: (1) federal tax returns for the most recent threeyear
period; (2) financial statements prepared according to generally accepted accounting practices
("GAAP"); or (3) some other reliable and objective documentation that accurately reflects the
respondent's current financial status. Any claim of inability to pay must specifically identify the basis for
the claim by reference to the financial documentation submitted.
21. Requests for payment of the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W., Washington, D.C.
42 Forfeiture Policy Statement, 12 FCC Rcd at 17100-01, 27.
43 Infinity Broadcasting Operations, Inc., (WKRK-FM) Notice of Apparent Liability for Monetary Forfeiture, 18
FCC Red 6915, 6918-19, 12 (2003), Apparent Liability for Forfeiture, Forfeiture Order, 18 FCC 26360 (2003),
recon. denied, Memorandum Opinion and Order, FCC 04-34 (rel. Mar. 5, 2004).
44 Id. at 6919, T 13. We note that the broadcast at issue here took place prior to the release of the WKRK-FM NAL
in which this statement appeared.
4547 C.F.R. 1.80.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 6, Pages 4326 to 5230, March 10 - March 19, 2004, book, March 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4079/m1/730/: accessed May 21, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.