Adopted: September 1, 1995 ; Released: September 5, 1995
By the Commission: Chairman Hundt, Commissioners Quello, Ness, and Chong
issuing separate statements.
1. Pending before the Commission are several enforcement proceedings relating
to broadcasts aired by Infinity Broadcasting Corporation and its licensee
subsidiaries ["Infinity"].
2. The Commission and Infinity have reached an agreement which would terminate
the Commission's proceedings. All of the terms and conditions are set forth
in the attached Settlement Agreement.
3. We have reviewed the terms of the Settlement Agreement and evaluated
the circumstances of the pending proceedings. We believe that the public
interest would be served by approving the Settlement Agreement, the terms
of which are incorporated herein by reference.
4. Accordingly, IT IS ORDERED that the Settlement Agreement attached to
this Order IS ADOPTED, and that the General Counsel SHALL SIGN such Settlement
Agreement on behalf of the Commission.
5. IT IS FURTHER ORDERED that all pending Notices of Apparent Liability
against Infinity Broadcasting Corporation and its licensee subsidiaries
ARE VACATED.
This action includes the following proceedings initiated pursuant to 18
U.S.C. Section 1464 and 47 U.S.C. Section 503.:
(a) the Notices of Apparent Liability issued on August 12, 1993, February
1, 1994, and May 20, 1994, in the aggregate amounts of $500,000, $400,000
and $200,000 to Infinity Broadcasting Corporation, Sagittarius Broadcasting
Corporation, Infinity Broadcasting Corporation of Pennsylvania and Infinity
Broadcasting Corporation of Washington, D.C., licensees of Radio Station
WXRK(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania, and
WJFK(FM), Manassas, Virginia, respectively;
(b) the Notice of Apparent Liability issued on December 18, 1992 in the
aggregate amount of $600,000 to Sagittarius Broadcasting Corporation, Infinity
Broadcasting Corporation of Pennsylvania and Infinity Broadcasting Corporation
of Washington, D.C., licensees of Radio Station WXRK(FM), New York, New
York, WYSP(FM), Philadelphia, Pennsylvania, and WJFK(FM), Manassas, Virginia.
6. IT IS FURTHER ORDERED that the pending Forfeiture Order against Infinity
Broadcasting Corporation issued pursuant to 18 U.S.C. Section 1464 and 47
U.S.C. Section 503 on October 23, 1992 in the amount of $6,000 to Sagittarius
Broadcasting Corporation, Infinity Broadcasting Corporation of Pennsylvania
and Infinity Broadcasting Corporation of Washington, D.C., licensees of
Radio Station WXRK(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania,
and WJFK(FM), Manassas, Virginia, IS VACATED.
7. IT IS FURTHER ORDERED that the Chief, Mass Media Bureau SHALL DISMISS,
as to Infinity, pursuant to the terms of the Settlement Agreement, all pending
complaints that either involve programming aired or originated by Infinity.
FEDERAL COMMUNICATIONS COMMISSION
William F. Caton
Acting Secretary