Motion to Establish Procedures for Modification of Final Judgment

Plaintiff United States of America and Defendants CBS Corporation, Infinity Broadcasting Corporation, and Outdoor Systems, Inc. (collectively ACBS@) move this Court to enter an order establishing procedures for the modification of the Final Judgment entered in this case, and in support of this motion, state as follows:

1.  Plaintiff United States of America and Defendants have entered into a Stipulation to modify the Final Judgment entered by this Court on June 6, 2000. The United States has provisionally agreed to the modification. However, the United States as a matter of policy does not consent to the modification of judgments without public notice and an opportunity for public comment.

2.  Therefore, the parties have agreed in the Stipulation to procedures providing all potentially interested persons with adequate notice that a proposed modification of this Final Judgment is pending, adequate notice of the reasons in support of the proposed termination, and an adequate opportunity to comment. See United States v. Swift & Co., 1975-1 Trade Cas. (CCH) & 60,201 at 65,703 (N.D. Ill. 1975) (identifying these as minimum requirements when considering judgment modification).

3.  The United States and CBS have agreed that CBS will publish notice at its expense. Therefore, the United States and CBS move the Court to order:

a.  that CBS shall publish at its own expense a notice of the proposed modification of the Final Judgment (in the form attached as the Notice of Proposed Modification of the Final Judgment entered against CBS Corporation, Infinity Broadcasting Corporation, and Outdoor Systems, Inc. on June 6, 2000, Exhibit A) in two consecutive issues of (a) The Wall Street Journal and (b) Advertising Age, and file proof of such publication with the Court;

b.  that copies of all comments received by the United States within sixty (60) days after the last publication of the notices required by this Order and the United States' responses be filed with this Court by the United States within a reasonable period of time after the conclusion of the sixty (60) day comment period, and;

c.  that this Court will not rule upon the joint motion of the United States and CBS until at least the seventieth (70th) day after the last publication of the notices required by this Order.

Respectfully submitted,

FOR PLAINTIFF
THE UNITED STATES OF AMERICA

FOR DEFENDANTS CBS
CORPORATION, INFINITY
BROADCASTING CORPORATION, and
OUTDOOR SYSTEMS, INC.

_______________/s/________________
Kathryn M. Fenton
D.C. Bar # 250944
Jones, Day, Reavis & Pogue
51 Louisiana Avenue, N.W.
Washington, D.C. 20001
Telephone: (202) 879-3746

Dated: June 19, 2002