Report No. MM-842 MASS MEDIA ACTION July 5, 1994 BAY TELEVISION, INC. ORDERED TO FORFEIT $10,000 FOR VIOLATIONS OF CHILDREN'S TELEVISION COMMERCIAL TIME LIMITS The FCC has affirmed an action by the Mass Media Bureau which issued a forfeiture in the amount of $10,000 to Bay Television, Inc. for repeated violations of the Commission's rule which limits the amount of commercial time that may be included in children's television programming. Bay Television, licensee of television station WTTA(TV), St. Petersburg, FL, sought review of the Bureau's action. In its petition for review, Bay Television contended that the forfeiture order was arbitrary and capricious when compared with other cases involving violations of the same rule. Bay Television further argued that the forfeiture order contravenes FCC policies encouraging licensees to hire minorities, in that it failed to afford lenient treatment based upon the fact that the station's newly hired traffic manager responsible for compliance was a member of a minority group. Denying review, the Commission found that a $10,000 forfeiture in this case was neither arbitrary nor capricious. Furthermore, the Commission said the forfeiture order was not a departure from its policies concerning the hiring of minority individuals, as it raised no issue with respect to that subject. Action by the Commission May 27, 1994, by Memorandum Opinion and Order (FCC 94-131). Chairman Hundt, Commissioners Quello and Barrett, with Commissioners Ness and Chong not participating. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Marcia Diamond at (202) 632-3922.