WPC  2?B-J ZCourierTimes New RomanCourierTimes New Roman Bold@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP3|jTimes New RomanCourier6X@`7s@#2Vq K7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@\ @^5q.$h';U7G;A 7ier<?xxx,2x6X@`7X@"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 XFK7w7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNstation WGNT(TV), Portsmouth, VA (File No. BRCT960603LE). In response to Section III,  xQuestion 4 of that application you state that during the previous license term WGNT(TV) failed  xto comply with the limitations on commercial matter in children's programming specified in  xSection 73.670 of the Commissions Rules. In Exhibit 6 to that application you indicate that  xbetween February 1, 1992, and June 23, 1995, WGNT(TV) violated the children's television  xcommercial limits on 49 occasions. Of these commercial overages, nine were 15 seconds or less  xin duration; 28 were 30 seconds in duration; two were 45 seconds in duration; three were one  xminute in duration; four were one minute and 30 seconds in duration; one was two minutes in  xduration; one was two minutes and 30 seconds in duration; and one was two minutes and 40"),**qqn("  xseconds in duration. You assert that a majority of the violations occurred "soon after the limits  xwere imposed, between 1992 and 1994", because the station employees responsible for  xmaintaining the logs "did not realize that all commercial time should be counted in calculating  xcompliance with the commercial limits", and therefore counted local commercial announcements  x[sold by WGNT(TV), but did not count commercial matter included in the programs by program  xsuppliers. You further state that "[s]everal additional accidental overages occurred after this  xinitial problem was rectified" because of "sudden technical problems" or "last minute changes to  xthe log made by personnel, such as salespeople, who were not versed in the Commission's rules  xconcerning limits on commercial matter in children's programming." Finally, you state that in  xlJuly, 1995, a new general manager took "drastic and affirmative steps" to prevent further violations, and no additional violations have occurred since.   xWGNT(TV)'s record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 49 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Centennial Communications, Inc., is hereby advised of its apparent  xliability for forfeiture in the amount of fourteen thousand dollars ($14,000) for its apparent  x repeated violation of Section 73.670 of the Commission's Rules. The amount specified was  x=reached after consideration of the factors set forth in Section 503(b)(2) of the Communications  xAct, and, in particular, the following criteria: (1) the number of instances of commercial  xoverages; (2) the length and nature of each such overage; (3) the period of time over which such  xoverages occurred; (4) whether or not the licensee established an effective program to ensure  xcompliance; and (5) the specific reasons that the licensee gives for the overages. These criteria  x.are appropriate in analyzing violations of the commercial limits during children's programming,  X- xsince they take into account, inter alia, "the nature, circumstances, extent, and gravity of the  xviolation, and, with respect to the violator, the degree of culpability", as required under  X- x503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10  X-FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779 (1995).   xThe 49 occasions on which WGNT(TV) exceeded the children's television commercial  xlimitations is a high number of violations. Further, the violations occurred over an extended  x-period of three years and four months, with violations occurring in every quarter of the first three  x!years that the children's television commercial limits were in effect. Thus, it is clear that  xWGNT(TV) initially did not establish an effective program to monitor compliance with the  xchildren's television commercial limitations. When the Commission delayed the effective date  x0of Section 73.670 of the Rules from October 1, 1991, until January 1, 1992, we stated that  x/"giving the additional time to broadcasters and cable operators before compliance with the  xcommercial limits is required will have the effect of enabling broadcasters and cable operators  xto hone their plans to ensure compliance...[and], in the context of any enforcement action for  xviolations of the limits, we would be unlikely to be sympathetic to claims of transitional  Xh$- xdifficulties." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. You have  xxnot proffered any extraordinary transitional or other difficulties that would have prevented Station  xyWGNT(TV) from complying with the children's television commercial limitations during the last  xlicense period. Indeed, you admit that an overwhelming majority of the cited violations occurred  x\because of human error, inadvertence, misunderstanding and/or ignorance of the children's" (,))qq&"  xLtelevision commercial limits. The Commission has consistently and repeatedly rejected human  xerror, inadvertence and/or misunderstanding as a basis for excusing violations of the children's  X- xtelevision commercial limits. See, e.g., KBHKTV, supra 10 FCC Rcd at 10987 & Note 1; Le  X- xSea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management  X- x^Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts  X- xBroadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc.  Xv- x(KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd  X_- x1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Ignorance on the part of station employees  xzregarding the children's television commercial limits obviously is not an excuse, and, in fact,  xjunderscores the licensee's failure to establish an effective program for compliance. Finally, the  xfact that WGNT(TV) may have implemented policies to prevent subsequent violations of the  xCommission's children's television rules and policies does not relieve the licensee of liability for  X - xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  X - xKBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  X - xMedia Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting,  X - xInc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979,  x4980 (1995). Consideration of all of these factors warrants a forfeiture in the abovespecified  Xy- x\amount of $14,000. Cf., Big Horn Communications, Inc. (KCTZ(TV)), 8 FCC Rcd 5081 (1993)  Xb- x($15,000 forfeiture for 55 overages); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545 (1994) ($14,000 forfeiture for 45 overages).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xTherefore, the license renewal application of Centennial Communications, Inc., for Station WGNT(TV), Portsmouth, VA, File No. BRCT960603LE, IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures