WPC 2?BJ ZCourier3|jCourierTimes New Roman Bold@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXPTimes New RomanTimes New RomanCourier6X@`7s@#2:q KTimes New RomanCourierTimes New Roman BoldCourier Bold<r5ddd,sd6X@`7@HAb93,% ͓#)*,-/69:;<=`?aADEFIP"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 XFK7w&7jC:, 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+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNfx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@&7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@(y.X80,IX\  P6G;P*7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7&ee /L( Hhtppx 2 X   N X-w  Federal Communications Commission`(#DA 97292 ă  yxdddy Federal Communications Commission +Washington, D.C. 20554 `(#* In reply refer to: ` `  hh,Vpp  xx- 1800E1 +@February 7, 1997  X1-`s(# Released: February 10, 1997 ă  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(# Chesapeake Television Licensee, Inc. Licensee, WBFF(TV) 2000 West 41st Street Baltimore, MD 21211 Dear Licensee:  This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in   the amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications   yAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass   lMedia Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated   violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.  In the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  Xe-  codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  XN-  [rules, inter alia, limiting the amount of commercial matter that television stations may air during   children's programming, and to consider in its review of television license renewals the extent   Lto which the licensee has complied with such commercial limits. Accordingly, the Commission   adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial   matter which may be aired during children's programming to 10.5 minutes on weekends and 12   <minutes on weekdays. The Commission also reaffirmed and clarified its longstanding policy that   za program associated with a product, in which commercials for that product are aired, would   cause the entire program to be counted as commercial time (a "programlength commercial").  X"-  zChildren's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd   15093, 5098 (1991). These commercial limitations became effective on January 1, 1992.  Xh$-Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).  On June 3, 1996, you filed an application for renewal of license (FCC Form 303S) for   station WBFF(TV), Baltimore, MD (File No. BRCT960603LK). In response to Section III,   yQuestion 4 of that application you state that during the previous license term WBFF(TV) failed   to comply with the limitations on commercial matter in children's programming specified in   Section 73.670 of the Commissions Rules. In Exhibit 3 to that application you indicate that"),**qqn("   WBFF(TV) violated the children's television commercial limits on five occasions. Of these   zcommercial overages, one was 30 seconds in duration (within a halfhour block of children's   -programming); and four were programlength commercials. You state that the 30second overage   occurred as a result of an error by a new employee, and that the children's television commercial     limitations were "reiterated to the staff." You further state that on February 22, 1994, during the   Z"Power Rangers" program, a "Bandai/Power Ranger commercial" was broadcast; that this was the   result of "an inadvertent human error"; and that the station instituted "procedural guidelines" to   prevent a recurrence. In addition, you state that on March 19, 1994, a broadcast of the program   "Tazmania" included a commercial announcement for "Kellogg's Raisin Bran" cereal which   featured an appearance by the program's "Taz" character; and that, because the station received   a "live feed" of the "Tazmania" program in question from the Fox Television Network, the   inclusion of the commercial announcement featuring a character from the program "was a   =network infraction beyond the control" of WBFF(TV). Finally, you state that on November 28   and 30, 1994, a broadcast of the program "Sonic the Hedgehog" included a commercial   announcement which "depicted the Sonic the Hedgehog character"; that the announcement was   a barter spot included in the program by the program's supplier; and that the announcement "gave no warning that it featured this particular hedgehog character."  `WBFF(TV)'s record during the last license term of exceeding the Commission's   commercial limits on children's television programming on five occasions constitutes a repeated   jviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)   of the Communications Act, Chesapeake Television Licensee, Inc. is hereby advised of its   apparent liability for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent   repeated violation of Section 73.670 of the Commission's Rules. The amount specified was   =reached after consideration of the factors set forth in Section 503(b)(2) of the Communications   Act, and, in particular, the following criteria: (1) the number of instances of commercial   overages; (2) the length and nature of each such overage; (3) the period of time over which such   overages occurred; (4) whether or not the licensee established an effective program to ensure   compliance; and (5) the specific reasons that the licensee gives for the overages. These criteria   .are appropriate in analyzing violations of the commercial limits during children's programming,  XN-  since they take into account, inter alia, "the nature, circumstances, extent, and gravity of the   violation, and, with respect to the violator, the degree of culpability", as required under  X -  503(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).  @When the Commission delayed the effective date of Section 73.670 of the Rules until   LJanuary 1, 1992, we stated that "giving the additional time to broadcasters and cable operators   before compliance with the commercial limits is required will have the effect of enabling broadcasters and cable operators to hone their  X#-  plans to ensure compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530   n.10. Although WBFF(TV) appears to have made an effort to comply with the Commission's   children's television commercial limits, that effort apparently was not sufficient in light of the   xviolations described in the station's renewal application. Although one of the overages described   in WBFF(TV)'s renewal application was 30 seconds in duration, four were programlength   commercials. Congress was particularly concerned about programlength commercials because" (,))qq&"   young children often have difficulty distinguishing between commercials and programs. S. Rep.   yNo. 227, 101st Cong., 1st Sess. 24 (1989). Overages of this frequency and magnitude mean that   =children have been subjected to commercial matter greatly in excess of the limits contemplated  X-  by Congress when it enacted the Children's Television Act of 1990. Children's Television  X-  Programming, supra 6 FCC Rcd at 211718. Further, the assertion that the programlength   commercials occurred in programs supplied by the Fox Television Network, or another program   .supplier, does not absolve WBFF(TV) of responsibility for those violations. The Commission   has consistently held that a licensee's reliance on a program's source or producer for compliance   with the children's television rules and policies will not mitigate or excuse violations which do  X1-  occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt.  X -  =Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting  X -  Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995). The only other reason for the   overages proffered by WBFF(TV), inadvertence and human error, do not mitigate or excuse such  X -  violations. Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Act III  X -  {Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Buffalo Management  X -  nEnterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Le Sea Broadcasting Corp.  X-  (WHKE(TV)), 10 FCC Rcd 4977 (1995). Consideration of all of these factors warrants a  Xy-  yforfeiture in the abovespecified amount of $10,000. Cf., Gannett Massachusetts Broadcasting,  Xb-  Inc. (WLVITV), 9 FCC Rcd 1555 (1994) ($10,000 forfeiture for seven overages, including four  XK-  Nprogramlength commercials); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994) ($10,000 forfeiture for six overages, including three programlength commercials).  You are afforded a period of thirty (30) days from the date of this letter "to show, in   kwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the   =forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced   >shall include a detailed factual statement and such documentation and affidavits as may be   pertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant   Lprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.  {Notwithstanding the substantial nature of the violations described here and the severity   with which we regard them, we find you qualified to remain a Commission licensee and conclude   that grant of your application would serve the public interest, convenience and necessity.   Therefore, the license renewal application of Max Television of Syracuse L.P., File No. BRCT960603LK, for Station WBFF(TV), Baltimore, MD, IS HEREBY GRANTED.  X- ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau Enclosures cc: Martin R. Leader, Esq." (,))qq&"Ԍ G"xO*   ~9-#n6X@`7Fc&@#  }:<  < $// CHESAPEAKE TLVSN LICENSEE, INC., WBFF(TV)(BALTIMORE, MD) DA 97292 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:e<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$ #x6X@`7>fX@#