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N:V5hC:,5Xh*f9 xr G;XX<R&HHH,D,H6X@`7h@ ?xxx,LNx6Nhez7XHW!@(#,9h@\  P6G;hP$ H.t==,[ŋ&tps7&I1mC9,h Xm2PG;XP L/qC:,ncdXq2pPG;XMy.X80,IX\  P6G;Py.\80,  [\4  pG;"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNfx6X@`7X@  9.s==,&sxP7&P :p&^22,^xP7P ;WI'',C.^IxP7^P<r5ddd,sd6X@`7@<7jC:, Xj\  P6G;XP =7nC:, Xn4  pG;X\>5hC:,5Xh*f9 xr G;XX<R&HHH,D,H6X@`7h@ ?xxx,LNx6Nhez7XHOW!@(#,9h@\  P6G;hP$ H.t==,[ŋ&tps7&I1mC9,h Xm2PG;XP L/qC:,ncdXq2pPG;XMy.X80,IX\  P6G;PNy.\80,  [\4  pG;?xxx,yx `7X\{,W80,5?W*f9 xr G;Xox...&Edit User Box...&Edit Equation...&Edit Horizontal Line...&Edit Vertical  ?<    ,\ X-#Xj\  P6G; XP# w Federal Communications Commission`(#DA 97324#Xm2PG; XP#у   yxdddy  P-T# XP\  P6Q XP# ă   T#Xj\  P6G; XP# ă yO-#&sxP7&P# #Xj\  P6G; XP# #X\  P6G;IP#Federal Communications Commission  yO-Washington, D.C. 20554#^xP7P# T T  W?xT#^IxP7C.^P#IN REPLY REFER TO:  X\-X(#P#Xj\  P6G; XP#x` `  hh@hpp  xx1800C1SD  XE-  x` `  hh@hpp  xx94120063  X.- February 10, 1997 ă  X-x` `  hh@h Released: February 12, 1997  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED  KCOP Television, Inc. Licensee, KCOPTV 915 N. La Brea Avenue Hollywood, CA 90048 Dear Licensee:  xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE ("NAL")  xin the amount of fifteen thousand dollars ($15,000) pursuant to Section 503(b) of the  xCommunications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the  x=Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283.  x=This proceeding concerns apparently repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.  Xb- x In the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000, codified at  XK- x=47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter  X6- xLalia, limiting the amount of commercial matter that television stations may air during children's  xprogramming, and to consider in its review of television license renewals the extent to which the  x/licensee has complied with such commercial limits. Pursuant to this statutory mandate, the  xzCommission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount  xof commercial matter which may be aired during children's programming to 10.5 minutes of  xcommercial time per hour on weekends and 12 minutes of commercial time per hour on  xjweekdays. The Commission also stated that the entire duration of a program associated with a  xproduct, in which commercials for that product are aired (a "programlength commercial") would  xbe counted as commercial matter for the purpose of the children's television commercial limits.  x=Finally, the Commission reaffirmed its longstanding policy against "hostselling" ("the use of  xprogram talent to deliver commercials," including "endorsements or selling by animated cartoon  X;$- x/characters as well as 'live' program hosts"). Children's Television Programming, 6 FCC Rcd  X$%- x/2111, 2118, 2127 n.147, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial  X &- xlimitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991)."&*((&"Ԍ xyԙCongress is particularly concerned about programlength commercials because young children  xyoften have difficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st  xCong., 1st Sess. 24 (1989). Similarly, the effect of hostselling "is to interweave the program and  X- xthe commercial, exacerbating the difficulty children have distinguishing between the two." Action  X-for Children's Television, 50 FCC 2d 1, 16 (1974).  X-  xOn October 25, 1994, the Mass Media Bureau's Enforcement Division sent you a letter of inquiry  xregarding a complaint which alleged possible policy and rule violations during your March 1994,  xairing of the children's program "Sonic the Hedgehog." The letter directed your attention to two  xsituations involving both the Commission's programlength commercial rule and its hostselling  xpolicy. The first involved an advertisement for "Honey Nut Cheerios" which featured the Sega  xKGenesis game "Sonic the Hedgehog" and Sega Genesis products in general during the "Sonic the  xHedgehog" program. The second involved the apparent promotion of the Sonic the Hedgehog  xcharacter in a "Honey Nut Cheerios" cereal commercial in which the character of Sonic the  xZHedgehog appeared throughout the spot, which aired during the "Sonic the Hedgehog" program. You responded to the Commission by letter dated December 1, 1994.  Xy-Honey Nut Cheerios: Promotion of Sega Genesis Products  Xb-  xThe Honey Nut Cheerios commercial heavily promoted the Sonic the Hedgehog videogame and  xSega Genesis products in general. In the Honey Nut Cheerios commercial, the HoneyBee of  xj"Honey Nut Cheerios" is playing the Sonic the Hedgehog Sega videogame. The Sega Genesis  x.game system and Sega Genesis games are also advertised at the end of the commercial. Thus,  xthe Honey Nut Cheerios commercial centers around Sega Genesis' Sonic the Hedgehog videogame, while the entire Sega Genesis system is promoted at the end of the advertisement.  xYou state in your response letter dated December 1, 1994, that the station broadcast the Honey  xNut Cheerios commercial featuring the Sega Genesis games nine times from March 14 to April  x4, 1994. You argue that although the Honey Nut Cheerios commercial aired during the Sonic  xthe Hedgehog program, the product being advertised was Honey Nut Cheerios cereal and not  xSega Genesis games. Therefore, you assert, the Sonic the Hedgehog program does not come  xwithin the Commission's definition of the programlength commercial. You further state that the  x.commercial was broadcast due to "inadvertent human error" and despite instructions it not be  xKaired. Finally, you state that you have initiated a new procedure for ensuring that the appropriate personnel are alerted to any commercial restrictions in the future.  x=The Commission has repeatedly held that, where a commercial announcement is primarily for a  xLproduct otherwise unrelated to a program (e.g. a breakfast cereal), but that announcement also  xincludes references to or offers of products which are related to the program, the broadcast of that  xcommercial announcement during the program to which the included products relate will render"#*&&G""  X- xthat program a programlength commercial.hV Oy< xЍ #X\  P6G;IP#See, e.g., Scripps Howard Bcsting Co. (KNXVTV), 9 FCC Rcd 2547 (1994) (inter alia, "a commercial  xfor Kelloggs Frosted Flakes that contained an offer for a free character from the show 'Ducktails' w[as] aired during  yO-the 'Ducktails' show").#x6X@`7>fX@#Ѽ The Sonic the Hedgehog game and Sega Genesis  xproducts are clearly related to the Sonic the Hedgehog program in which the advertisement was  xaired. Accordingly, these Honey Nut Cheerios advertisements featuring the Sega Genesis/Sonic  xthe Hedgehog products turn the subject 30minute "Sonic the Hedgehog" programs into program x length commercials, causing KCOPTV to have exceeded the limits on commercial matter in children's programming on those nine occasions.  xTherefore, pursuant to 47 U.S.C. 503(b), you are hereby advised of your apparent liability for  xa forfeiture in the amount of fifteen thousand dollars ($15,000) for your apparent repeated  xviolations of 47 C.F.R. 73.670, by airing the programlength commercials described above on  xnine occasions, beginning March 14, 1994, and ending April 4, 1994. The amount specified was  x=reached after consideration of the factors set forth in Section 503(b)(2) of the Communications  xiAct, including "the nature, circumstances, extent, gravity of the violation, and any history of prior offenses." 47 U.S.C.503(b)(2)(D).  xIn particular, we have considered the number of instances of commercial overages, the nature of  x[the overages, the period of time over which such overages occurred, the reasons the overages  xLoccurred, and KCOPTV's history of prior offenses. In this instance, we have a relatively large  xnumber of violations caused by the licensee's apparent inability to keep station personnel  xinformed of the commercial instructions to be entered into the program log. The only reason for  x{the cited violations proffered by KCOPTV, human error, does not justify or excuse such  xviolations. The Commission has consistently and repeatedly rejected human error, inadvertence  xZand/or misunderstanding as a basis for excusing violations of the children's television commercial  X- xlimits.V O< xЍ #X\  P6G;IP#See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987, n.1 (1995); Le Sea  yOp- xhBroadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVB yO8- xTV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555  yO- x(1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMT yO-TV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993).#x6X@`7>fX@#  Your implementation of a plan designed to prevent future violations of the Commission's  xychildren's television commercial limitations does not relieve you of liability for violations which  X-have occurred. V M*!<ԍ #X\  P6G;IP#Id.#x6X@`7>fX@#с  X-   X- xjWith respect to your "history of prior offenses," the Commission, in 1989, drafted a cautionary  X|- xletter for KCOPTV's violation of the hostselling policy. See Letter from Edythe Wise,  Xe- xEnforcement Division, Mass Media Bureau, (May 15, 1989). The Commission also admonished"eV *&&"  X- xNyou for violation of the programlength commercial rule in 1994. See Letter from Barbara  X- x=Kreisman, Video Services Division, Mass Media Bureau, (April 18, 1994). Overall your history  x<of repeated violations combined with the nine addressed here, demonstrate an ongoing disregard  xzfor the Commission's children's television commercial limit rules and policies, warranting the  X-instant forfeiture.RV O< xЍ #X\  P6G;IP#See e.g. KTBY Inc., 11 FCC Rcd 13870 (1996) ($10,000 NAL for four programlength commercial  yO-violations which were firsttime offenses of the licensee).  #x6X@`7>fX@#R   Xv-Honey Nut Cheerios: Promotion of the Sonic the Hedgehog Character  X_-  xyWe also ADMONISH you for nine hostselling violations based on the promotion of the Sonic  xthe Hedgehog character throughout the Honey Nut Cheerios commercial aired during the Sonic the Hedgehog program.  xiHostselling is a practice the Commission has denounced because it takes unfair advantage of the  X - xtrust that children place in program characters. Action for Children's Television, 50 FCC 2d 1,  x8, 1617 (1974). The Commission's policy is that any appearance by a program character in an  X - xotherwise unrelated commercial constitutes hostselling. UTV of San Francisco, Inc. (KBHK X- xMTV), 10 FCC Rcd 10986 (1995). As the Commission stated in a May 15, 1989, letter to KCOP  xKTelevision, Inc., this policy would prohibit the depiction of a cartoon character, such as Sonic the  xHedgehog, in a children's program to sell a product in a commercial aired in close proximity to  xthat program. In view of all the circumstances, we believe the abovedescribed advertisement  xlwas a violation of our hostselling policy. We therefore ADMONISH you to avoid such situations in the future.  X-  xK"S7xWith respect to this forfeiture proceeding, you are afforded a period of thirty (30) days from the  xrelease date of this NAL "to show, in writing, why a forfeiture penalty should not be imposed  xor should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not  x1be imposed or should be reduced shall include a detailed factual statement and such  x]documentation and affidavits as may be pertinent." 47 C.F.R. 1.80(f)(3). Other relevant  xprovisions of Section 1.80 of the Commission's Rules are summarized in the attachment to this letter.    x` `  hh@FEDERAL COMMUNICATIONS COMMISSION   x` `  hh@hpp  xx 0(#(#Xx` `  hh@Roy J. Stewart  X -x` `  hh@Chief, Mass Media Bureau#d6X@`7s@#