WPCG 2?BJZECourier3|j#d6X@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX@ r5-#d6X@`7s@#23Xq Z<?xxx,2x6X@`7X@<r5ddd,sd6X@`7@      NotifyNotifications : . - Additional notificat3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2l :eKK75Times New RomanCourierTimes New Roman BoldCourier Bold"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<"dxtldpxxd"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&@}:nnn,-on `7&"P(.39p?RBp RRFr RIp R4Mp RPr RTpRWpRZ X   N X-w  Federal Communications Commission`(#=DA 97391 ă  yxdddy Federal Communications Commission +Washington, D.C. 20554 `(#* In reply refer to: ` `  hh,Vpp  xx- 1800E1 =February 14, 1997  XH-`s(# Released: February 26, 1997 ă  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(# Paramount Stations Group of Washington, Inc. Licensee, WDCA(TV) 5202 River Road Bethesda, MD 20816 Dear Licensee:  This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in   Pthe amount of fifteen thousand dollars ($15,000) pursuant to Section 503(b) of the   Communications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the   =Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283,   for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.  In the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  Xe-  codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  XN-  [rules, inter alia, limiting the amount of commercial matter that television stations may air during   children's programming, and to consider in its review of television license renewals the extent   to which the licensee has complied with such commercial limits. Pursuant to this statutory   mandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits   the amount of commercial matter which may be aired during children's programming to 10.5   minutes per hour on weekends and 12 minutes per hour on weekdays. The Commission also   kreaffirmed and clarified its longstanding policies against "programlength commercials" ("a   program associated with a product, in which commercials for that product are aired") and "host  selling" ("the use of program talent to deliver commercials", including "endorsements or selling  X#-  by animated cartoon characters as well as 'live' program hosts"). Children's Television  Xh$-  Programming, 6 FCC Rcd 2111, 2118, 2127 n.147, recon. granted in part, 6 FCC Rcd 5093, 5098  XQ%-  (1991). The commercial limitations became effective on January 1, 1992. Children's Television  X:&-Programming, 6 FCC Rcd 5529, 5530 (1991).  On June 3, 1996, you filed an application for renewal of license (FCC Form 303S) for   Station WDCA(TV), Washington, DC (File No. BRCT960603KJ). In response to Section III,   Question 4 of that application you indicate that during the previous license term WDCA(TV)"),**qqn("   failed to comply with the limitations on commercial matter in children's programming specified   in Section 73.670 of   the Commission's Rules. In Exhibit II to that application you describe the   /procedures established by WDCA(TV) to comply with the children's television commercial   limitations. However, you also state that, despite those procedures, WDCA(TV) violated the   children's television rules and policies on 19 occasions between July 8, 1992, and April 22, 1996.   .Of these 19 violations, one was three minutes in duration; one was 45 seconds in duration; six   xwere 30 seconds in duration; one was 10 seconds in duration; and ten were characterized as "host   \selling". You attribute those violations to inadvertence, human error, inexperienced station   -employees, and/or unawareness on the part of station employees as to the content of commercial   matter or the relationship between a program and the product(s) being advertised. With regard   yto two of the violations which you characterize as "host selling", you state that the commercial   ymatter was inserted in the program by a "syndicator...who undertook a responsibility to ensure compliance," but that syndicator "did not screen the spots properly."  @In a letter dated September 19, 1996, you amended Exhibit II to WDCA(TV)'s renewal   >application, stating that on September 16, 1996, during the "Bananas in Pajamas" children's   program, a commercial announcement for "Bananas in Pajamas" toy characters was "inadvertent[ly]" broadcast.  >As indicated above, the Commission defines a "programlength commercial" as "a program   yassociated with a product, in which commercials for that product are aired"; and defines "host  Kselling" as "the use of program talent to deliver commercials", including "endorsements or selling  X-  by animated cartoon characters as well as 'live' program hosts". Children's Television  X-  Programming, supra 6 FCC Rcd at 2118, 2127 n.147. Initially, we note that the incidents   !characterized in your renewal application as "host selling" appear to be programlength   commercials. For instance, in Exhibit II you state that on October 12, 1992, "[h]ost selling   .occurred because of a mislabeled commercial." However, attached to Exhibit II is a copy of an   unidentified station document which indicates that on that date, October 12, 1992, "commercials   for Teenage Mutant Ninja Turtles" were aired during the "Teenage Mutant Ninja Turtles"   program. This incident is clearly "a program associated with a product, in which commercials   for that product are aired", a programlength commercial. Further, Exhibit II states that incidents   Lof "host selling" occurred on November 28 and 30, 1994, without any description of the nature   or content of the program or commercial matter, while memoranda and documents attached to   <Exhibit II indicate that, on those dates, a commercial announcement for a "Sonic hand held game"   /manufactured by "SEGA/Pocket Arcade" was broadcast during the "Sonic the Hedgehog"   Lprogram. Some of these documents and memoranda clearly state that the advertisements were   for a "Sonic product", and some correctly describe the incidents as "programlength commercials".   The information provided regarding the remainder of the incidents which you characterize as "host selling" similarly indicate that those incidents were, in fact, programlength commercials.  WDCA(TV)'s record during the last license term of exceeding the Commission's   =commercial limits on children's television programming on 20 occasions constitutes a repeated   jviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)   jof the Communications Act, Paramount Stations Group of Washington, Inc., is hereby advised   of its apparent liability for forfeiture in the amount of fifteen thousand dollars ($15,000) for its" (,))qq&"   apparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified   Awas 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   xto 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  X_-  programming, since they take into account, inter alia, "the nature, circumstances, extent, and   ygravity of the violation, and, with respect to the violator, the degree of culpability", as required  X1-  under 503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc.  X -  k(KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC  X -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  X-  broadcasters and cable operators to hone their plans to ensure compliance...." Children's  Xy-  Television Programming, supra 6 FCC Rcd at 5530 n.10. Although WDCA(TV) appears to have   .made some effort to comply with the Commission's children's television commercial limits, that   effort apparently was not sufficient in light of the violations described in the station's renewal   -application. You have not proffered any extraordinary transitional or other difficulties that would   have prevented Station WDCA(TV) from complying with the children's television commercial   limitations during the last license period. Instead, you attribute the reported violations to   inadvertence, human error, inexperienced station employees, unawareness on the part of station   employees as to the content of commercial matter or the relationship between a program and the   product(s) being advertised, and/or the failure of a program syndicator "who undertook a   <responsibility to ensure compliance". However, the Commission has consistently and repeatedly   rejected human error, inadvertence and/or misunderstanding as a basis for excusing violations of  X|-  the children's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV),  Xe-  >10 FCC Rcd 10986, 10987 & Note 1 (1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC  XN-  Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959,  X7-  \4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994);  X -  Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont,  X -  Inc. (KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Further, the   .Commission has consistently held that a licensee's reliance on a program's source or producer   for compliance with our children's television rules and policies will not excuse or mitigate  X -  zviolations which do occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC  X!-  .Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston  X"-  Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995); WRGB  X#-Broadcasting, Inc., MMB Admonition dated August 10, 1994.  PFinally, eleven of the violations were programlength commercials. Congress was   particularly concerned about programlength commercials because young children often have   Ldifficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st   Sess. 24 (1989). Overages of this frequency and magnitude mean that children have been" (,))qq&"   .subjected to commercial matter greatly in excess of the limits contemplated by Congress when  X-  it enacted the Children's Television Act of 1990. Children's Television Programming, supra 6   FCC Rcd at 211718. The fact that WDCA(TV) may have implemented policies to prevent   subsequent violations of the Commission's children's television rules and policies does not relieve  X-  the licensee of liability for violations which have occurred. International Broadcasting Corp., 19  X-  FCC 2d 793, 794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation  Xv-  (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV),  X_-  P9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).   Consideration of all of these factors warrants a forfeiture in the abovespecified amount of  X1-  $15,000. Cf., Paramount Stations Group of Kerrville, Inc. (KRRT(TV)), 8 FCC Rcd 7064 (1993)   ($15,000 forfeiture for 28 overages, including eight programlength commercials and three incidents of hostselling).  You are afforded a period of thirty (30) days from the date of this letter "to show, in   kwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the   =forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced   >shall include a detailed factual statement and such documentation and affidavits as may be   pertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant   Lprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.  {Notwithstanding the substantial nature of the violations described here and the severity   with which we regard them, we find you qualified to remain a Commission licensee and conclude   that grant of your application would serve the public interest, convenience and necessity.   Therefore, the license renewal application of Paramount Stations Group of Washington, Inc., for Station WDCA(TV), Washington, DC, File No. BRCT960603KJ, IS HEREBY GRANTED.  X- ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau Enclosures  X#-cc:Edward N. Schor, Esq. Anne C. Lucey, Esq. "#',))qq%"  X-  }:<  8"< #n6X@`7Fc&@#$// PARAMOUNT STATNS GP OF WASH'TN, INC., WDCA(TV)(Washington, DC) DA 97 }:r<391 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?N< #x6X@`7>fX@#  ?<#x6X@`7>fX@#  ?n <#x6X@`7>fX@#    ? <#x6X@`7>fX@#