WPC 2?BJZECourier3|j#d6X@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX@ r5-#d6X@`7s@#23Xq Z<?xxx,2x6X@`7X@<r5ddd,sd6X@`7@\ @^5q.$h';U7G;A 7Xn-6F[w!/DTck{3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2l :eKK75Times New RomanCourierTimes New Roman BoldCourier Bold"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""fx6X@`7X@?xxx,-x `7XW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,P<~9nnn,Fcn6X@`7&@ }:nnn,-on `7&2  X   N X-w  Federal Communications Commission`(#DA 97393 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 `(# In reply refer to: x` `  hh@hpp  xx 1800E1 %February 18, 1997  Xv-`s(# U"RI   U"RI Released: February 26, 1997 U"RI   U"RI ԃ  XH- CERTIFIED MAIL RETURN RECEIPT REQUESTED Sullivan Broadcasting License Corporation Licensee, WTATTV 18 Newbury Street Boston, MA 02116 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xthe amount of twelve thousand five hundred dollars ($12,500) pursuant to Section 503(b) of the  xCommunications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the  x=Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283,  xfor repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.   xIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  X- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X- xrules, inter alia, limiting the number of minutes of commercial matter that television stations may  xair during children's programming, and to consider in its review of television license renewals  xthe extent to which the licensee has complied with such commercial limits. Accordingly, the  xzCommission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount  x>of commercial matter which may be aired during children's programming to 10.5 minutes per  xhour on weekends and 12 minutes per hour on weekdays. The Commission also reaffirmed and  xclarified its longstanding policy that the entire duration of a program associated with a product,  xin which commercials for that product are aired (a "programlength commercial") would be  x/counted as commercial matter for the purpose of the children's television commercial limits.  X- xzChildren's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd  X - x]5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's  X!-Television Programming, 6 FCC Rcd 5529, 5530 (1991).   xOn August 1, 1996, you filed an application for renewal of license (FCC Form 303S) for  Xh$- x|station WTATTV, Charleston, SC (BRCT960801KS).  h$np yO&- xYԍ On December 15, 1995, the Commission granted an application for transfer of control of Act III Broadcasting  xLicense Corporation, then licensee of WTATTV, from Act III Communications Holdings, L.P., to A3 Acquisition,  xInc. (BTCCT950621KQ). In a letter dated January 4, 1996, the Commission was informed that the transfer of  xcontrol was consummated on that date; that the name of the licensee, Act III Broadcasting License Corporation, had"9),**f)"  xbeen changed to Sullivan Broadcasting License Corporation; that the licensee's parent corporation (the entity formed  xby the merger of A3 Acquisition, Inc. and Act III Broadcasting, Inc.) was now Sullivan Broadcasting Company,  xInc.; and that the owner of Sullivan Broadcasting Company, Inc., was now Sullivan Broadcasting Holdings, Inc. (formerly A3 Holdings, Inc.). Section III, Question 4 of that"h$,**qq(#"  xapplication indicates that during the previous license term WTATTV failed to comply with the  xlimits on commercial matter in children's programming specified in Section 73.670 of the  xCommissions Rules. Exhibit 2 to that application states that between January 4, 1992, and  x?November 30, 1994, WTATTV violated the children's television commercial limits on 21  xoccasions. Of these commercial overages, one was less than 30 seconds in duration; 13 were 30  xseconds in duration; three were one minute in duration; one was one and onehalf minutes in  xduration; and three were programlength commercials. All of the conventional overages were  xKattributed to inadvertence, human error and/or miscalculation. You state that one of the program xlength commercials "was the result of an error on the part of the Fox Television Network."  x/Attached to Exhibit 2 is a copy of a communication from the Fox Television Network which  xindicates that on March 19, 1994, during a program entitled "Tazmania", a commercial for a  x breakfast cereal which included a 10second "premium" spot featuring a character from the  xprogram was "inadvertently" broadcast; and that the Fox Television Network had instituted  xprocedures to prevent a recurrence. You state that the other two programlength commercials  x"were the result of an error by One World Entertainment", the entity which places commercial  xmatter in the syndicated program "Sonic the Hedgehog". Attached to Exhibit 2 is a copy of a  xdocument which states that on November 28 and 30, 1994, during the program "Sonic the  x-Hedgehog", commercial announcements which included a reference to a "Sonic hand held game" manufactured by "SEGA/Pocket Arcade" were broadcast.   `xWTATTV's record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 21 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Sullivan Broadcasting License Corporation is hereby advised of its  x[apparent liability for forfeiture in the amount of twelve thousand five hundred dollars ($12,500)  xfor its apparent repeated violation of Section 73.670 of the Commission's Rules. The amount  x>specified was reached after consideration of the factors set forth in Section 503(b)(2) of the  xCommunications Act, and, in particular, the following criteria: (1) the number of instances of  xcommercial overages; (2) the length and nature of each such overage; (3) the period of time over  xwhich such overages occurred; (4) whether or not the licensee established an effective program  xxto ensure compliance; and (5) the specific reasons that the licensee gives for the overages. These  xcriteria are appropriate in analyzing violations of the commercial limits during children's  X - xprogramming, since they take into account, inter alia, "the nature, circumstances, extent, and  xygravity of the violation, and, with respect to the violator, the degree of culpability", as required  X- xunder 503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc.  X- xk(KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC  X -Rcd 3779 (1995). "",))qqf!"Ԍ  |xWTATTV exceeded the children's television commercial limitations on 21 occasions.  xzThis is a significant number of violations. In addition, three of the violations were program xlength commercials. Overages of this nature and magnitude mean that children have been  x.subjected to commercial matter greatly in excess of the limits contemplated by Congress when  xit enacted the Children's Television Act of 1990. Congress was particularly concerned about  xxprogramlength commercials because young children often have difficulty distinguishing between  xcommercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). With regard to  x<your assertion that the programlength commercial violations occurred as a result of errors by the  x-Fox Television Network and/or One World Entertainment, the Commission has consistently ruled  xthat a licensee's reliance on a program's producer or syndicator for compliance with our  xzchildren's television rules and policies will not excuse or mitigate violations which do occur.  X - xmSee, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt.  X - x=Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting  X - xLimited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995); WRGB Broadcasting, Inc., MMB Admonition dated August 10, 1994.   xFurther, the violations occurred over an extended period of two years and ten months.  xWhen the Commission delayed the effective date of Section 73.670 of the Rules from October  x\1, 1991, until January 1, 1992, we stated that "giving the additional time to broadcasters and  xcable operators before compliance with the commercial limits is required will have the effect of  xNenabling broadcasters and cable operators to hone their plans to ensure compliance...."  X- xMChildren's Television Programming, supra 6 FCC Rcd at 5530 n.10. In view of the violations  xlisted and the explanations offered in WTATTV's renewal application, it is clear that the station  x0initially did not establish an effective program to monitor compliance with the children's  xtelevision commercial limitations, and failed to rectify this deficiency for almost three years. The  xCommission has repeatedly rejected human error, inadvertence and/or misunderstanding of the  X- xrules as a basis for excusing violations of the children's television commercial limits. See, e.g.,  X- xUTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea  X|- xBroadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management  Xe- x^Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts  XN- xBroadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc.  X7- x(KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd  X - x@1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally, the fact that WTATTV (and/or a  xprogram's producer or syndicator) may have implemented policies to prevent subsequent  xviolations of the Commission's children's television rules and policies does not relieve the  X- xlicensee of liability for violations which have occurred. International Broadcasting Corp., 19 FCC  X - x2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077,  X!- xz5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain  X"- xStates Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P.,  x10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors warrants a forfeiture in the  Xh$- xabovespecified amount of $12,500. Cf., WIVBTV, supra 10 FCC Rcd at 4960 ($10,000  XQ%- xforfeiture for 11 overages, including three programlength commercials); Oregon Television, Inc.,  X:&- x(KPTV(TV)), 10 FCC Rcd 8766, 8767 (1995)($10,000 forfeiture for 11 overages, including three programlength commercials). " (,))qq&"Ԍ  xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  x/with which we regard them, we find Sullivan Broadcasting License Corporation qualified to  x-remain a Commission licensee, and conclude that grant of the instant application would serve the  xpublic interest, convenience and necessity. Accordingly, the application of Sullivan Broadcasting  xLicense Corporation for renewal of license for Station WTATTV, Charleston, SC (BRCT960801KS), is hereby GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure cc: Howard M. Liberman, Esq. ",))qq"  }:< xH!< #n6X@`7Fc&@#$// SULLIVAN BCSTG LIC. CORP., INC., WTATTV (Charleston, SC) DA 97393 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?N< #x6X@`7>fX@#  ?<#x6X@`7>fX@##x6X@`7>fX@#