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@\ @^5q.$h';U7G;A 78$'A LegalLegalMonarch'3'33|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&( w@l7 pp/=/=/= X   N X-w  Federal Communications Commission`(#DA 97468 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 `(# In reply refer to: /March 3, 1997  XH-`(# Released: March 4, 1997 ă JeffersonPilot Communications Company Licensee, WBTV(TV) One Julian Price Place Charlotte, NC 28208 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  x}the amount of twenty thousand dollars ($20,000) 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,  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  X7- x=hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming,  X - x6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial  X - xlimits became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   1xOn July 24, 1996, you filed an application for renewal of license (FCC Form 303S) for  xkstation WBTV(TV), Charlotte, NC (BRCT960724LB). In response to Section III, Question 4  xLof that application you state that during the previous license term WBTV(TV) failed to comply  xzwith the limits on commercial matter in children's programming specified in Section 73.670 of  x.the Commissions Rules. In Exhibit V to that application you indicate that between January 18,  x1992, and August 19, 1995, WBTV(TV) violated the children's television commercial limits on  x79 occasions. Of these commercial overages, 12 were less than 30 seconds in duration; 25 were 30 seconds or longer but less than one minute in duration; 14 were one minute or longer but less  x-than one and onehalf minutes in duration; nine were one and onehalf minutes or longer but less  xthan two minutes in duration; and nineteen were two minutes or longer but less than three  xminutes in duration. You explain that, although responsible station personnel were "notified" of"),**qqn("  xthe children's television commercial limits prior to their effective date, those employees  x"apparently failed to understand the regulations completely"; that the station's Traffic Manager  xbelieved that program syndicators "had formatted their programs to comply with" the children's  xtelevision commercial limits, and he therefore added commercial matter in every time segment  xZmade available to the station, both during the programs and during the breaks between programs;  xand that the station's Program Operations Supervisor "miscalculated the total amount of time" in  x"several" onehour blocks of children's programming. Finally, you state that when the errors  x.were discovered in August, 1995, the station established policies and procedures to prevent a recurrence of the violations.   ~xWBTV(TV)'s record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 79 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xjof the Communications Act, JeffersonPilot Communications Company is hereby advised of its  xNapparent liability for forfeiture in the amount of twenty thousand dollars ($20,000) for its  xapparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified  xAwas 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).   xWBTV(TV) exceeded the children's television commercial limitations on 79 occasions.  xThis is a very high number of violations. Further, the violations occurred regularly and  x.continually over an extended period of three years and seven months. When the Commission  xdelayed the effective date of Section 73.670 of the Rules from October 1, 1991, until January 1,  x 1992, we stated that "giving the additional time to broadcasters and cable operators before  xcompliance with the commercial limits is required will have the effect of enabling broadcasters  X- x!and cable operators to hone their plans to ensure compliance...." Children's Television  X- xProgramming, supra 6 FCC Rcd at 5530 n.10. In view of the violations listed and the  xexplanations offered in your renewal application, it is clear that WBTV(TV) initially did not  x.establish an effective program to monitor compliance with the children's television commercial  xLlimitations, and failed to notice or rectify this deficiency for over three years. The Commission  xhas consistently and repeatedly rejected human error, inadvertence and/or misunderstanding of  Xh$- xthe rules as a basis for excusing violations of the children's television commercial limits. See,  XQ%- x0e.g., UTV 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  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." (,))qq&"  X- 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). Further, a licensee's reliance on a program's  x-source or producer for compliance with our children's television rules and policies will not excuse  X- xor mitigate violations which do occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)),  X- x10 FCC Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797  X- xy(1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995);  Xv- xWRGB Broadcasting, Inc., MMB Admonition dated August 10, 1994. Finally, the fact that  xWBTV(TV) may have implemented policies and procedures to prevent subsequent violations of  x-the Commission's children's television rules does not relieve the licensee of liability for violations  X1- x=which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV,  X - xAsupra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media  X - xCorporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc.  X - x0(KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980  x(1995). Consideration of all of these factors warrants a forfeiture in the abovespecified amount  X - xof $20,000. Cf., WTWS(TV), supra 9 FCC Rcd at 1715 ($20,000 forfeiture for 80 commercial  X - x/overages); Rollins Telecasting, Inc. (WPTZ(TV)),10 FCC Rcd 8795 (1995)($17,500 forfeiture for 77 commercial overages).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of JeffersonPilot Communications Company, for renewal of license for Station WBTV(TV), Charlotte, NC (BRCT960724LB), is hereby GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure cc: Rosemary C. Harold, Esq. "#',))qq%"  }:< #n6X@`7Fc&@#$// JEFFERSONPILOT COMMS CO, WBTV(TV) (Charlotte, NC) DA 97468 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?< #x6X@`7>fX@#  ? <