WPCG 2?BJZECourier3|j#d6X@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX@ r5-#d6X@`7s@#23Xq Z<?xxx,fx6X@`7X@<r5ddd,sd6X@`7@\ @^5q.$h';U7G;A 7W 2BVJ ZECourier<?xxx3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2l :eKK75Times New RomanCourierTimes New Roman BoldCourier Bold"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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&_KK_5ˈKK_5_u  w w_w  _<   _x   ]h   ] 8 8 \ X X  X   N X-w  Federal Communications Commission`(#DA 97671 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 `(# In reply refer to: x` `  hh@hpp  xx 1800E1 3April 2, 1997  X_-`;(# Released: April 7, 1997 ă  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED Viacom Broadcasting of Miami, Inc. Licensee, WBFSTV c/o Viacom International, Inc. 1515 Broadway New York, NY 100365794 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xthe amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications  xyAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass  xlMedia Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated  xviolations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.   xIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  XN- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X7- xrules, inter alia, limiting the number of minutes of commercial matter that television stations may  xair during children's programming, and to consider in its review of television license renewals  x>the extent to which the licensee has complied with such commercial limits. Pursuant to this  x statutory mandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670,  x}which limits the amount of commercial matter which may be aired during children's  xprogramming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. The  xCommission also reaffirmed and clarified its longstanding policy that the entire duration of a  xprogram associated with a product, in which commercials for that product are aired (a "program xlength commercial"), would be counted as commercial matter for the purpose of the children's  Xh$- xtelevision commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon.  XQ%- x0granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on  X:&-January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   !xOn September 30, 1996, you filed an application for renewal of license (FCC Form 303S)  xfor station WBFSTV, Miami, FL (File No. BRCT960930LB). In response to Section III,  x=Question 4 of that application you state that during the previous license term WBFSTV failed"),**qqn("  xto comply with the limitations on commercial matter in children's programming specified in  xSection 73.670 of the Commissions Rules. In Exhibit 4 to that application, and an   amendment  x]to Exhibit 4 filed on October 16, 1996, you indicate that WBFSTV violated the children's  x/television commercial limits by broadcasting programlength commercial on four occasions  x/between October 9, 1995, and October 1, 1996. You assert that the violations occurred as a  xlresult of inadvertence and/or human error; and that after the violations were discovered, procedures were modified and/or personnel were instructed to prevent recurrence.   $xWBFSTV's record during the last license term of exceeding the Commission's  x0commercial limits on children's television programming by broadcasting programlength  xcommercials on four occasions constitutes a repeated violation of Section 73.670 of the  xCommission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act,  xViacom Broadcasting of Miami, Inc., is hereby advised of its apparent liability for forfeiture in  xthe amount of ten thousand dollars ($10,000) for its apparent repeated violation of Section 73.670  xof the Commission's Rules. The amount specified was reached after consideration of the factors  xset forth in Section 503(b)(2) of the Communications Act, and, in particular, the following  xcriteria: (1) the number of instances of commercial overages; (2) the length and nature of each  xsuch overage; (3) the period of time over which such overages occurred; (4) whether or not the  xlicensee established an effective program to ensure compliance; and (5) the specific reasons that  xthe licensee gives for the overages. These criteria are appropriate in analyzing violations of the  X4- xcommercial limits during children's programming, since they take into account, inter alia, "the  xynature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the  X- xdegree of culpability", as required under 503(b)(2)(D) of the Communications Act. See Clear  X- xkChannel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie,  X-Inc. (WSEETV), 10 FCC Rcd 3779 (1995).   ]xAll four of the violations at WBFSTV were programlength commercials. Congress was  xparticularly concerned about programlength commercials because young children often have  xLdifficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st  xSess. 24 (1989). Overages of this nature and magnitude mean that children have been subjected  x.to commercial matter greatly in excess of the limits contemplated by Congress when it enacted  X7- xkthe Children's Television Act of 1990. Children's Television Programming, supra 6 FCC Rcd  xat 211718. The only reason for the overages proffered by WBFSTV, inadvertence and/or  X - x@human error, do not mitigate or excuse such violations. Ramar Communications, Inc.  X- x{(KJTV(TV)), 9 FCC Rcd 1831 (1994); Act III Broadcasting License Corp. (WUTV(TV)), 10  X- x>FCC Rcd 4957 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959  X - x(1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977 (1995). Finally, the fact  xthat WBFSTV may have implemented policies to prevent subsequent violations of the  xCommission's children's television rules and policies does not relieve the licensee of liability for  X#- xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  Xh$- xKBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  XQ%- xMedia Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting,  X:&- xInc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979,  x4980 (1995). Consideration of all of these factors warrants a forfeiture in the abovespecified  X (- xamount of $10,000. Cf., Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555" (,))qq&"  x(1994) ($10,000 forfeiture for seven overages, including four programlength commercials);  X- xRamar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994) ($10,000 forfeiture for six overages, including three programlength commercials).   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.  xTherefore, the license renewal application of Viacom Broadcasting of Miami, Inc., File No. BRCT960930LB, for Station WBFSTV, Miami, FL, IS HEREBY GRANTED.  Xy- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Anne C. Lucey, Esq. " ,))qq"  X- kwbfsfr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwbfsfr2.r "s el "s   ~9 -#n6X@`7Fc&@#  }: < $// VIACOM BCSTNG OF MIAMI, INC., WBFSTV (MIAMI, FL) DA 97671 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$ #x6X@`7>fX@#