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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 July 10, 1997 Released: July 14, 1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mississippi Broadcasting Partners Licensee, WABG-TV Post Office Box 1243 Greenwood, MS 38701 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the 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. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter alia, limiting the number of minutes 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. Accordingly, 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 television programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). On February 3, 1997, you filed an application for renewal of license (FCC Form 303-S) for Station WABG-TV, Greenwood, MS (BRCT-970203LD). In response to Section III, Question 4 of that application you state that during the previous license term WABG-TV failed to comply with the limits on commercial matter in children's programming specified in Section 73.670 of the Commissions Rules. In Exhibit 4 to that application you indicate that between June 6, 1992, and May 27, 1995, WABG-TV violated the children's television commercial limits on 59 occasions. Of these commercial overages, nine were less than 30 seconds in duration; 10 were 30 seconds or longer but less than one minute in duration; 10 were one minute or longer but less than one and one-half minutes in duration; 11 were one and one-half minutes or longer but less than two minutes in duration; sixteen were two minutes or longer but less than three minutes in duration; and three were greater than three minutes in duration. You state that 52 of the overages occurred in the first year that the children's television commercial limits were in effect, and the station "was just becoming acquainted with the intricacies of the commercial limit requirements." You further state that the 52 overages in 1992 "were caused by inattention and misunderstanding of applicable rules" by "a former general manager of WABG-TV". Finally, you state that after a new general manager was hired in February, 1993, the station implemented new procedures and personnel training to prevent recurrence of the violations but, despite those new procedures and training, seven additional overages occurred in April and May of 1995. WABG-TV's record during the last license term of exceeding the Commission's commercial limits on children's television programming on 59 occasions constitutes a repeated violation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act, Mississippi Broadcasting Partners is hereby advised of its apparent liability for forfeiture in the amount of fifteen thousand dollars ($15,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified was 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 to 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 programming, since they take into account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEE-TV), 10 FCC Rcd 3779 (1995). WABG-TV exceeded the children's television commercial limitations on 59 occasions over a three year period. This is a high number of violations. Further, 40 of the commercial overages were one minute or longer in duration. Overages of this number and duration mean that children have been subjected to commercial matter greatly in excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990. The fact that 52 of the overages occurred in 1992, the first year that the children's television commercial limits were in effect, does not excuse or mitigate the violations. When the Commission delayed the effective date of Section 73.670 of the Rules from October 1, 1991, until January 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 broadcasters and cable operators to hone their plans to ensure compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. In view of the violations listed and the explanations offered in your renewal application, i.e., "caused by inattention and misunderstanding of applicable rules", it is clear that WABG-TV initially did not establish an effective program to monitor compliance with the children's television commercial limitations. The Commission has consistently and repeatedly rejected human error, inadvertence and/or misunderstanding of the rules as a basis for excusing violations of the children's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHK-TV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVB-TV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVI-TV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMT-TV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally, the fact that WABG-TV may have implemented policies and procedures to prevent subsequent violations of the Commission's children's television rules does not relieve the licensee of liability for violations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHK-TV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSB-TV), 9 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 above-specified amount of $15,000. Cf., Jefferson-Pilot Communications Company (WBTV(TV)), 12 FCC Rcd 2526 (1997) ($20,000 forfeiture for 79 commercial overages); Centennial Communications, Inc, (WGNT(TV)), 12 FCC Rcd 1354 (1997)($14,000 forfeiture for 49 commercial overages). You are afforded a period of thirty (30) days from the date of this letter "to show, in writing, 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 provisions 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. Accordingly, the application of Mississippi Broadcasting Partners, for renewal of license for Station WABG-TV, Greenwood, MS (BRCT-970203LD), is hereby GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Enclosure $// MISSISSIPPI BCSTNG PARTNERS, WABG-TV (Greenwood, MS) DA 97-1444 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$