WPC 2?BJ ZCourier3|jCourierTimes New Roman Bold@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXPTimes New RomanTimes New RomanCourier6X@`7s@#2:q KTimes New RomanCourierTimes New Roman BoldCourier Bold<r5ddd,sd6X@`7@?xxx,fx6X@`7X@HPerJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX"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<"dxtldpxxd2 XFK7wG7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@Iy.X80,IX\  P6G;P7nC:,Xn4  pG;X"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&@G7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@Iy.X80,IX\  P6G;PK7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7&#Xj\  P6G; XP#0uX,0uJYJ>J2 X   N X-w  Federal Communications Commission`)(# DA 971444 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 `(#(#X 2July 10, 1997  XH-`/(# Released: July 14, 1997 ă  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED Mississippi Broadcasting Partners Licensee, WABGTV Post Office Box 1243 Greenwood, MS 38701 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xPthe amount of fifteen thousand dollars ($15,000) 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,  Xe- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  XN- 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  xof commercial matter which may be aired during children's television programming to 10.5  X- xminutes per hour on weekends and 12 minutes per hour on weekdays. Children's Television  X - xNProgramming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991).  X!- xThe commercial limits became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   OxOn February 3, 1997, you filed an application for renewal of license (FCC Form 303S)  xfor Station WABGTV, Greenwood, MS (BRCT970203LD). In response to Section III,  xyQuestion 4 of that application you state that during the previous license term WABGTV failed  xto comply with the limits on commercial matter in children's programming specified in Section  x73.670 of the Commissions Rules. In Exhibit 4 to that application you indicate that between June  xk6, 1992, and May 27, 1995, WABGTV violated the children's television commercial limits on  x<59 occasions. Of these commercial overages, nine were less than 30 seconds in duration; 10 were"),**qqn("  x30 seconds or longer but less than one minute   in duration; 10 were one minute or longer but less  xthan one and onehalf minutes in duration; 11 were one and onehalf minutes or longer but less  xthan two minutes in duration; sixteen were two minutes or longer but less than three minutes in  xZduration; and three were greater than three minutes in duration. You state that 52 of the overages  xoccurred in the first year that the children's television commercial limits were in effect, and the  xstation "was just becoming acquainted with the intricacies of the commercial limit requirements."  x<You further state that the 52 overages in 1992 "were caused by inattention and misunderstanding  xof applicable rules" by "a former general manager of WABGTV". Finally, you state that after  xa new general manager was hired in February, 1993, the station implemented new procedures and  xpersonnel training to prevent recurrence of the violations but, despite those new procedures and training, seven additional overages occurred in April and May of 1995.   `xWABGTV's record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 59 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Mississippi Broadcasting Partners is hereby advised of its apparent  xliability for forfeiture in the amount of fifteen thousand dollars ($15,000) for its apparent repeated  xyviolation of Section 73.670 of the Commission's Rules. The amount specified was reached after  xconsideration of the factors set forth in Section 503(b)(2) of the Communications Act, and, in  xkparticular, the following criteria: (1) the number of instances of commercial overages; (2) the  xlength and nature of each such overage; (3) the period of time over which such overages  xoccurred; (4) whether or not the licensee established an effective program to ensure compliance;  xand (5) the specific reasons that the licensee gives for the overages. These criteria are appropriate  x.in analyzing violations of the commercial limits during children's programming, since they take  X- xinto account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with  x?respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the  X- xNCommunications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773  X-(1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779 (1995).   xWABGTV exceeded the children's television commercial limitations on 59 occasions over  xa three year period. This is a high number of violations. Further, 40 of the commercial overages  xwere one minute or longer in duration. Overages of this number and duration mean that children  xhave been subjected to commercial matter greatly in excess of the limits contemplated by  x-Congress when it enacted the Children's Television Act of 1990. The fact that 52 of the overages  xMoccurred in 1992, the first year that the children's television commercial limits were in effect,  xdoes not excuse or mitigate the violations. When the Commission delayed the effective date of  xSection 73.670 of the Rules from October 1, 1991, until January 1, 1992, we stated that "giving  xLthe additional time to broadcasters and cable operators before compliance with the commercial  xlimits is required will have the effect of enabling broadcasters and cable operators to hone their  X#- xplans to ensure compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530  xn.10. In view of the violations listed and the explanations offered in your renewal application,  XQ%- xi.e., "caused by inattention and misunderstanding of applicable rules", it is clear that WABGTV  x0initially did not establish an effective program to monitor compliance with the children's  xtelevision commercial limitations. The Commission has consistently and repeatedly rejected  xZhuman error, inadvertence and/or misunderstanding of the rules as a basis for excusing violations" (,))qq&"  X- x/of the children's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHK X- xTV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC  X- xRcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959,  X- x\4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994);  X- x Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont,  X- xInc. (KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally, the fact that  xWABGTV 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  XH- x=which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV,  X1- 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 $15,000. Cf., JeffersonPilot Communications Company (WBTV(TV)), 12 FCC Rcd 2526  X - xN(1997) ($20,000 forfeiture for 79 commercial overages); Centennial Communications, Inc,  X -(WGNT(TV)), 12 FCC Rcd 1354 (1997)($14,000 forfeiture for 49 commercial overages).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules,  "E 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of Mississippi Broadcasting Partners, for renewal of license for Station WABGTV, Greenwood, MS (BRCT970203LD), is hereby GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure " (,))qq&"Ԍ "E ԙ  }:< #n6X@`7Fc&@#$// MISSISSIPPI BCSTNG PARTNERS, WABGTV (Greenwood, MS) DA 97 "E 1444 "E  //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?i< #x6X@`7>fX@#  ? <