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@ "" %-12345X 020XON*p1104XCHILDREN(8U'(10US*p1412XPROGRAMS*p1664X/$(10U(s12vs3b4099T(10U(sp10h12vsb4099T*p3141Y:LPT2"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 XFK7w7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.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&@7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7& 2 X   N X-w  Federal Communications Commission`)(# DA 971446 ă  yxdddy Federal Communications Commission +Washington, D.C. 20554 JJuly 10, 1997  Xv-`/(# Released: July 14, 1997 ă  XH-   X1-CERTIFIED MAIL RETURN RECEIPT REQUESTED Huntsville Television Acquisition Corp. Licensee, WZDX(TV) 915 Middle River Drive Suite 409 Fort Lauderdale, FL 33304 Dear Licensee:  This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in   the amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications   yAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass   lMedia 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. 101437, 104 Stat. 9961000,  X-  codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X|-  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. Pursuant to this   statutory mandate, 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   programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. The   Commission also reaffirmed and clarified its longstanding policy that the entire duration of a   program associated with a product, in which commercials for that product are aired (a "program  length commercial"), would be counted as commercial matter for the purpose of the children's  X!-  television commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon.  X"-  0granted 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).  On November 27, 1996, you filed an application for renewal of license (FCC Form 303S)   for station WZDX(TV), Huntsville, AL (File No. BRCT961127KQ). In response to Section III,   Question 4 of that application you state that during the previous license term WZDX(TV) failed   to comply with the limitations on commercial matter in children's programming specified in   \Section 73.670 of the Commissions Rules. In Exhibit III to that application you indicate that   LWZDX(TV) violated the children's television   commercial limits on 7 occasions between March"),**qqn("   18, 1992 and November 18, 1995. Of the seven violations, one was three seconds in duration,   one was 20 seconds in duration; one was 30 seconds in duration; and four were programlength   commercials. You explain that one of the programlength commercials "involved a direct feed   from the Fox Network"; and that the other three programlength commercial violations occurred   as a result of "a failure by station personnel to properly screen the commercials." The remaining   overages are attributed to human error, accident and/or inadvertence. Finally, you indicate that   iafter each violation station personnel were instructed and/or procedures were modified to prevent recurrence.  WZDX(TV)'s record during the last license term of exceeding the Commission's   icommercial limits on children's television programming on seven occasions constitutes a repeated   jviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)   of the Communications Act, Huntsville Television Acquisition Corp. is hereby advised of its   apparent liability for forfeiture in the amount of ten thousand dollars ($10,000) 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,  X-  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  X-  503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10  X-FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779 (1995).  ?Although three of the overages at WZDX(TV) were 30 seconds or less in duration, four   of the violations were programlength commercials. Congress was particularly concerned about   xprogramlength commercials because young children often have difficulty distinguishing between   =commercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). Overages of this   nature and magnitude 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  X -  1990. Children's Television Programming, supra 6 FCC Rcd at 211718. Further, the assertion   that one of the programlength commercials occurred in a program supplied by the Fox Network   does not absolve WZDX(TV) of responsibility for the violation. The Commission has   -consistently held that a licensee's reliance on a program's source or producer for compliance with   the children's television rules and policies will not mitigate or excuse violations which do occur.  X!-  mSee, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt.  X"-  =Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting  X#-  Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995). The only other reasons for the   yoverages proffered by WZDX(TV), inadvertence and/or human error, do not mitigate or excuse  XQ%-  such violations. Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Act III  X:&-  {Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Buffalo Management  X#'-  nEnterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Le Sea Broadcasting Corp.  X (-(WHKE(TV)), 10 FCC Rcd 4977 (1995)." (,))qq&"Ԍ ԙFinally, when the Commission delayed the effective date of Section 73.670 of the Rules   until January 1, 1992, we stated that "giving the additional time to broadcasters and cable   Noperators before compliance with the commercial limits is required will have the effect of   Nenabling broadcasters and cable operators to hone their plans to ensure compliance...."  X-  Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. Although WZDX(TV)   mappears to have made an effort to comply with the Commission's children's television   commercial limits, that effort apparently was not sufficient in light of the assertion in the instant   >renewal application that three of the programlength commercial violations reported therein   ioccurred because of "a failure by station personnel to properly screen the commercials." The fact   {that WZDX(TV) may have implemented policies to prevent subsequent violations of the   Commission's children's television rules and policies does not relieve the licensee of liability for  X -  violations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  X -  KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  X -  Media Corp. (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc.  X -  0(KMSBTV), 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 abovespecified amount  X-  {of $10,000. Cf., WPIX, Inc., 10 FCC Rcd 8911 (1995) ($10,000 forfeiture for nine overages,  Xy-  including five programlength commercials); Fox Television Stations, Inc. (WTTG(TV)), 12 FCC   ORcd 1357 (1997)($10,000 forfeiture for eight overages, including three programlength  XK-  kcommercials); Chesapeake Television Licensee, Inc. (WBFF(TV)), __ FCC Rcd ____ (MMB   NAL DA 97292, adopted February 7, 1997, released February 10, 1997) ($10,000 forfeiture for five overages, including four programlength commercials).  You are afforded a period of thirty (30) days from the date of this letter "to show, in   kwriting, 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   Lprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau Enclosures cc: Kenneth E. Satten, Esq. "#',))qq%"  X-  ~9-#n6X@`7Fc&@#  }:r<  H!< $// HUNTSVILLE TV ACQUISITION CORP, WZDX(TV)(Huntsville, AL) DA 97 "E 1446 "E  //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:N<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$ #x6X@`7>fX@#