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@\ @^5q.$h';U7G;A 7Dk{)1>Rd{egalMonarch'3 "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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&@2\)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&PI - Header A - Header B - Footer A - Footer B - Footnote - Endnottyle Editor -  - Document Initial CodesText Box EditorCaption Editor - Default X   N X-w  Federal Communications Commission`)(# DA 971535 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 2July 21, 1997  X_-`/(# Released: July 22, 1997 ă  X - CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(#X Quincy Jones Broadcasting Inc. Licensee, WNOLTV 1661 Canal Street Suite 1200 New Orleans, LA 701122862 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xthe amount of eight thousand dollars ($8,000) pursuant to Section 503(b) of the Communications  xyAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass  xlMedia Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated  xviolations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming.   xIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  X|- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  Xe- x[rules, inter alia, limiting the amount of commercial matter that television stations may air during  xchildren's programming, and to consider in its review of television license renewals the extent  xto which the licensee has complied with such commercial limits. Pursuant to this statutory  xmandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits  x the amount of commercial matter which may be aired during children's programming to 10.5  xminutes per hour on weekends and 12 minutes per hour on weekdays. The Commission also  xreaffirmed and clarified its longstanding policy against "programlength commercials." The  xCommission defined a programlength commercial as "a program associated with a product, in  xjwhich commercials for that product are aired", and stated that the entire duration of a program x/length commercial would be counted as commercial matter for the purpose of the children's  X#- xtelevision commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon.  Xh$- x0granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on  XQ%-January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   xOn December 2, 1996, you filed an application for renewal of license (FCC Form 303S)  xkfor Station WNOLTV, New Orleans, LA (File No. BRCT970203LR). In response to Section  xIII, Question 4 of that application you indicate that during the previous license term WNOLTV failed to comply with the limitations on commercial matter in children's programming specified "),**qqn("Ԍ  xin Section 73.670 of the Commission's Rules. In Exhibit 4 to that application you state that  x control of Quincy Jones Broadcasting Inc., licensee of WNOLTV, was assumed by Qwest  xBroadcasting L.L.C. on December 14, 1995; and that, between September 9, 1992, and November  x13, 1995, prior to the assumption of control of the licensee by Qwest Broadcasting L.L.C.,  xWNOLTV violated the children's television commercial limit rules and policies on 26 occasions.  xOf these commercial overages, 17 were 30 seconds in duration; one was one minute in duration;  xand eight were programlength commercials. You further state that, subsequent to the assumption  xof control of the licensee by Qwest Broadcasting L.L.C., between February 24, 1996, and January  x26, 1997, WNOLTV violated the children's television commercial limit rules and policies on 38  xoccasions. Of these commercial overages, 35 were 15 seconds in duration, and three were 30  xseconds in duration. The three 30second overages are attributed to inadvertence and/or human  x/error. The 35 15second overages are attributed to "the station staff's misperception of the  xallowable number of commercial minutes in an isolated halfhour of children's programming."  x[Finally, you state that WNOLTV implemented policies and procedures to prevent subsequent violations of the children's television commercial limits.   !xOur records indicate that on December 12, 1995, the Commission granted an application  xfor transfer of control of Quincy Jones Broadcasting Inc., from Quincy Jones to Qwest  xBroadcasting L.L.C. (BTCCT941214KG); and that this transfer of control was consummated on  xDecember 14, 1995. Accordingly, we will not consider the violations which occurred prior to consummation of the transfer of control.   OxHowever, WNOLTV's record of exceeding the children's television commercial limits  xon 38 occasions after consummation of the transfer of control constitutes a repeated violation of  xSection 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the  xCommunications Act, Quincy Jones Broadcasting Inc., is hereby advised of its apparent liability  xfor forfeiture in the amount of eight thousand dollars ($8,000) for its apparent repeated violation  xof 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).   xWNOLTV violated the children's television commercial limits on 38 occasions. This is  xa high number of violations. Further, violations occurred regularly over a period of eleven  xMmonths, from shortly after consummation of the transfer of control of the licensee to Qwest Broadcasting L.L.C. until just eight days before WNOLTV's renewal application was filed. " (,))qq&"Ԍ   xIn addition, the only explanation offered by the licensee for the three 30second overages  xis inadvertence and human error. The only explanation offered by the licensee for the 35 15 xsecond overages is that, (i) because the station divided the commercial load for onehour blocks  x>of children's weekend programs into five minutes for one halfhour and five minutes and 30  x\seconds for the other halfhour, the station's staff "assumed" that the commercial limit for a  xweekend halfhour children's program that shared a clock hour with adult programming was five  xminutes and 30 seconds; and (ii) because the station's entire staff "uniformly misperceived" the  x?Commission's policy of proration of the commercial limits to isolated halfhour blocks of  xchildren's programming, this "mistake...recurred again and again." However, in establishing the  x=children's television commercial limits, the Commission clearly explained its policy of proration  X - xof the commercial limits to isolated halfhours of children's programming. In Children's  X - xTelevision Programming, 6 FCC Rcd at 2112, the Commission specifically stated that, "where  xla halfhour 'island' of children's programming airs in the midst of adult viewing, the limits  xlshould apply on a proportionate basis." This policy was affirmed upon reconsideration.  X - x[Children's Television Programming, 6 FCC Rcd at 5095 n.32. The Commission has consistently  xrejected misunderstanding of the children's television commercial limit rules and policies, human  xerror and/or inadvertence as a basis for excusing violations of the children's television  Xb- xcommercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986,  XK- x10987 & Note 1 (1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978  X4- x(1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995);  X- xGannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar  X- x]Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc.  X-(KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993).   xFinally, the fact that WNOLTV may have implemented policies to prevent subsequent  xviolations of the Commission's children's television rules and policies does not relieve the  X- xlicensee of liability for violations which have occurred. International Broadcasting Corp., 19 FCC  X|- x^2d 793, 794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation  Xe- x(WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV),  XN- xP9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).  xConsideration of all of these factors warrants a forfeiture in the abovespecified amount of  X - x$8,000. Cf., Danville Television Partnership (WDRG(TV)), 12 FCC Rcd 1351 (1997)($10,000 forfeiture for 49 overages, all of which were 30 seconds in duration.)   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude" (,))qq&"  xthat grant of your application would serve the public interest, convenience and necessity.  x-Therefore, the license renewal application of Quincy Jones Broadcasting Inc., for Station WNOLTV, New Orleans, LA (File No. BRCT970203LR), IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Barbara K. Gardener, Esq. ",))qq"  X- kwnolfr2.r "Q3 el "Q3  #x6X@`7>fX@# #n6X@`7Fc&@#  ?<#x6X@`7>fX@# MSolberg/dsb/vsd/MMB n:\msolberg\kwnolfr2.r "Q7 el "Q7   }:< #n6X@`7Fc&@#$// QUINCY JONES BCSTNG INC., WNOLTV (New Orleans, LA) DA 971535 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:7 <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ? < #x6X@`7>fX@# #x6X@`7>fX@#  ?<#x6X@`7>fX@#   #x6X@`7>fX@#