WPCn 2?BJZECourier3|j#d6X@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX@ r5-#d6X@`7s@#23Xq Z<?xxx,fx6X@`7X@<r5ddd,sd6X@`7@MM N&o) 3`'^B(Z\ @^5q.$h';U7G; 7(@Xn-6F[w3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2} KeK7K2 "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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&<I,nG6X@`7@ I,-GNG `7 I,:QG6Nhez7H 4 I,IݤGhM7 ~9nnn,:6n6Nhez7&H 4 }:nnn,I4nhM7&SxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxZgIgIgIxSg9xS]?g9xSi+SS88Wuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu X   N X-w  Federal Communications Commission`)(# DA 971570 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 2July 23, 1997  Xv-`/(# Released: July 24, 1997 ă  XH- CERTIFIED MAIL RETURN RECEIPT REQUESTED LWWI Broadcasting, Inc. Licensee, WANETV P.O. Box 1515 Fort Wayne, IN 46801 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  X- 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  xLto which the licensee has complied with such commercial limits. Accordingly, the Commission  xadopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial  xmatter which may be aired during children's programming to 10.5 minutes per hour on weekends  X7- xand 12 minutes per hour on weekdays. Children's Television Programming, 6 FCC Rcd 2111,  X - x02118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became  X - xeffective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   xOn March 24, 1997, you filed an application for renewal of license (FCC Form 303S)  xfor Station WANETV, Fort Wayne, IN (File No. BRCT970324KF). In response to Section III,  xQuestion 4 of that application you indicate that during the previous license term WANETV  xfailed to comply with the limitations on commercial matter in children's programming specified  xin Section 73.670 of the Commission's Rules. In Exhibit 3 to that application you state that  xbetween October 24, 1992, and October 22, 1994, WANETV violated the children's television  xcommercial limits on 40 occasions. Of these commercial overages, 33 were less than 30 seconds  xin duration; five were 30 seconds in duration; one was 34 seconds in duration; and one was one  xminute and 34 seconds in duration. You explain that the overages occurred as a result of human error, and that the station established policies and procedures to prevent recurrence of such errors. "),**qqn("Ԍ   xWANETV's record of exceeding the children's television commercial limits on 40  xoccasions constitutes a repeated violation of Section 73.670 of the Commission's rules.  xAccordingly, pursuant to Section 503(b) of the Communications Act, LWWI Broadcasting, Inc.,  x=is hereby advised of its apparent liability for forfeiture in the amount of eight thousand dollars  x($8,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The  xamount specified was reached after consideration of the factors set forth in Section 503(b)(2) of  xthe Communications Act, and, in particular, the following criteria: (1) the number of instances  xof commercial overages; (2) the length and nature of each such overage; (3) the period of time  xover which such overages occurred; (4) whether or not the licensee established an effective  xprogram to ensure compliance; and (5) the specific reasons that the licensee gives for the  x[overages. These criteria are appropriate in analyzing violations of the commercial limits during  X - x>children's programming, since they take into account, inter alia, "the nature, circumstances,  xjextent, and gravity of the violation, and, with respect to the violator, the degree of culpability",  X - xas required under 503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc.  X - xk(KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC  X-Rcd 3779 (1995).   xWANETV violated the children's television commercial limits on 40 occasions. This is  xa high number of violations. Further, violations continued over an extended period of two years.  xyThe only explanation offered by the licensee for the overages is human error. The Commission  xyhas consistently rejected human error and/or inadvertence as a basis for excusing violations of  X- xthe children's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV),  X- x>10 FCC Rcd 10986, 10987 & Note 1 (1995); 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  xKWANETV may have implemented policies to prevent subsequent violations of the Commission's  xzchildren's television rules and policies does not relieve the licensee of liability for violations  XN- xwhich have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KEVN,  X7- xInc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715,  X - x 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994);  X - xWHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors  X- xwarrants a forfeiture in the abovespecified amount of $8,000. Cf., Danville Television  X- xPartnership (WDRG(TV)), 12 FCC Rcd 1351 (1997)($10,000 forfeiture for 49 overages, all of  X - xwhich were 30 seconds in duration); Quincy Jones Broadcasting, Inc. (WNOLTV), __ FCC Rcd  x___ (MMB NAL DA 971535, adopted July 21, 1997, released July 22, 1997)($8,000 forfeiture for 38 overages, of which 35 were 15 seconds in duration and 3 were 30 seconds in duration).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be "#',))qq%"  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xjTherefore, the license renewal application of LWWI Broadcasting, Inc., for Station WANETV, Fort Wayne, IN (File No. BRCT970324KF), IS HEREBY GRANTED.  X - x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: William H. Fitz, Esq. "N,))qq^"  I K #n6X@`7Fc&@#$// LWWI BCSTNG, INC., WANETV (Ft. Wayne, IN) DA 97#G6X@`7n@#????#n6X@`7Fc&@# //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:q <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?( < '"}  "}  0 Federal Communications Commission Washington, D.C. 20554  July 23, 1997  ?<``(# Released: July 24, 1997 ă  ?@< CERTIFIED MAIL RETURN RECEIPT REQUESTED LWWI Broadcasting, Inc. Licensee, WANETV P.O. Box 1515 Fort Wayne, IN 46801 Dear Licensee:   0<xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR  x<FORFEITURE in the amount of eight thousand dollars ($8,000)  x<pursuant to Section 503(b) of the Communications Act of 1934, as  x<amended, 47 U.S.C. 503(b), under authority delegated to the Chief  x<of the Mass Media Bureau by Section 0.283 of the Commission's  x<Rules, 47 C.F.R. 0.283, for repeated violations of the  xh<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,  ?< xx<104 Stat. 9961000, codified at 47 U.S.C. Sections 303a, 303b and  ?< xx<394, Congress directed the Commission to adopt rules, inter alia,  xx<limiting the amount of commercial matter that television stations  x<may air during children's programming, and to consider in its  x<review of television license renewals the extent to which the  x<licensee has complied with such commercial limits. Accordingly,  x<the Commission adopted Section 73.670 of the Rules, 47 C.F.R.  x<73.670, which limits the amount of commercial matter which may be  x<aired during children's programming to 10.5 minutes per hour on  ? < x<weekends and 12 minutes per hour on weekdays. Children's  ?< x<Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in  ?< x<part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became  ?x< xx<effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   0<xOn March 24, 1997, you filed an application for renewal of  x<license (FCC Form 303S) for Station WANETV, Fort Wayne, IN (File  xh<No. BRCT970324KF). In response to Section III, Question 4 of that  x<application you indicate that during the previous license term  x<WANETV failed to comply with the limitations on commercial matter  x <in children's programming specified in Section 73.670 of the  x<Commission's Rules. In Exhibit 3 to that application you state  x <that between October 24, 1992, and October 22, 1994, WANETV  x0<violated the children's television commercial limits on 40  ?'< x<occasions. Of these commercial overages, 33 were less than 30"',))qq/"  xx<seconds in duration; five were 30 seconds in duration; one was 34  x<seconds in duration; and one was one minute and 34 seconds in  x<duration. You explain that the overages occurred as a result of  x0<human error, and that the station established policies and procedures to prevent recurrence of such errors.   <xWANETV's record of exceeding the children's television  x<commercial limits on 40 occasions constitutes a repeated violation  xh<of Section 73.670 of the Commission's rules. Accordingly, pursuant  x<to Section 503(b) of the Communications Act, LWWI Broadcasting,  xh<Inc., is hereby advised of its apparent liability for forfeiture in  x<the amount of eight thousand dollars ($8,000) for its apparent  x<repeated violation of Section 73.670 of the Commission's Rules.  xh<The amount specified was reached after consideration of the factors  xx<set forth in Section 503(b)(2) of the Communications Act, and, in  x<particular, the following criteria: (1) the number of instances of  x<commercial overages; (2) the length and nature of each such  x<overage; (3) the period of time over which such overages occurred;  xh<(4) whether or not the licensee established an effective program to  xx<ensure compliance; and (5) the specific reasons that the licensee  x0<gives for the overages. These criteria are appropriate in  x<analyzing violations of the commercial limits during children's  ?< xh<programming, since they take into account, inter alia, "the nature,  x<circumstances, extent, and gravity of the violation, and, with  x<respect to the violator, the degree of culpability", as required  ?< xx<under 503(b)(2)(D) of the Communications Act. See Clear Channel  ?< x<Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar  ?<Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779 (1995).    <xWANETV violated the children's television commercial limits  x<on 40 occasions. This is a high number of violations. Further,  x<violations continued over an extended period of two years. The  x<only explanation offered by the licensee for the overages is human  xh<error. The Commission has consistently rejected human error and/or  xx<inadvertence as a basis for excusing violations of the children's  ?< x<television commercial limits. See, e.g., UTV of San Francisco,  ?< x<Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1 (1995); Le Sea  ?x< x <Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995);  ?@< x<Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959,  ? < x<4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9  ? < xx<FCC Rcd 1555 (1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC  ?!< x<Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd  ?`"< x<1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally, the fact that  x<WANETV may have implemented policies to prevent subsequent  x<violations of the Commission's children's television rules and  x<policies does not relieve the licensee of liability for violations  ?%< xx<which have occurred. International Broadcasting Corp., 19 FCC 2d  ?H&< xh<793, 794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media  ?'< x<Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain  ?'< xx<States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994);"',))qq/"  ?< x<WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration  x<of all of these factors warrants a forfeiture in the above ?< xx<specified amount of $8,000. Cf., Danville Television Partnership  ?X< x <(WDRG(TV)), 12 FCC Rcd 1351 (1997)($10,000 forfeiture for 49  ? < xx<overages, all of which were 30 seconds in duration); Quincy Jones  ?< xx<Broadcasting, Inc. (WNOLTV), __ FCC Rcd ___ (MMB NAL DA 971535,  x<adopted July 21, 1997, released July 22, 1997)($8,000 forfeiture  xh<for 38 overages, of which 35 were 15 seconds in duration and 3 were 30 seconds in duration).   <xYou are afforded a period of thirty (30) days from the date of  xx<this letter "to show, in writing, why a forfeiture penalty should  xh<not be imposed or should be reduced, or to pay the forfeiture. Any  xh<showing as to why the forfeiture should not be imposed or should be  x<reduced shall include a detailed factual statement and such  ? <documentation and affidavits as may be " ,))qq"  x<pertinent." Section 1.80(f)(3) of the Commission's Rules, 47  x<C.F.R. 1.80(f)(3). Other relevant provisions of Section  x0<1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   @<xNotwithstanding the substantial nature of the violations  x<described here and the severity with which we regard them, we find  x<you qualified to remain a Commission licensee and conclude that  x0<grant of your application would serve the public interest,  x0<convenience and necessity. Therefore, the license renewal  xx<application of LWWI Broadcasting, Inc., for Station WANETV, Fort Wayne, IN (File No. BRCT970324KF), IS HEREBY GRANTED.  ?( < x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: William H. Fitz, Esq.  ?<",))qq"  "} Ԟ'