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@)1>Rd{WP}WP{.BLK҅ P?kAOKCancel&Yes "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 XFK7w(7jC:, 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;P,7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@?xxx,-x `7X<~9nnn,Fcn6X@`7&@}:nnn,-on `7&K^]MEU^&w&7v v FRPFRP'VFF Ft^FV&G&MEU^&& Gt#^&w&7v v FRPFRP'3]MEUFFv2 X   N X-w  Federal Communications Commission`)(# DA 971702 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 u,August 8, 1997  XH-`;(# Released: August 11, 1997 ă  X1-   X -CERTIFIED MAIL RETURN RECEIPT REQUESTED Max Television of TriCities L.P. Licensee, WEMT(TV) P.O. Box 3489 CRS Johnson City, TN 37604 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xthe amount of ten thousand dollars ($10,000) 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,  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. Therefore, 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 programming to 10 minutes and 30  xseconds per hour on weekends and 12 minutes per hour on weekdays. The Commission also  xreaffirmed and clarified its longstanding policy that the entire duration of a program associated  xwith a product, in which commercials for that product are aired (a "programlength commercial")  x=would be counted as commercial matter for the purpose of the children's television commercial  X#- xlimits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6  xFCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992.  XQ%-Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   "xOn April 1, 1997, you filed an application for renewal of license (FCC Form 303S) for  xStation WEMT(TV), Greeneville, TN (BRCT970401KL). In response to Section III, Question 4 of that application you state that during the previous license term WEMT(TV) failed to comply "(,**qq'"  xzwith the limits on commercial matter in children's programming specified in Section 73.670 of  xthe Commissions Rules. In Exhibit 4 to that application you indicate that between March 19,  x\1994, and January 28, 1995, WEMT(TV) exceeded the children's television commercial limits  xLon 30 occasions. Of these overages, one was 10 seconds in duration; nine were 30 seconds in  xduration; two were one minute in duration; one was one minute and ten seconds in duration; three  xLwere one minute and 30 seconds in duration; four were two minutes in duration; four were two  xKminutes and 30 seconds in duration; two were three minutes in duration; three were three minutes  x/and 30 seconds in duration; and one was a programlength commercial. With regard to the  xprogramlength commercial, you state that on March 19, 1994, WEMT(TV) aired a program  x supplied by the Fox Television Network entitled "Tazmania"; that the program contained a  x[commercial announcement for a breakfast cereal which featured the program's character "Taz";  xand that both WEMT(TV) and the Fox Television Network had instituted procedures to prevent  xa recurrence of this type of violation. You further state that all of the conventional overages  x"were the direct result of a single mistake" made by a station employee who filled the breaks  xbetween children's programs with commercial matter rather than "station identification and  xpromotion of other programming"; and that when these overages were discovered the station implemented policies and procedures to prevent further violations.   xWEMT(TV)'s record of exceeding the Commission's commercial limits on children's  x/television programming on 30 occasions during the last license term constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xLof the Communications Act, Max Television of TriCities L.P. is hereby advised of its apparent  xliability for forfeiture in the amount of ten thousand dollars ($10,000) 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  X7- 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).   xWEMT(TV) exceeded the children's television commercial limits on 30 occasions. This  xis a significant number of violations. In addition, 19 of the overages were greater than one  xminute in duration, and 13 of those were greater than two minutes in duration. Another of the  xviolations was a programlength commercial. Overages of this number, nature and magnitude  xmean that children have been subjected to commercial matter greatly in excess of the limits  xcontemplated by Congress when it enacted the Children's Television Act of 1990. Congress was  xparticularly concerned about programlength commercials because young children often have difficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st "#',))qq%"  xSess. 24 (1989). The fact that the programlength commercial occurred in programming supplied  xby the Fox Television Network does not absolve WEMT(TV) of responsibility for the violation.  xThe Commission has consistently held that a licensee's reliance on a program's source or  xproducer for compliance with our children's television rules and policies will not excuse or  X- xmitigate violations which do occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)),  Xv- x10 FCC Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797  X_-(1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995).   2xFurther, the violations occurred regularly over a period of ten months. When the  xCommission delayed the effective date of Section 73.670 of the Rules from October 1, 1991, until  xLJanuary 1, 1992, we stated that "giving the additional time to broadcasters and cable operators  xbefore compliance with the commercial limits is required will have the effect of enabling  X - xbroadcasters and cable operators to hone their plans to ensure compliance...." Children's  X - xTelevision Programming, supra 6 FCC Rcd at 5530 n.10. Although WEMT(TV) appears to have  x\made some effort to comply with the Commission's children's television commercial limits, it  xiis apparent that the station's effort was not sufficient to ensure compliance in view of the fact that  xthe 29 conventional overages began in April, 1994, and were not detected until January, 1995.  x-The Commission has repeatedly rejected human error and/or inadvertence as a basis for excusing  XK- xviolations of the children's television commercial limits. See, e.g., UTV of San Francisco, Inc.  X4- x(KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)),  X- x10 FCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC  X- x=Rcd 4959, 4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555  X- x(1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of  X- x/Beaumont, Inc. (KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Finally,  xthe fact that WEMT(TV) (and/or the Fox Television Network) may have implemented policies  xto prevent subsequent violations of the Commission's children's television rules and policies does  X- xKnot relieve the licensee of liability for violations which have occurred. International Broadcasting  X|- x>Corp., 19 FCC 2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC  Xe- x\Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994);  XN- x"Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP  X7- xTelevision, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors warrants  X - xa forfeiture in the abovespecified amount of $10,000. Cf., PostNewsweek Stations, Florida, Inc.  X - x!(WJXT(TV)), 12 FCC Rcd 4178 (1997) ($10,000 forfeiture for 30 violations, including one programlength commercial).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter. " (,))qq&"   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of Max Television of TriCities L.P., for renewal of license for Station WEMT(TV), Greeneville, TN (BRCT970401KL), is hereby GRANTED.  Xv- x` `  hh@Sincerely, x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau cc: William M. Barnard, Esq.",))qqu"  X- kwemtfr2.sec  }: < #n6X@`7Fc&@#$// MAX TLVSN OF TRICITIES LP, WEMT(TV) (Greeneville, TN) DA 971702 #X/  //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:? <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ? < #x6X@`7>fX@#