WPC! 2BHW 3|P cpi)Times New Roman (TT)Courier 10pt (12cpi)Times New Roman (Bold) (TT)Times New Roman (TT)ScriptHPLAIISI.WRSx  @,,,:#-WX@22C ZS+X3|jHP LaserJet IIISiPostScriptHPLAIISI.WRSXj\  P6G;,,,:#-WXPTimes New Roman (TT)Courier 10pt (12cpi)dCourier Bold7PC2,CXP\  P6QXPp4ddd,5d6X@?BQ@y.C8*,/C\  P6QP<7UC2,+XU4  pQXd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 7d7Kh1  X-#d6X@`75@##X\  P6G;/P#X01Í ÍX01Í Í#Xj\  P6G;CXP#]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` 2K K Ka@"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddnddddddd^ & G^ & G u3]M2@:@z"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BE7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fExTxTxTxo7oE\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^ee*B`^-wSTTn[Cfx`xWkRx[\[ceIfIs`Wx[rriwhe*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTT"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddgranted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on  X"2January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   :On April 1, 1997, you filed applications for renewal of licenses (FCC Forms 303S) for  xStations WLMT(TV), Memphis, TN (BRCT970401LA), and WMTU(TV), Jackson, TN (BRCT X:&2 x970401LB).~:& X(2#Xj\  P6G;CXP#э WMTU(TV) operates as a satellite of WLMT(TV).~ In response to Section III, Question 4 of those applications you   state that during  xthe previous license term WLMT(TV) and WMTU(TV) failed to comply with the limits on"#'y,**qq0%"  xzcommercial matter in children's programming specified in Section 73.670 of the Commissions  x-Rules. In Exhibit 3 to those applications you indicate that between August 16, 1993, and October  x7, 1996, WLMT(TV) and WMTU(TV) violated the children's television commercial limit rules  xand policies on 14 occasions. Of these 14 violations, nine were 30 seconds in duration; one was  xone minute in duration; and four were programlength commercials. You explain that all of the  xviolations occurred as a result of "inadvertent human error"; and that after each violation was discovered the stations' management established policies and procedures to prevent recurrence.   xWLMT(TV) and WMTU(TV)'s record of exceeding the children's television commercial  xlimits on 14 occasions during the last license term constitutes a repeated violation of Section  x#73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the  xCommunications Act, Television Marketing Group of Memphis, Inc., is hereby advised of its  x[apparent liability for forfeiture in the amount of twelve thousand five hundred dollars ($12,500)  xfor its apparent repeated violation of Section 73.670 of the Commission's Rules. The amount  xspecified was reached after consideration of 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  XK- 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-as required under 503(b)(2)(D) of the Communications Act.yB X- x>ԍ#Xj\  P6G; XP# In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court  X- xzof Appeals for the District of Columbia set aside Policy Statement, Standards for Assessing  Xh- xForfeitures, 6 FCC Rcd 4695 (1991), recon. denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd  xk6215 (1993), stating that the guidelines for assessing forfeitures established therein must be  xsubject to public comment to comply with the Administrative Procedure Act. In accordance with  X#- x{the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  X - xzRulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering  X- xcomments from the public in that proceeding, the Commission adopted Forfeiture Guidelines  X- xReport and Order in CI Docket No. 956,   FCC Rcd  (FCC 97218, adopted June 19, 1997,  X- xreleased July 28, 1997)("Forfeiture Guidelines"). Forfeiture Guidelines, id., will become effective  xon October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance with Paragraph 49  X- xof Forfeiture Guidelines, supra, the Commission will continue to use the casebycase approach  xfor violations that occurred before the effective date of that Report and Order. Under this  xapproach, the Commission considers the criteria developed under Section 503 and applied by the  XT"- xCommission in previous cases. See, e.g., Clear Channel Television, Inc. (KTTU(TV)), 10 FCC  X=#- xMRcd 3773, 3774 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779, 3780  X&$-(1995).#x6X@`7>fX@#я   xWLMT(TV) and WMTU(TV) exceeded the children's television commercial limits on 14  xoccasions. This is a significant number of violations. In addition, 4 of the violations were  xprogramlength commercials. Overages of this number and nature mean that children have been" ,))qq"  x.subjected to commercial matter greatly in excess of the limits contemplated by Congress when  xit enacted the Children's Television Act of 1990. Congress was particularly concerned about  xxprogramlength commercials because young children often have difficulty distinguishing between  xcommercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). The only  x>explanation proferred for the violations is "inadvertent human error". The Commission has  xrepeatedly rejected human error and/or inadvertence as a basis for excusing violations of the  Xv- xkchildren's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10  X_- xzFCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977,  XH- x4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960  X1- x(1995); Gannett 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).   xFurther, the violations occurred from August 16, 1993, through October 8, 1996, an  xxextended period of three years and two months. When the Commission delayed the effective date  x0of Section 73.670 of the Rules from October 1, 1991, until January 1, 1992, we stated that  x/"giving the additional time to broadcasters and cable operators before compliance with the  xcommercial limits is required will have the effect of enabling broadcasters and cable operators  Xb- x=to hone their plans to ensure compliance...." Children's Television Programming, supra 6 FCC  xRcd at 5530 n.10. Although it appears that WLMT(TV) and WMTU(TV) made an effort to  xLcomply with the children's television commercial limit rules and policies, it is apparent that that  xjeffort was not sufficient in view of the violations reported in the stations' renewal applications.  xiThe fact that WLMT(TV) and WMTU(TV) 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- x2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077,  X- xz5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain  X- xStates Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P.,  x10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors warrants a forfeiture in the  Xe- x/abovespecified amount of $12,500. Cf., Fox Television Stations, Inc. (WTTG(TV)), 12 FCC  xORcd 1357 (1997)($10,000 forfeiture for eight overages, including three programlength  X7- xkcommercials); Chesapeake Television Licensee, Inc. (WBFF(TV)), __ FCC Rcd ____ (MMB  xNAL DA 97292, adopted February 7, 1997, released February 10, 1997) ($10,000 forfeiture for five overages, including four programlength commercials).   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 children's television commercial limit  xLviolations described here and the severity with which we regard them, we find you qualified to" (,))qq&"  x<remain a Commission licensee and conclude that grant of your application would serve the public  xinterest, convenience and necessity. Accordingly, the applications of Television Marketing Group  x{of Memphis, Inc., for renewal of licenses for Stations WLMT(TV), Memphis, TN (BRCT970401LA), and WMTU(TV), Jackson, TN (BRCT970401LB), are hereby GRANTED.  X- x` `  hh@Sincerely, x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure cc: William S. Barnard, Esq."b,))qq"  X- kwlmtuf2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwlmtuf2.rel  X - x $// TELVSN MRKTNG GP OF MEMPHIS, WLMT(TV)(Memphis, TN) & WMTU(TV) (Jackson, TN) DA 972109 //$ $/ 300.503(b) FORFEITURES (NAL) /$  Xb-$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?K< #x6X@`7>fX@#