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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:/>/>/>/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 }:nnn,-on `7&"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/x2X5@.@2"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!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBdddddd503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), under authority  xdelegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules,  xl47 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,  X72 xtcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X 2 xjrules, 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  xRminutes 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  xwhich commercials for that product are aired", and stated that the entire duration of any program xlength commercial would be counted as commercial matter for the purpose of the children's  X:&2 xFtelevision commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon.  X#'2 x>granted 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). "),**qq'"   "xOn April 1, 1997, you filed an application for renewal of license (FCC Form 303S) for  xkStation WDRBTV, Louisville, KY (BRCT970401KJ). In response to Section III, Question 4  xof that application you indicate that during the previous license term WDRBTV failed to comply  xzwith the limits on commercial matter in children's programming specified in Section 73.670 of  xKthe Commissions Rules. In Exhibit 2 to that application you state that during the previous license  x[term WDRBTV violated the   children's television commercial limits on 67 occasions. However,  xExhibit 2 specifies dates and times for 68 violations between September 26, 1992, and September  x/11, 1996. Of the 68 listed overages, eight were less than 30 seconds in duration; 28 were 30  xseconds or longer but less than one minute in duration; 12 were one minute or longer but less  x<than one minute and 30 seconds in duration; 11 were one minute and 30 seconds in duration; one  x>was two minutes and five seconds in duration; six were two minutes and fifteen seconds in  xZduration; and two were programlength commercials. The overages are attributed to inadvertence  xand/or human error. Finally, you state that the station has "instituted rigid controls" to prevent a recurrence of the violations.   QxWDRBTV's record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 68 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Independent Television Company is hereby advised of its apparent  xliability for forfeiture in the amount of seventeen thousand five hundred thousand dollars  X- x($ 17,500) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The  xzamount specified was reached after consideration of the following criteria: (1) the number of  xinstances of commercial overages; (2) the length and nature of each such overage; (3) the period  xof time over which such overages occurred; (4) whether or not the licensee established an  xjeffective program to ensure compliance; and (5) the specific reasons that the licensee gives for  xMthe overages. These criteria are appropriate in analyzing violations of the commercial limits  X- xxduring 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",  Xe-as required under 503(b)(2)(D) of the Communications Act.) eB yO- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for the  yO- xYDistrict of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.  yOn- xhdenied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating that the guidelines for assessing forfeitures  x=established therein must be subject to public comment to comply with the Administrative Procedure Act. In  yO- xMaccordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  yO - x;Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  yO!- xhpublic in that proceeding, the Commission adopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   yOV"- x  FCC Rcd  (FCC 97218, adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture  yO#- xJGuidelines, id., will become effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). Consistent with  yO#- xKParagraph 49 of Forfeiture Guidelines, supra, the Commission will continue to use the casebycase approach for  xviolations that occurred before the effective date of that Report and Order. Under this approach, the Commission  yOv%- xJconsiders the criteria developed under Section 503 and applied by the Commission in previous cases. See, e.g., Clear  yO>&- xhChannel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773, 3774 (1995); Northstar Television of Erie, Inc. (WSEE yO'-TV), 10 FCC Rcd 3779, 3780 (1995).#x6X@`7>fX@#) "N ,))qq|"Ԍ   mxWDRBTV exceeded the children's television commercial limitations on 68 occasions.  xThis is a very high number of violations. In addition, 30 of the overages were one minute or  x{longer in duration and two were programlength commercials. Congress was particularly  xkconcerned about programlength commercials because young children often have difficulty  xdistinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24  x(1989). Overages of this number, nature and magnitude mean that children have been subjected  x.to commercial matter greatly in excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990.   xFurther, the violations occurred over an extended period of almost four years. 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 - xjTelevision Programming, supra 6 FCC Rcd at 5530 n.10. In view of the violations listed and the  xexplanations offered in your renewal application, it is clear that WDRBTV initially did not  x.establish an effective program to monitor compliance with the children's television commercial  xlimitations, and failed to rectify this deficiency for almost four years. The Commission has  xconsistently rejected human error, inadvertence and/or misunderstanding of the rules as a basis  X4- xfor excusing violations of the children's television commercial limits. See, e.g., UTV of San  X- x Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp.  X- x(WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVB X- xTV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9  X- xFCC Rcd 1555 (1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994);  X- xChannel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079  x(1993). Finally, the fact that WDRBTV may have implemented policies and procedures to  xiprevent subsequent violations of the Commission's children's television rules does not relieve the  X|- xlicensee of liability for violations which have occurred. International Broadcasting Corp., 19 FCC  Xe- x2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077,  XN- xz5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain  X7- 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  X - xjabovespecified amount of $17,500. Cf., Christel Broadcasting, Inc. (WAWB(TV)), 12 FCC Rcd  x?1363 (1997)($15,000 forfeiture for 50 commercial overages, including two programlength commercial/hostselling violations).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter. " (,))qq&"Ԍ  {ԙxNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of Independent Television Company, for renewal of license for Station WDRBTV, Louisville, KY (BRCT970401KJ), is hereby GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure cc: Elizabeth A. McGeary, Esq. ",))qq"  X- kwdrbfr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwdrbfr2.rel  }: < #n6X@`7 Fc&@#$// INDEPENDENT TELEVISION CO, WDRBTV (Louisville, KY) DA 972158 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }: <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$# x6X@`7>fX@#  ? < #x6X@`7>fX@#  ?<