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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&?BJZE'3'324``|2X5@.@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!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddthe 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).   0On April 1, 1997, you filed an application for renewal of license (FCC Form 303S) for  xStation WXIN(TV), Indianapolis, IN (File No. BRCT970401LS). In response to Section III,  x*Question 4 of that application you indicate that during the previous license term WXIN(TV)  xVfailed to comply with the limitations on commercial matter in children's programming specified in Section 73.670 of the Commission's Rules. In Exhibit 5 to that application you indicate that "(,**qq&"  xkbetween July 13, 1992, and September 14, 1996, WXIN(TV) violated the children's television  xjcommercial limit rules and policies on 17 occasions. Of these commercial overages, one was 40  xseconds in duration; one was one minute in duration; and fifteen were programlength  xcommercials. The 40second overage and the oneminute overage are attributed to human error.  xThe programlength commercials are attributed to (i) the failure of program distributors or  x^syndicators to notify the station that the programs in question contained commercial  x!advertisements for programrelated products; and (ii) human error on the part of station  xLemployees who reviewed the commercials, but failed to notify WXIN(TV)'s Traffic Department  xthat the commercials were for programrelated products. Finally, you state that "[a]s the station  x-encountered various human errors" it adopted policies and procedures to insure compliance with the childrens' television commercial limits.   `xWXIN(TV)'s record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 17 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Renaissance Communications Corporation is hereby advised of its  xNapparent liability for forfeiture in the amount of sixteen thousand dollars ($16,000) for its  xapparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified  xwas reached after consideration of the following criteria: (1) the number of instances of  xcommercial overages; (2) the length and nature of each such overage; (3) the period of time over  xwhich such overages occurred; (4) whether or not the licensee established an effective program  xxto ensure compliance; and (5) the specific reasons that the licensee gives for the overages. These  xcriteria are appropriate in analyzing violations of the commercial limits during children's  X- xprogramming, since they take into account, inter alia, "the nature, circumstances, extent, and  xygravity of the violation, and, with respect to the violator, the degree of culpability", as required  X-under 503(b)(2)(D) of the Communications Act., B 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.  yO- 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  yOZ- 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,   yO- x  FCC Rcd  (FCC 97218, adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture  yOz- xGuidelines, id., will become effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance  yOB - xwith Paragraph 49 of 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 approach, the Commission  yO!- 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 yOb#-TV), 10 FCC Rcd 3779, 3780 (1995).#x6X@`7>fX@#,   xWXIN(TV) violated the children's television commercial limits on 17 occasions. This is  x1a significant number of violations. Further, 15 of the violations were programlength  xcommercials. Congress was particularly concerned about programlength commercials because  xyoung children often have difficulty distinguishing between commercials and programs. S. Rep."N ,))qq|"  xyNo. 227, 101st Cong., 1st Sess. 24 (1989). Overages of this frequency and magnitude mean that  x=children have been subjected to commercial matter greatly in excess of the limits contemplated  X- xby Congress when it enacted the Children's Television Act of 1990. Children's Television  X- xProgramming, supra 6 FCC Rcd at 211718. You assert that the programlength commercial  xviolations occurred because of the failure of program distributors and/or syndicators to indicate  xNthat commercial matter in a children's program was related to the program. However, the  x.Commission has consistently held that a licensee's reliance on a program's source or producer  x{for compliance with the children's television rules and policies will not excuse or mitigate  XH- xzviolations which do occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC  X1- x.Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston  X - xCeltics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995). Further, you  xalso state that most of the programlength commercials (and both of the conventional overages)  xwere caused by human error on the part of station employees. The Commission has consistently  x0rejected human error, inadvertence and/or misunderstanding of the children's television  xjcommercial limit rules and policies as a basis for excusing violations of the children's television  X - xcommercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986,  X- x10987 & Note 1 (1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978  Xy- x(1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995);  Xb- xGannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar  XK- x]Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc.  X4-(KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993).   ?xFinally, violations occurred from July 13, 1992, through September 14, 1996, an extended  xperiod of four years and two months. When the Commission delayed the effective date of  xSection 73.670 of the Rules until January 1, 1992, we stated that "giving the additional time to  xbroadcasters and cable operators before compliance with the commercial limits is required will  xhave the effect of enabling broadcasters and cable operators to hone their plans to ensure  X- x compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. In view  xof the violations listed and the explanations offered in your renewal application, it is clear that  xWXIN(TV) initially did not establish an effective program to monitor compliance with the  xchildren's television commercial limitations. The fact that WXIN(TV) may have implemented  xpolicies and procedures to prevent subsequent violations of the children's television commercial  X - xylimits does not relieve the licensee of liability for violations which have occurred. International  X - xBroadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988;  X- xKEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd  X- x1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546  X - x(1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these  X!- xfactors warrants a forfeiture in the abovespecified amount of $16,000. Cf., Fox Television  X"- xStations, Inc. (WNYW(TV)), 10 FCC Rcd 4961 (1995)($15,000 forfeiture assessed for 14 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 forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced "#',))qq%"  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  xthat grant of your application would serve the public interest, convenience and necessity.  xkTherefore, the license renewal application of Renaissance Communications Corporation, for Station WXIN(TV), Indianapolis, IN (File No. BRCT970401LS), IS HEREBY GRANTED.  X - x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Thomas P. Van Wazer, Esq. ",))qq"  X- kwxinfr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwxinfr2.rel  X - $// RENAISSANCE COMMS. CORP., WXIN(TV)(Indianapolis, IN) DA 972159 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  X-