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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).   On March 28, 1997, you filed an application for renewal of license (FCC Form 303S)  xfor Station WXIXTV, Newport, KY (File No. BRCT970328LF). In response to Section III,  xQuestion 4 of that application you indicate that during the previous license term WXIXTV failed  x to comply with the limitations on commercial matter in children's programming specified in Section 73.670 of the Commission's Rules. In Exhibit 3 to that application you   indicate that "(,**qq&"  xMbetween May 12, 1992, and November 13, 1996, WXIXTV violated the children's television  xcommercial limit rules and policies on 16 occasions. Of these 16 commercial overages, two were  x30 seconds in duration, and 14 were programlength commercials. The two 30second overages  x>are attributed to human error by station personnel. The 14 programlength commercials are  xlattributed to (i) human error by station personnel and/or (ii) inclusion of programrelated  xcommercial matter in programs supplied to the station by program distributors and/or the Fox  xTelevision Network. You state that after each violation the station took steps to prevent recurrence.   xWXIXTV's record of exceeding the children's television commercial limits on 16  x.occasions during the last license term constitutes a repeated violation of Section 73.670 of the  xCommission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act,  xMalrite Communications Group, Inc., is hereby advised of its apparent liability for forfeiture in  xthe amount of fifteen thousand dollars ($15,000) for its apparent repeated violation of Section  x73.670 of the Commission's Rules. The amount specified was reached after consideration of the  xfollowing criteria: (1) the number of instances of commercial overages; (2) the length and nature  xof each such overage; (3) the period of time over which such overages occurred; (4) whether or  x\not the licensee established an effective program to ensure compliance; and (5) the specific  xkreasons that the licensee gives for the overages. These criteria are appropriate in analyzing  xviolations of the commercial limits during children's programming, since they take into account,  X4- xinter alia, "the nature, circumstances, extent, and gravity of the violation, and, with respect to the  X-violator, the degree of culpability", as required under 503(b)(2)(D) of the Communications Act.C B S- x{ԍ#&a\  P6G; &P# In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of  Sn- xAppeals for the District of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6  SF- x.FCC Rcd 4695 (1991), recon. denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating  x that the guidelines for assessing forfeitures established therein must be subject to public comment to  xcomply with the Administrative Procedure Act. In accordance with the court's decision, the Commission  S- xreleased Forfeiture Guidelines Notice of Proposed Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945  x(1995). After receiving and considering comments from the public in that proceeding, the Commission  S~- xadopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   FCC Rcd  (FCC 97218,  SV- x=adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture Guidelines, id., will  xbecome effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance with  S- xParagraph 49 of Forfeiture Guidelines, supra, the Commission will continue to use the casebycase  xapproach for violations that occurred before the effective date of that Report and Order. Under this  x?approach, the Commission considers the criteria developed under Section 503 and applied by the  S - xCommission in previous cases. See, e.g., Clear Channel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773,  Sf!-3774 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779, 3780 (1995).# x6X@`7>fX@#C   xWXIXTV violated the children's television commercial limits on 16 occasions. This is  x1a significant number of violations. Further, 14 of the violations were programlength  xcommercials. Overages of this number and nature mean that children have been subjected to  xcommercial matter greatly in excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990. Congress was particularly concerned about programlength "8,))qq"  xycommercials because young children often have difficulty distinguishing between commercials  xand programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). The fact that some of the  xprogramlength commercial violations may have occurred in programming supplied to the station  xby program distributors or the Fox Television Network does not absolve WXIXTV of  xresponsibility for the violations. The Commission has consistently held that a licensee's reliance  x-on a program's source or producer for compliance with our children's television rules and policies  Xv- xwill not excuse or mitigate violations which do occur. See, e.g., Max Television of Syracuse,  X_- xL.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10  XH- xFCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995).   |xIn addition, the violations occurred from March 12, 1992, through November 13, 1996,  xan extended period of four years and eight months. When the Commission delayed the effective  xdate of 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  X- x=to hone their plans to ensure compliance...." Children's Television Programming, supra 6 FCC  x?Rcd at 5530 n.10. Although it appears that WXIXTV made an effort to comply with the  xchildren's television commercial limit rules and policies, it is apparent that that effort was not  x|sufficient in view of the violations reported in the stations' renewal applications. The  xCommission has repeatedly rejected human error and/or inadvertence as a basis for excusing  X- xviolations of the children's television commercial limits. See, e.g., UTV of San Francisco, Inc.  X- 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 WXIXTV may have implemented policies to prevent subsequent violations of the  xCommission's children's television rules and policies does not relieve the licensee of liability for  Xe- xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  XN- xKBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  X7- xMedia Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting,  X - xInc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979,  x4980 (1995). Consideration of all of these factors warrants a forfeiture in the abovespecified  X- x^amount of $15,000. Cf., Fox Television Stations, Inc. (WNYW(TV)), 10 FCC Rcd 4961 (1995)($15,000 forfeiture assessed for 14 programlength commercials).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter. " (,))qq&"Ԍ  {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xTherefore, the license renewal application of Malrite Communications Group, Inc., for Station  X-WXIXTV, Newport, KY (File No. BRCT970328LF), IS HEREBY GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau N#J   N#J  Enclosures cc: Allan G. Moskowitz, Esq.",))qq"  X- kwxixfr2.rel  X- N#J*   X-  X-  }:1< #n6X@`7 Fc&@#$// MALRITE COMMS GP, INC., WXIXTV (Newport, KY) DA 972193 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:V <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$# x6X@`7>fX@#  ? < #x6X@`7>fX@#  ? <#x6X@`7>fX@#  ?e <#x6X@`7>fX@#