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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:8HH"&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""/>/>/>/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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNfx6X@`7X@?xxx,-x `7XW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,P<~9nnn,Fcn6X@`7&@ }:nnn,-on `7&y.\80, [\4  pG;.x6X@`7X@ ENUMDFO?@d0?q218.83"Sh5^;C]ddCCCdCCCCddddddddddCCȲY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYddddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdddddddd~d~d~d~ddddddddd8ddddoddd~d~d<|8tddddddlLkdkd~d~d~ddddddXCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"Ȑdhd岲dCCȐzȲxCddodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCŐz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC"Sh5^18MSS888S8888SSSSSSSSSS88Jxir{icx{8Aui{x`xoYi{xxxl888SS8JSJSJ8SS..S.SSSS>A.SSxSSJJSJSSSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxSxSxSrSrSrS{SiSiSiSiSxSxSxSxSxS{S{SS.SSSSz]SSuSiSiSk2g/a{S{SxSxSxoSoSZ?YSYSiSiSiS{S{S{S{SxxSkI8SS888WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxSSS8JDDSSSSSS;SSSS;88VVS++SSffSSxSc]]8VS;"xxSxWxxS唔S88xfxxxxxxxxxxx8SxS]SxoS8SxJS`xlxxxxxxxxxxMxxxxxxofxGcxxxxxxxSxxxxxxxJxxxxJxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8xxx8xxx8xxx8xxxxxxxxxxxxxxfi]f]oJiAlJ{SxJ8.uJo]]{JoSxJxf`SfSSiJxJofx]fffxi{8SxxxfJffff88SSSSx{SSSxxxf8`SJ82c8="Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC X   x Y2 Q Federal Communications Commission`*(#DA 972277 ă  yxdddy hFederal Communications Commission Washington, D.C. 20554 October 28, 1997  Yv2`(# Released: October 29, 1997 ă  X22 CERTIFIED MAIL RETURN RECEIPT REQUESTED TV 17 Unlimited, Inc. Licensee, WXMI(TV) 3117 Plaza Drive NE Grand Rapids, MI 49505 Dear Licensee:   |This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  x~the amount of thirteen thousand five hundred dollars ($13,500) pursuant to Section 503(b) of the  xCommunications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the  x&Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R.  x 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,  Y2 xtcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  Y}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,  xin which commercials for that product are aired", and stated that the entire duration of any  xprogramlength commercial would be counted as commercial matter for the purpose of the  Y"2 xjchildren's television commercial limits. Children's Television Programming, 6 FCC Rcd 2111,  Y#2 xz2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became  Yi$2 xeffective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   DOn May 30, 1997, you filed an application for renewal of license (FCC Form 303S) for  xStation WXMI(TV), Grand Rapids, MI (File No. BRCT970530KY). In response to Section  x`III, Question 4 of that application you indicate that during the previous license term WXMI(TV)"(,**rr&" failed to comply with the limitations on commercial matter in children's programming specified "(,**qq'"  xin Section 73.670 of the Commission's Rules. In Exhibit B to that application you   indicate that  xbetween October 12, 1992, and March 30, 1997, WXMI(TV) violated the children's television  xkcommercial limit rules and policies on 18 occasions. Of these 18 commercial overages, three  xwere less than 30 seconds in duration; eight were 30 seconds in duration, and seven were  x=programlength commercials. One of the programlength commercial violations is attributed to  xthe inclusion of programrelated commercial matter in a program supplied to the station by the  x\Fox Television Network. The remainder of the violations are attributed to inadvertence and  xhuman error and/or the failure of station employees to follow established procedures. You state that after each violation the station took steps to prevent recurrence.   AxWXMI(TV)'s record of exceeding the children's television commercial limits on 18  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, TV  x17 Unlimited, Inc., is hereby advised of its apparent liability for forfeiture in the amount of  xthirteen thousand five hundred dollars ($13,500) 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,  X- 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., B yO-  ԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for the  yOG-  YDistrict of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.  yO-  hdenied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating that the guidelines for assessing forfeitures   =established therein must be subject to public comment to comply with the Administrative Procedure Act. In  yO-  Maccordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  yOg-  ;Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  yO/-  hpublic in that proceeding, the Commission adopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   yO-    FCC Rcd  (FCC 97218, adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture  yO-  Guidelines, id., will become effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance  yO-  with Paragraph 49 of Forfeiture Guidelines, supra, the Commission will continue to use the casebycase approach   for violations that occurred before the effective date of that Report and Order. Under this approach, the Commission  yO-  Jconsiders the criteria developed under Section 503 and applied by the Commission in previous cases. See, e.g., Clear  yO-  hChannel 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@#,   |xWXMI(TV) violated the children's television commercial limits on 18 occasions. This  xis a significant number of violations. Further, seven 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  x[Children's Television Act of 1990. Congress was particularly concerned about programlength commercials because young children often have difficulty distinguishing between commercials "e ,))qq"  xland programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). The fact that one of the  xprogramlength commercial violations may have occurred in programming supplied to the station  xby the Fox Television Network does not absolve WXMI(TV) of responsibility for that 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).   xIn addition, the violations occurred from October 12, 1992, through March 30, 1997, an  x-extended period of four years and five 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  X - x=to hone their plans to ensure compliance...." Children's Television Programming, supra 6 FCC  xRcd at 5530 n.10. Although it appears that WXMI(TV) 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  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 WXMI(TV) 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  X- xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  X|- xKBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R  Xe- xMedia Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting,  XN- 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 - xamount of $13,500. Cf., Act III Broadcasting License Corporation (WUHF(TV)), 10 FCC Rcd  x8799 (1995)($15,000 forfeiture for 37 overages, including six programlength commercials);  X- x!Paramount Stations Group of Kerrville, Inc. (KRRT(TV)), 8 FCC Rcd 7064 (1993)($15,000 forfeiture for 28 overages, including eight programlength commercials).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter. " (,))qq&"Ԍ  {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xTherefore, the license renewal application of TV 17 Unlimited, Inc., for Station WXMI(TV),  X-Grand Rapids, MI (File No. BRCT970530KY), IS HEREBY GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Rosemary C. Harold, Esq.",))qq7"  X- kwxmifr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwxmifr2.rel  }: < #n6X@`7Fc&@#$// TV 17 UNLIMITED, INC., WXMI(TV) (Grand Rapids, MI) DA 972277 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }: <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?< #x6X@`7>fX@# #x6X@`7>fX@#  ? <#x6X@`7>fX@#