WPC 2?BJZECourier3|j#d6X@`7s@#HP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSx  @\=ρX@ r5-#d6X@`7s@#23Xq Z<?xxx,Bx6X@`7X@<r5ddd,sd6X@`7@\ @^5q.$h';U7G;A 7ier<?xxx,Bx6X@`7X@3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2l :eKK75Times New RomanCourierTimes New Roman BoldCourier Bold"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` "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""fx6X@`7X@?xxx,-x `7XW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,P<~9nnn,Fcn6X@`7&@ }:nnn,-on `7&y.\80, [\4  pG;8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,X,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H X   N X-w  Federal Communications Commission`)(#5DA 972315 ă  yxdddy Federal Communications Commission +Washington, D.C. 20554 =November 3, 1997  X-`(# Released: November 4, 1997 ă  X_- CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(# WTTE, Channel 28 Licensee, Inc. Licensee, WTTE(TV) 2000 West 41st Street Baltimore, MD 21211 Dear Licensee:  This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in   the amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications   yAct of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass   lMedia Bureau by Section 0.283 of the Commission's Rules, 47 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,  X-  codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X-  [rules, inter alia, limiting the amount of commercial matter that television stations may air during   children's programming, and to consider in its review of television license renewals the extent   Lto which the licensee has complied with such commercial limits. Accordingly, the Commission   adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial   matter which may be aired during children's programming to 10.5 minutes per hour on weekends   and 12 minutes per hour on weekdays. The Commission also reaffirmed and clarified its long  standing policy against "programlength commercials". The Commission defined a "program  length commercial" as "a program associated with a product, in which commercials for that   yproduct are aired", and stated that the entire duration of any programlength commercial would   be counted as commercial matter for the purpose of the children's television commercial limits.  X-  zChildren's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd  X -  ]5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's  X!-Television Programming, 6 FCC Rcd 5529, 5530 (1991).  On June 2, 1997, you filed an application for renewal of license (FCC Form 303S) for   Station WTTE(TV), Columbus, OH (File No. BRCT970602LX). In response to Section III,   Question 4 of that application you state that during the previous license term WTTE(TV) failed   to comply with the limitations on commercial matter in children's programming specified in   Section 73.670 of the Commissions Rules. In Exhibit 3 to that application you cite   five occasions   where WTTE(TV) exceeded the children's television commercial limits during the previous   license term. You state that on September 11, 1993, a 30second commercial overage occurred   Mas a result of an "erroneous calculation of the commercial time allowed" in the affected time"),**qqn("   period; and that the station instituted "a second checkoff system" to prevent such overages in the   \future. In addition, you state that on two occasions, November 28, 1994, and November 30,   1994, a commercial announcement featuring the cartoon character "Sonic the Hedgehog" was   broadcast during the "Sonic the Hedgehog" program; that the commercial announcement in   question was a barter spot placed in the program by the program's supplier; and that WTTE(TV)   had no warning that the commercial announcement included the program's title character.   Further, you state that on July 12, 1995, as a result of a "traffic scheduling error" during a   broadcast of the program "Bobby's World", the title character "Bobby" appeared "in the   background" of a commercial announcement which promoted "an upcoming comic book expo in   the Columbus area"; and that the commercial announcement in question "was not promoting   k'Bobby's World' in any way". Finally, you state that on August 22, 1995, a broadcast of the   program "Mighty Morphin Power Rangers" included a commercial announcement for "LA Gear   [children's shoes featuring a 'Power Rangers' contest"; that this commercial announcement was   "inadvertently" included in the program; and that meetings were held with station personnel and a new procedure was instituted to prevent future violations.  oWTTE(TV)'s record during the last license term of exceeding the Commission's   commercial limits on children's television programming on five occasions constitutes a repeated   jviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)   of the Communications Act, WTTE, Channel 28 Licensee, Inc. is hereby advised of its apparent   liability for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent repeated   yviolation of Section 73.670 of the Commission's Rules. The amount specified was reached after   =consideration of the following criteria: (1) the number of instances of commercial overages; (2)   the length and nature of each such overage; (3) the period of time over which such overages   occurred; (4) whether or not the licensee established an effective program to ensure compliance;   and (5) the specific reasons that the licensee gives for the overages. These criteria are appropriate   .in analyzing violations of the commercial limits during children's programming, since they take  X-  into account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with   ?respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the  Xe-Communications Act., eB 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  yO-  YDistrict of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.  yOn-  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  yO -  ;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,   yOV"-    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  yOv%-  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@#, "N ,))qq|"Ԍ @When the Commission delayed the effective date of Section 73.670 of the Rules until   LJanuary 1, 1992, we stated that "giving the additional time to broadcasters and cable operators   before compliance with the commercial limits is required will have the effect of enabling  X-  broadcasters and cable operators to hone their plans to ensure compliance...." Children's  X-  [Television Programming, supra 6 FCC Rcd at 5530 n.10. Although WTTE(TV) appears to have   Mmade an effort to comply with the Commission's children's television commercial limits, that   effort apparently was not sufficient in light of the violations described in the station's renewal application.  Although one of the overages described in WTTE(TV)'s renewal application was 30   seconds in duration, four were programlength commercials. Congress was particularly concerned   about programlength commercials because young children often have difficulty distinguishing   between commercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989).   KOverages of this frequency and magnitude mean that children have been subjected to commercial   .matter greatly in excess of the limits contemplated by Congress when it enacted the Children's  X -  Television Act of 1990. Children's Television Programming, supra 6 FCC Rcd at 211718. The   assertion that the "Sonic the Hedgehog" programlength commercials occurred as a result of the   insertion of commercial matter in the program by the program's supplier does not absolve   WTTE(TV) of responsibility for those violations. The Commission has consistently held that a   licensee's reliance on a program's source or producer for compliance with the children's  X4-  television rules and policies will not mitigate or excuse violations which do occur. See, e.g., Max  X-  Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield Television,  X-  zInc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited Partnership  X-(WFXT(TV)), 10 FCC Rcd 6686 (1995).  >With regard to the "Bobby's World" broadcast, the Commission has consistently held that   =where a commercial announcement is primarily for a product otherwise unrelated to a program,  X-  but that announcement also includes references to or offers of products which are related to the   program, than the broadcast of that commercial announcement during the program to which the  Xe-  included products relate will render that program a programlength commercial. See, e.g., North  XN-  Carolina Broadcasting Partners (WCCB(TV)),   FCC Rcd   (FCC 97327, adopted September  X7-  11, 1997, released September 22, 1997); WSYT(TV), supra 10 FCC Rcd at 8905 (1995); Scripps  X -  kHoward Broadcasting Co. (KNXVTV), 9 FCC Rcd 2547 (1994); Ramar Communications, Inc.  X -  !(KJTV(TV)), 9 FCC Rcd 1831 (1994); Quad Cities Television (KLJBTV), 9 FCC Rcd 1711   {(1994). Further, the determination as to whether a particular program is a programlength   [commercial is not dependent on the duration of the appearance of the programrelated product   in the commercial announcement: where a commercial announcement includes a product related   to the program in which the commercial is broadcast, then the program is a programlength   commercial regardless of the duration of the appearance of the programrelated product in the  X#-commercial. UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10988 (1995).  The only other reason for the overages proffered by WTTE(TV), inadvertence and human  X:&-  zerror, do not mitigate or excuse such violations. Ramar Communications, Inc. (KJTV(TV)), 9  X#'-  {FCC Rcd 1831 (1994); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957  X (-  >(1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Le Sea" (,))qq&"  X-  \Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977 (1995). Finally, the fact that WTTE(TV)   may have implemented policies to prevent subsequent violations of the Commission's children's   television rules and policies does not relieve the licensee of liability for violations which have  X-  Moccurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV, supra 10  X-  ^FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation  X-  (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV),  Xv-  P9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).   Consideration of all of these factors warrants a forfeiture in the abovespecified amount of  XH-  M$10,000. Cf., Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994)  X1-  ($10,000 forfeiture for seven overages, including four programlength commercials); Ramar  X -  Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994) ($10,000 forfeiture for six overages, including three programlength commercials).  You are afforded a period of thirty (30) days from the date of this letter "to show, in   kwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the   =forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced   >shall include a detailed factual statement and such documentation and affidavits as may be   pertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant   Lprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.  {Notwithstanding the substantial nature of the violations described here and the severity   with which we regard them, we find you qualified to remain a Commission licensee and conclude   that grant of your application would serve the public interest, convenience and necessity.   Therefore, the license renewal application of WTTE, Channel 28 Licensee, Inc., for Station WTTE(TV), Columbus, OH (File No. BRCT970602LX), IS HEREBY GRANTED.  X- ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau Enclosures cc: Martin R. Leader, Esq. ":&,))qq$"  X- kwttefr2.rel #x6X@`7>fX@# #n6X@`7Fc&@#  ?<#x6X@`7>fX@# MSolberg/dsb/vsd/MMB n:\msolberg\kwttefr2.rel  ~9-#n6X@`7Fc&@#  }: <  < $// WTTE, CHANNEL 28 LICENSEE, INC., WTTE(TV)(Columbus, OH) DA 972315 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:m <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$ #x6X@`7>fX@#