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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""fx6X@`7X@?xxx,-x `7X|W!@(#,9h@\  P6G;hP}H5!,,5\  P6G;,P<~9nnn,Fcn6X@`7&@ }:nnn,-on `7&"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~CdzYzzzzCCdddddddzCsdYC29404"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`SJ8"Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC29 X   x Y2 Q Federal Communications Commission`*(#DA 972363 ă  yxdddy hFederal Communications Commission Washington, D.C. 20554 November 10, 1997  Y2`(#n Released: November 13, 1997 ă  XI2 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lansing 53, Inc. Licensee, WLAJ(TV) 5815 South Pennsylvania Avenue Lansing, MI 48911 Dear Licensee:   |This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  x(the amount of twenty thousand dollars ($20,000) 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  Y2 x4rules, inter alia, limiting the number of minutes of commercial matter that television stations  xmay air during children's programming, and to consider in its review of television license  xrenewals the extent to which the licensee has complied with such commercial limits. Pursuant  xto this statutory mandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R.  x73.670, which limits the amount of commercial matter which may be aired during children's  xprogramming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays.  Y 2 x`Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd  Y2 x5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's  Y2Television Programming, 6 FCC Rcd 5529, 5530 (1991).   On June 2, 1997, you filed an application for renewal of license (FCC Form 303S) for  xfStation WLAJ(TV), Lansing, MI (BRCT970602LD). With regard to Section III, Question 4  xof that application you state that during the previous license term WLAJ(TV) failed to comply  xwith the limits on commercial matter in children's programming specified in Section 73.670 of  xthe Commissions Rules. In Exhibit 2 to that application you indicate that between October 1,  xL1994, and December 16, 1996, WLAJ(TV) violated the children's television commercial limits  xon 82 occasions. Of these commercial overages, 29 were less than 30 seconds in duration; 29  xwere 30 seconds or longer but less than one minute in duration; 13 were one minute or longer  xfbut less than one minute and 30 seconds in duration; five were one minute and 30 seconds or"(,**rr&" longer but  xless than two minutes in duration; and six were two minutes or longer in duration. You state that"),**qqn("  x<the overages were discovered during a review of WLAJ(TV)'s logs conducted in connection with  xthe preparation of the station's license renewal application; and that "[a]ppropriate oversight of  xthe commercial limits w[as] not maintained[,] nor was an appropriate monitoring system in effect" at WLAJ(TV).   xWLAJ(TV)'s record of exceeding the children's television commercial limits on 82  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,  xLansing 53, Inc., is hereby advised of its apparent liability for forfeiture in the amount of twenty  x^thousand dollars ($20,000) for its apparent repeated violation of Section 73.670 of the  xCommission's Rules. The amount specified was reached after consideration of the following  xcriteria: (1) the number of instances of commercial overages; (2) the length and nature of each  xsuch overage; (3) the period of time over which such overages occurred; (4) whether or not the  xlicensee established an effective program to ensure compliance; and (5) the specific reasons that  xthe licensee gives for the overages. These criteria are appropriate in analyzing violations of the  X - xcommercial limits during children's programming, since they take into account, inter alia, "the  xynature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the  Xy-degree of culpability", as required under 503(b)(2)(D) of the Communications Act. yB 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  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,   yOj- x  FCC Rcd  (FCC 97218, adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture  yO2- xGuidelines, id., will become effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance  yO- 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  yOR- 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).   xWLAJ(TV) exceeded the children's television commercial limits on 82 occasions. This  xis a very high number of violations. Further, 24 of the overages were one minute or longer in  x\duration. Overages of this number and duration 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.   xFurther, the violations began on October 1, 1994, and continued until December 16, 1996,  xan extended period of two years and two months. The licensee admits that "[a]ppropriate  xoversight of the commercial limits w[as] not maintained[,] nor was an appropriate monitoring  x=system in effect" at WLAJ(TV). According to the licensee's own explanation, the fact that the  xstation was regularly and repeatedly violating the children's television commercial limits was  xjdiscovered only in the course of preparing WLAJ(TV)'s license renewal application. Thus, the"N ,))qq|"  xlicensee not only failed to establish any program for compliance with the children's television  xzcommercial limits, but also failed to notice or rectify the deficiency for an extended period of  xtime. The fact that WLAJ(TV) may have eventually 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  X- x2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077,  Xv- xz5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain  X_- 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  X1- xabovespecified amount of $20,000. Cf., JeffersonPilot Communications Company  X - xO(WBTV(TV)), 12 FCC Rcd 2526 (1997)($20,000 forfeiture for 79 commercial overages);  X -WTWS(TV), supra 9 FCC Rcd at 1715 ($20,000 forfeiture for 80 commercial overages).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xAccordingly, the application of Lansing 53, Inc., for renewal of license for Station WLAJ(TV), Lansing, MI (BRCT970602LD), is hereby GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure cc: Ann C. Farhat, Esq. "#',))qq%"  X- kwlajfr2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwlajfr2.rel  }: < #n6X@`7Fc&@#$// LANSING 53, INC., WLAJ(TV) (Lansing, MI) DA 972363 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }: <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?< #x6X@`7>fX@#