WPC9 2 B;P Courier 10cpiCG Times (Scalable)Courier 12cpiCG Times Bold (Scalable)3|w le)T1tional)HPLAIIAD.PRSx  @HQ#0^X@2+< ZL"X3|jHP LaserJet IIISi LPT1tional)HPLAIIAD.PRSXj\  P6G;HQ#0^XPCG Times (Scalable)Courier 12cpiRoman BoldCourier Bold8wC;,[AXw P7XPs4ddd,Sd6X@8;@x/c81,c P7P7zC;,"ZXz_ p^7Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 7]7Kh*  X-#d6X@`7S@##X\  P6G;P#X01Í ÍX01Í Í#Xj\  P6G;[AXP#]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` 2 v p: k k a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# 2 vW t Aa2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# 2    W a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# 2qAa5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p 2*LLTech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2\ Wa2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   2!K3Wa7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. 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 `7XW!@(#,9h@\  P6G;hPH5!,,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 972364 ă  yxdddy hFederal Communications Commission Washington, D.C. 20554 November 10, 1997  Y2`(#n Released: November 13, 1997 ă  X`2 CERTIFIED MAIL RETURN RECEIPT REQUESTED Paramount Stations Group, Inc. Licensee, WKBD(TV) c/o Viacom Law Department 1515 Broadway New York, NY 10036 Dear Licensee:   |This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  xVthe amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications  x`Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass  xMedia Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated  x.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 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  Y"2 xeffective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   On June 2, 1997, you filed an application for renewal of license (FCC Form 303S) for  xStation WKBD(TV), Detroit, MI (File No. BRCT970602KZ). In response to Section III,  xpQuestion 4 of that application you indicate that during the previous license term WKBD(TV)  xVfailed to comply with the limitations on commercial matter in children's programming specified  xin Section 73.670 of   the Commission's Rules. In Exhibit 4 to that application you indicate that"(,**rr&"  xbetween September 4, 1993, and November 2, 1996, WKBD(TV) violated the children's  x>television commercial limit rules and policies on five occasions. One of the programlength"),**qqn("  x{commercial violations is attributed to inclusion of programrelated commercial matter in a  xjprogram supplied to the station by the Fox Television Network; the remainder of the violations apparently occurred as a result of human error by station personnel.   xWKBD(TV)'s record of exceeding the children's television commercial limits on five  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,  xParamount Stations Group, Inc., is hereby advised of its apparent liability for forfeiture in the  xamount of ten thousand dollars ($10,000) for its apparent repeated violation of Section 73.670  xof 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 - 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,   yO- x  FCC Rcd  (FCC 97218, adopted June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture  yOI- 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  yOi- xhChannel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773, 3774 (1995); Northstar Television of Erie, Inc. (WSEE yO1-TV), 10 FCC Rcd 3779, 3780 (1995).   xAll five of the violations by WKBD(TV) were programlength commercials. Congress  xwas particularly concerned about programlength commercials because young children often have  xLdifficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st  xSess. 24 (1989). 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  xChildren's Television Act of 1990. The fact that one of the programlength commercial  xviolations may have occurred as a result of material included in a program supplied to the station  xby the Fox Television Network does not absolve WKBD(TV) of responsibility for the violations.  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)),  Xe- x10 FCC Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAXTV), 10 FCC Rcd 8797  XN-(1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995)."N ,))qq|"Ԍ  ԙxIn addition, the violations occurred from September 4, 1993, through November 2, 1996,  xan extended period of three years and two 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  xRcd at 5530 n.10. Although it appears that WKBD(TV) made an effort to comply with the  xchildren's television commercial limit rules and policies, it is apparent that that effort was not  xsufficient in view of the violations reported in the station's renewal application. The Commission  xhas repeatedly rejected human error and/or inadvertence as a basis for excusing violations of the  X - xkchildren's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10  X - xzFCC Rcd 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977,  X - x4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960  X - x(1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar  X - x]Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc.  X - x(KBMTTV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Consideration of all of  X- xthese factors warrants a forfeiture in the abovespecified amount of $10,000. Cf., Chesapeake  Xy- xTelevision Licensee, Inc. (WBFF(TV)), 12 FCC Rcd 12444 (1997)($10,000 forfeiture for five  Xb- xprogramlength commercials); Huntsville Television Acquisition Corp. (WZDX(TV)), 12 FCC  xORcd 9870 (1997)($10,000 forfeiture for seven overages, including four programlength commercials).   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  xNTherefore, the license renewal application of Paramount Stations Group, Inc., for Station WKBD(TV), Detroit, MI (File No. BRCT970602KZ), IS HEREBY GRANTED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosure " (,))qq&"  X- kwkbdfr2.rel #x6X@`7>fX@# #n6X@`7Fc&@#  ?<#x6X@`7>fX@# MSolberg/dsb/vsd/MMB n:\msolberg\kwkbdfr2.rel  }:j < #n6X@`7Fc&@#$// PARAMOUNT STATIONS GP, INC., WKBD(TV) (Detroit, MI) DA 972364 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }: <$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7>fX@#  ?F < #x6X@`7>fX@# #x6X@`7>fX@#  ?<#x6X@`7>fX@#    ?.<