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Use the MS-DOS Expand command to copy the file from the Wind X   N X-w  Federal Communications Commission`(# FCC 97190 ă  yxdddy Federal Communications Commission Washington, D.C. 20554 T  X-`(# Released: June 3, 1997  XH- CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(#X Jasas Corporation Licensee, WBDCTV 2121 Wisconsin Avenue, N.W., #350 Washington, DC 20007 Dear Licensee:   xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in  Xb- xthe amount of one hundred fifteen thousand dollars ($ 115,000) pursuant to Section 503(b) of the  xCommunications Act of 1934, as amended, 47 U.S.C. 503(b), for repeated violations of the  x=Commission's rule limiting the amount of commercial matter that may be aired during children's  xkprogramming. In addition, WBDCTV will be subject to reporting conditions during its next license term.   xIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000,  X- xcodified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt  X- x[rules, 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  xminutes per clock hour on weekends and 12 minutes per clock hour on weekdays. The  x.Commission also reaffirmed and clarified its longstanding policy that the entire duration of "a  xprogram associated with a product, in which commercials for that product are aired" (a "program xlength commercial") would be counted as commercial matter for the purpose of the children's  X- xtelevision commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon.  X - x0granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on  X!-January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   lxOn November 29, 1993, the Commission granted an application for assignment of license  xfor Station WBDCTV (formerly WFTYTV), Washington, DC, from Channel 50, Inc. to Jasas  xiCorporation ("Jasas")(BALCT931116KF). Commission records indicate that that assignment was  xconsummated on November 30, 1993. On June 3, 1996, Jasas filed an application for renewal  x>of license (FCC Form 303S) for station WBDCTV (File No. BRCT960603KZ). In response  xto Section III, Question 4 of that application you state that during the previous license term the  x\station failed to comply with the limitations on commercial matter in children's   programming  xspecified in Section 73.670 of the Commission's Rules. Exhibit 3 to that application indicates"),**qqn("  xthat between November 30, 1993 (the date that Jasas Corporation consummated the assignment  xLand became the licensee of the station), and March 29, 1996, WBDCTV violated the children's  xMtelevision commercial limits on 450 occasions. Of these 450 violations, 45 were less than 30  xseconds in duration; 168 were 30 seconds or longer but less than one minute in duration; 100  xwere one minute or longer but less than one minute and 30 seconds in duration; 46 were one  xyminute and 30 seconds or longer but less than two minutes in duration; 69 were two minutes or  x<longer but less than three minutes in duration; 20 were longer than three minutes in duration; and two were programlength commercials.   xWith respect to these overages, you assert that, from the date of consummation of the  xassignment until September 24, 1994, "management services" provided by the former owners  x"included what appeared to be a twostep process verifying that the station had complied with"  x[the children's television commercial limits; that on January 1, 1996, the station's traffic manager  xbegan a review of WBDCTV's programming logs to confirm the station's compliance with the  xjchildren's television commercial limits; that as a result of violations discovered in the course of  x=that review, WBDCTV conducted an audit of its logs back to January 1, 1992, and discovered  x>the violations reported in its renewal application; that, until initiation of the January 1, 1996  xyreview, "Jasas had no reason to doubt that th(e) children's compliance system was functioning  xproperly"; and that "Jasas had employed reasonable methods to ensure compliance with the  xzcommercial limitations, but two different employees on whom Jasas relied to carry out those  xprocedures simply failed to carry out their responsibilities." Finally, Jasas asserts that it has  x-installed new equipment and established new procedures to ensure that the violations will not be repeated.   #xWBDCTV's record during the portion of its license term from November 30, 1993  xLthrough March 29, 1996, exceeding the Commission's commercial limits on children's television  x!programming on 450 occasions constitutes a repeated violation of Section 73.670 of the  xCommission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act, Jasas  xCorporation is hereby advised of its apparent liability for forfeiture in the amount of one hundred  xfifteen thousand dollars ($115,000) for its apparent repeated violation of Section 73.670 of the  xCommission's Rules. The amount specified was reached after consideration of the factors set  xforth in Section 503(b)(2) of the Communications Act, and, in particular, the following criteria:  x>(1) the number of instances of commercial overages; (2) the length and nature of each such  xoverage; (3) the period of time over which such overages occurred; (4) whether or not the  xlicensee established an effective program to ensure compliance; and (5) the specific reasons that  xthe licensee gives for the overages. These criteria are appropriate in analyzing violations of the  X - xcommercial limits during children's programming, since they take into account, inter alia, "the  xynature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the  X"- xdegree of culpability", as required under 503(b)(2)(D) of the Communications Act. See Clear  X#- xkChannel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie,  Xh$-Inc. (WSEETV), 10 FCC Rcd 3779 (1995).   xThe 450 occasions on which WBDCTV exceeded the children's television commercial  xlimits is an extraordinarily high number of violations. Indeed, this is the second highest number  xof violations of the children's television commercial limits reported since the limits became" (,))qq&"  X- xeffective on January 1, 1992.B yOy- x;ԍ Clear Channel Television, Inc., licensee of KTTU(TV), Tucson, AZ, reported 581 violations, for which it was  yOA-assessed a forfeiture of $125,000. KTTU(TV), supra 10 FCC Rcd at 3774. Moreover, 235 of the overages were one minute or longer in  xduration; 89 of those were longer than two minutes in duration; 20 of those were longer than  x.three minutes in duration; and two others were programlength commercials. Overages of this  xnature and magnitude mean that children have been subjected to commercial matter greatly in  xexcess of the limits contemplated by Congress when it enacted the Children's Television Act of  x1990. Further, the violations considered here occurred frequently and routinely from November  x30, 1993, when Jasas began its operation of the station, until March 29, 1996, an exceptionally long period of two years and four months.   xWith regard to whether WBDCTV had established an effective program to ensure  xjcompliance with the children's television commercial limits, Jasas asserts that it "had employed  xreasonable methods to ensure compliance with the commercial limitations...." However, prior to  xthe review of WBDCTV's programming logs conducted on January 1, 1996, Jasas does not cite  xa single policy established, procedure implemented or action taken to determine whether WBDC xTV was in compliance with the children's television commercial limits, or to establish policies  xand procedures to ensure such compliance. It appears that Jasas merely assumed that the previous  xNlicensee's "compliance system was functioning properly". Further, Jasas' effort to place  xZresponsibility for the violations on the previous licensee must be rejected in view of the facts that  x(i) Jasas became responsible for all station operations and compliance with all Commission rules  xand policies on November 30, 1993; (ii) the violations continued undetected and unabated from  xSeptember 27, 1994, when the former owners ceased providing "management services", until  x[January 1, 1996, when the program log review was initiated, a period of fifteen months; and (iii)  xeven after January 1, 1996, when Jasas became aware of the substantial inadequacy of the  xKstation's thenexisting compliance monitoring program, the violations continued undiminished for  X- xanother three months, until March 29, 1996.X B yO- xԍ Similarly, Jasas' effort to place responsibility for the violations on station employees who "failed to carry out  x<their responsibilities" is without merit. Corporate licensees are responsible for rule violations resulting from the  yO9-conduct of station employees. Character Qualifications, 102 FCC 2d 1179, 1218, recon., 1 FCC Rcd 421 (1986). Finally, the fact that WBDCTV may have  ximplemented policies and procedures to prevent violations of the Commission's children's  xktelevision rules and policies after March 29, 1996, does not relieve Jasas of responsibility or  xLliability for the extraordinarily high number of violations which had already occurred during its  X|- xoperation of the station. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KEVN,  Xe- xInc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715,  XN- x 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994);  X7- xWHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors  X - x.warrants a forfeiture in the abovespecified amount of $115,000. Cf., KTTU(TV), supra 10 FCC  X - xRcd at 3774 ($125,000 forfeiture for 581 violations); Stainless Broadcasting Co. (WICZTV), 10 FCC Rcd 9961 (1995)($110,000 forfeiture for 376 violations).   {xGiven the breadth of the violations in this case and the substantial failure of the licensee  xto establish effective monitoring and compliance procedures, we believe that an additional"!@,))qq "  xremedial measure is warranted in order to ensure that Station WBDCTV complies with our  xlimitations on commercials during children's programming in the future. Accordingly, we will  X- ximpose reporting conditions. In Stainless (WICZTV), id., reporting conditions were imposed  xwhere the licensee established policies and procedures which prevented subsequent violations  xjimmediately after it discovered that it had committed 376 violations over a period of 22 months.  xThe facts in the instant case are more egregious, in that WBDCTV committed 450 violations  Xv- xover a period of 28 months, including 29 violations committed during a threemonth period after  xjit had discovered that its compliance program was substantially inadequate. Therefore, during  xMits next license term, WBDCTV will be required to report to the Commission, on a quarterly  xbasis, whether it has complied with our limits on commercial matter during children's programming. Moreover, any noncompliance will have to be described in detail.   \xNotwithstanding the substantial nature of the violations at issue here and the severity with  xwhich we regard them, we do not believe that these violations constitute an impediment to grant  xof the application for renewal of license for Station WBDCTV. There is no suggestion that the  xlicensee has acted in bad faith and we do not believe the violations reflect a deliberate disregard  xfor Commission requirements. Rather, these violations reflect the licensee's failure to confirm  xNor take prompt measures to ensure compliance with the children's television commercial  xlimitations. Therefore, we find Jasas qualified to remain a Commission licensee and conclude that grant of the instant application would serve the public interest, convenience and necessity.   xAccordingly, the license renewal application of Jasas Corporation, for Station WBDCTV,  xWashington, DC, File No. BRCT960603KZ, IS HEREBY GRANTED for a term to expire on October 1, 2004, subject to the condition that:   XxStation WBDCTV shall submit to the Commission an original and one copy of the   following information within thirty (30) days after the end of each calendar quarter during its next license term:(#  ` QXxX` ` (a) A statement certifying whether the licensee has complied with the limits on commercial matter as set forth in 47 C.F.R.  73.670.(#`  ` XxX` ` (b) A list of each segment of programming, 5 minutes or more in duration,  ` Bdesigned for children 12 years old and under and broadcast during the license  ` Qperiod which contained commercial matter in excess of the limits set forth in 47  ` aC.F.R.  73.670. For each such programming segment so listed, indicate the  ` length of the segment, the amount of the commercial matter contained therein, and an explanation of why the limits were exceeded.(#`   xWith respect to this forfeiture proceeding, you are afforded a period of thirty (30) days  xyfrom the date of this letter "to show, in writing, why a forfeiture penalty should not be imposed  xor should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not  x1be imposed or should be reduced shall include a detailed factual statement and such  xdocumentation and affidavits as may be pertinent." Section 1.80(f)(3) of the Commission's Rules,  x=47 C.F.R. 1.80(f)(3). Other relevant provisions of Section 1.80(f)(3) of the Commission's Rules" (,))qq&" are summarized in the attachment to this letter. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William F. Caton x` `  hh@Acting Secretary Enclosures cc: Frank R. Jazzo, Esq. " ,))qq "  X- kwbdcfr3.r "BL el "BL  #x6X@`7>fX@# #n6X@`7 Fc&@#  ?<# x6X@`7>fX@# MSolberg/dsb/vsd/MMB n:\msolberg\kwbdcfr3.rel cc address: Jasas Corporation Licensee, WBDCTV c/o Frank R. Jazzo, Esq. Fletcher, Heald & Hildreth 11th Floor 1300 North 17th Street Rosslyn, VA 222093801  }:#< #n6X@`7 Fc&@#$// JASAS CORP., WBDCTV (Washington, DC) FCC 97190 //$ $/ 300.503(b) FORFEITURES (NAL) /$  }:H<$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$# x6X@`7>fX@#  ?< #x6X@`7>fX@#  ?<#x6X@`7>fX@#