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.$h';U7G;A 7r5-#d6X@`7s@#3|jHP LaserJet 4M (PCL) ROOM 712HPLA4MPC.PRSXj\  P6G;\=ρXP2l :eKK75Times New RomanCourierTimes New Roman BoldCourier Bold"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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 ` 7jC:, Xj\  P6G;XP<r5ddd,sd6X@`7@y.X80,IX\  P6G;P7nC:,Xn4  pG;X<?xxx,>fx6X@`7X@W!@(#,9h@\  P6G;hP?xxx,-x `7X"i~'^#)0<of commercial matter which may be aired during children's programming to 10.5 minutes per  xhour on weekends and 12 minutes per hour on weekdays. The Commission also reaffirmed and  xxclarified its longstanding policy against "programlength commercials". The Commission defined  x[a "programlength commercial" as "a program associated with a product, in which commercials  xfor that product are aired", and stated that the entire duration of any programlength commercial  x=would be counted as commercial matter for the purpose of the children's television commercial  X- xlimits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6  xFCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992.  X -Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).   !xOn September 30, 1996, you filed an application for renewal of license (FCC Form 303S)  x\for Station WDZL(TV), Miami, FL (BRCT960930LF). In response to Section III, Question 4  x<of that application you indicate that during the previous license term WDZL(TV) failed to comply  xzwith the limits on commercial matter in children's programming specified in Section 73.670 of  xthe Commissions Rules. In Exhibit 5 to that application you indicate that between February 4,  x1992 and May 2, 1996, WDZL(TV) exceeded the children's television commercial limits on 56  xoccasions. Of these 56 commercial overages, eight were less than 30 seconds in duration; 20  xwere 30 seconds in duration; three were one minute in duration; one was one minute and fifteen  xseconds in duration; two were one minute and thirty seconds in duration; and 22 were program"),**qqn("ԫ X- xMlength commercials B Xy- x#Xj\  P6G; XP#э In addition, you cite two weekday halfhour programs (broadcast on separate dates) which  xcontained six minutes and thirty seconds of commercial matter each, and report these two  x-incidents as 30 second overages. However, supplemental material in Exhibit 5 indicates that each  xof these two programs was part of a clock hour of children's programs, and that the total amount  xMof commercial matter in each clock hour was 12 minutes. Although the children's television  X- xycommercial limits are applicable pro rata to children's programs of less than one hour's duration  X- x(Children's Television Programming, supra 6 FCC Rcd at 5096), and therefore, a discrete half xhour of weekday children's programming would be limited to six minutes of commercial matter  X - x(Children's Television Programming, supra 6 FCC Rcd at 2112, 5096), there are "no restrictions  X - x/on how commercials are configured within an hour's block of children's programming, even  X - xLwhere there are two or more separate programs within the hour." (Emphasis added. Children's  X| - xTelevision Programming, supra 6 FCC Rcd at 5096.) Since the hour of children's programming  xin each of these instances contained no more than 12 minutes of commercial matter per hour, these instances do not constitute violations of the children's television commercial limits.. Exhibit 5 further indicates that the vast majority of those overages are  xkattributed to inadvertence and/or human error. Finally, Exhibit 5 indicates that the program xrelated advertisements in some of the programlength commercials contained as little as three seconds of programrelated material.   2xWDZL(TV)'s record of exceeding the children's television commercial limits on 56  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,  xyChannel 39 Licensee, Inc., is hereby advised of its apparent liability for forfeiture in the amount  xof twenty seven thousand five hundred dollars ($27,500) for its apparent repeated violation of  x-Section 73.670 of the Commission's Rules. The amount specified was reached after consideration  xyof the following criteria: (1) the number of instances of commercial overages; (2) the length and  x>nature of each such overage; (3) the period of time over which such overages occurred; (4)  xLwhether or not the licensee established an effective program to ensure compliance; and (5) the  xspecific reasons that the licensee gives for the overages. These criteria are appropriate in  xanalyzing violations of the commercial limits during children's programming, since they take into  X- xzaccount, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with  x?respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the  Xb-Communications Act.1vbNB Xa - xM#Xj\  P6G; XP#э In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court  XJ!- xzof Appeals for the District of Columbia set aside Policy Statement, Standards for Assessing  X3"- xForfeitures, 6 FCC Rcd 4695 (1991), recon. denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd  xk6215 (1993), stating that the guidelines for assessing forfeitures established therein must be  xsubject to public comment to comply with the Administrative Procedure Act. In accordance with  X$- x{the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  X%- xzRulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering  X&- xcomments from the public in that proceeding, the Commission adopted Forfeiture Guidelines  X'- xReport and Order in CI Docket No. 956,   FCC Rcd  (FCC 97218, adopted June 19, 1997,"',))'"  X- xreleased July 28, 1997)("Forfeiture Guidelines"). Forfeiture Guidelines, id., will become effective  xon October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). In the interim, in accordance with  Xb- x?Forfeiture Guidelines, supra at 49, the Commission will continue to consider the criteria  XK- xdeveloped under Section 503 and applied by the Commission in previous cases. See, e.g., Clear  X4- xChannel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773, 3774 (1995); Northstar Television of  X-Erie, Inc. (WSEETV), 10 FCC Rcd 3779, 3780 (1995)."b,))qq"Ԍ  |ԙxInitially we note that the violations occurred from February 4, 1992 to May 2, 1996, an  xextended period of over four years. When the Commission delayed the effective date of Section  x73.670 of the Rules from October 1, 1991, until January 1, 1992, we stated that "giving the  xadditional time to broadcasters and cable operators before compliance with the commercial limits  xis required will have the effect of enabling broadcasters and cable operators to hone their plans  X- xto ensure compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10.  xIn view of the violations listed in WDZL(TV)'s renewal application, it appears that the station  x0initially did not establish an effective program to monitor compliance with the children's  x[television commercial limitations. The Commission has repeatedly rejected human error and/or  xinadvertence as a basis for excusing violations of the children's television commercial limits.  X - xSee, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1; Le Sea  X - xBroadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management  X - x^Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts  X - xBroadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc.  X - x(KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd  X - xk1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). The fact that WDZL(TV) may have implemented  xpolicies to prevent subsequent violations of the Commission's children's television rules and  Xy- x<policies does not relieve the licensee of liability for violations which have occurred. International  Xb- xBroadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV, supra 10 FCC Rcd at 10988;  XK- xKEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd  X4- x1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546  X-(1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).   xFurther, WDZL(TV) exceeded the children's television commercial limitations on 56  x\occasions. This is a high number of violations. Notably, 22 of the violations were program xlength commercials. Congress was particularly concerned about programlength commercials  xbecause young children often have difficulty distinguishing between commercials and programs.  x=S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). Overages of this nature and magnitude mean  x@that children have been subjected to commercial matter greatly in excess of the limits  xcontemplated by Congress when it enacted the Children's Television Act of 1990. Consideration  XN- x{of all of these factors warrants a forfeiture in the abovespecified amount of $27,500. Cf.,  X7- xParamount Stations Group of Washington, Inc. (WDCA(TV)),   FCC Rcd   (Chief, MMB  X - xNAL DA 97391, adopted February 14, 1997, released February 26, 1997); Paramount Stations  X - xGroup of Philadelphia, Inc. (WTXF(TV)), 10 FCC Rcd 6710 (1995). In Paramount/WDCA(TV),  X- xsupra, a forfeiture of $15,000 was assessed for 20 instances of commercial overages, 11 of which  X- xkwere programlength commercials. In Paramount/ WTXF(TV), supra, a forfeiture of $15,000  xwas assessed for 52 instances of commercial overages, six of which were programlength" ,))qq"  X- xMcommercials. B Xy- x#Xj\  P6G; XP#э As discussed above, Congress was particularly concerned about programlength  xcommercials because of the difficulty that young children often have in distinguishing between  xcommercials and programs. In view of this Congressional concern, the Commission made it clear  X4- xthat programlength commercials, by their very nature, are extremely serious violations of the  x{children's television commercial limits, stating that the programlength commercial policy  x"directly addresses a fundamental regulatory concern, that children who have difficulty enough  xydistinguishing program content from unrelated commercial matter, not be all the more confused  X- xkby a show that interweaves program content and commercial matter." Children's Television  X - xProgramming, supra 6 FCC Rcd at 2118. Accordingly, the Commission has routinely assessed  xMhigher forfeitures for programlength commercials than for a significantly greater number of conventional overages.  The violations in the instant case (56 overages, including 22 programlength  xcommercials) are substantially more significant than those in the above cited cases; a $27,500 forfeiture would be proportionate to and consistent with the forfeitures assessed in those cases.   xYou are afforded a period of thirty (30) days from the date of this letter "to show, in  xkwriting, why a forfeiture penalty should not be imposed or should be reduced, or to pay the  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  xpertinent." Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant  xLprovisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.   {xNotwithstanding the substantial nature of the violations described here and the severity  xwith which we regard them, we find you qualified to remain a Commission licensee and conclude  xthat grant of your application would serve the public interest, convenience and necessity.  x>Accordingly, the application of Channel 39 Licensee, Inc., for renewal of license for Station WDZL(TV), Miami, FL (BRCT960930LF), is hereby GRANTED. xThis letter was adopted by the Commission on September 2, 1997.  XK- x` `  hh@BY DIRECTION OF THE COMMISSION x` `  hh@William F. Caton x` `  hh@Acting Secretary cc: Peter D. O'Connell, Esq. Enclosure"7,))qq"  X- kwdzlfr4.brf MSolberg/dsb/vsd/MMB n:\msolberg\kwdzlfr4.brf cc address: Channel 39 Licensee, Inc. Licensee, WDZL(TV) c/o Peter D. O'Connell, Esq. Reed Smith Shaw & McClay 1301 K Street N.W. Suite 1100 East Tower Washington, DC 200053317  X-$// CHANNEL 33 LICENSEE, INC, WDZL(TV) (Miami, FL) FCC 97311 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  X|-