WPC 2HB(X@ Z3|P (TT)Times New Roman (TT)Courier New (TT)RomanXP"5@^2BRdd$BBdq2B28dddddddddd88qqqYzoBNzoozzB8B^dBYdYdYBdd88d8ddddBN8ddddY`(`l2BB!BBPRBddYYYYYYzYzYzYzYB8B8B8B8ddddddddddYdddddoddYYYYYzYzYzYddddddPdBdBBBdNdz8zRdddBRoNoNNF2ZdBYddddd7>d<d<BBYYdBBddBYBdYzzzzBBBBqodYYYYYYYYYYY8888dddddddndddddddApple LaserWriter II NTXPT1APLAIINT.WRSXj\  P6G;"oUXP2 z(E Times New Roman (TT)Courier New (TT)BoldTimes New Roman (TT)Courier New (TT)Times New Roman (Bold) (TT) (TT)\=ρXP3|j2e VM77 X 7PC2,W XP\  P6QXPs4dddXd6X@DQ@ 3y.K8?X(qK\  P@QP.7UC2X.xXU4  pQXd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd X-#d6X@`7.@##X\  P6G;gP#X01Í ÍX01Í Í#Xj\  P6G;W XP#]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` "i~'^#)0<>>>>>>>|>|||||||||t62V@@"5@^*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ*7777BD7TTxJxJxJxJxJooJfJfJfJfJ7/7/7/7/xTxTxTxTxTxTxTxTxTxTxJxTxTxTxTxT\TxTxJxJoJoJoJfJfJfJxTxTxxTxTxTxTBT7T777TAxTf/fDxTxTxTxo7oD\A\AN:*KT7JTTTTT.3}}T2T}277JJT77TT7J72t7[[[[^[e*B`^.wRTTn[Cfx`xWlRx[\[ceIfIs`Wx[rriwge*7DTT77T^*7*/TTTTTTTTTT//^^^Jxooxf\xx7Axfxx\xo\fxxxxf7/7NT7JTJTJ7TT//T/TTTT7A/TTxTTJP!PZ7TJTT7\777JJ:T7A7xx*7TTTT!T7.T^7TB[227`K*723T}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx\TJJJJJJoJJJJJ////TTTTTTT[TTTTTTT"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddN;WBCBGI5I5SE\>WB_R\RLVJI]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]](1<for forfeiture for violation of those rules. KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); WKBD,  X- xInc., supra; Channel 12 of Beaumont, Inc. (KBMTTV), 9 FCC Rcd 1825 (1994). Accordingly,  xthe 120 "Buckaroo Club" overages must be considered violations of the children's television commercial limits.   ~xWKCF(TV)'s record during the last license term of exceeding the Commission's  xcommercial limits on children's television programming on 200 occasions constitutes a repeated  xjviolation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, Press Broadcasting Company, Inc. is hereby advised of its apparent  xliability for forfeiture in the amount of thirty thousand dollars ($30,000) for its apparent repeated  xyviolation of Section 73.670 of the Commission's Rules. The amount specified was reached after  x=consideration of the following criteria: (1) the number of instances of commercial overages; (2)  xthe length and nature of each such overage; (3) the period of time over which such overages  xoccurred; (4) whether or not the licensee established an effective program to ensure compliance;  xand (5) the specific reasons that the licensee gives for the overages. These criteria are  xappropriate in analyzing violations of the commercial limits during children's programming, since  X - xthey take into account, inter alia, "the nature, circumstances, extent, and gravity of the violation,  xand, with respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of  X"-the Communications Act. "C X%- x/#Xj\  P6G;W XP#э In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court  X%- xzof Appeals for the District of Columbia set aside Policy Statement, Standards for Assessing  X&- 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  Xy- x{the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  Xb- xzRulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering  XK- xcomments from the public in that proceeding, the Commission adopted Forfeiture Guidelines  X4- 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). Consistent with Paragraph 49 of  X- xForfeiture Guidelines, supra, the Commission will continue to use the casebycase approach for  xviolations that occurred before the effective date of that Report and Order. Under this approach,  xthe Commission considers the criteria developed under Section 503 and applied by the  X - xCommission in previous cases. See, e.g., Clear Channel Television, Inc. (KTTU(TV)), 10 FCC  X - xMRcd 3773, 3774 (1995); Northstar Television of Erie, Inc. (WSEETV), 10 FCC Rcd 3779, 3780  X| -(1995).č""e ,))qqf!"Ԍ  ԙxInitially, we note that WKCF(TV) exceeded the children's television commercial  xlimitations on 200 occasions. This is an unusually high number of violations. Further, 124 of  xthe violations were one minute or greater in duration, and 49 of those were two minutes or  xgreater in duration. Overages of this number and magnitude mean that children have been  x.subjected to commercial matter greatly in excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990.   xIn addition, violations occurred at WKCF(TV) regularly and continually from January,  x]1992, through May, 1995, an extended period of three years and four months. When the  xCommission delayed the effective date of Section 73.670 of the Rules from October 1, 1991, until  xLJanuary 1, 1992, we stated that "giving the additional time to broadcasters and cable operators  xbefore compliance with the commercial limits is required will have the effect of enabling  X - xbroadcasters and cable operators to hone their plans to ensure compliance...." Children's  X - xTelevision Programming, supra 6 FCC Rcd at 5530 n.10. However, although the overages started  xat WKCF(TV) on January 7, 1992, the first week that the limits were in effect, WKCF(TV) did  x[not discover that it was regularly violating the commercial limits until the station conducted an  xaudit in May, 1995. As discussed above, a licensee's assertion that it misunderstood the  xchildren's television rules and policies does not relieve that licensee of liability for forfeiture for  xkviolation of those rules. Similarly, the Commission has repeatedly ruled that an assertion of  xinadvertence and/or human error does not mitigate or excuse violations of the children's television  X4- x/commercial limits. Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Act III  X- x{Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Buffalo Management  X- xnEnterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Le Sea Broadcasting Corp.  X- x"(WHKE(TV)), 10 FCC Rcd 4977 (1995). Thus, in view of the violations listed and the  x.explanations offered in WKCF(TV)'s renewal application, it is clear that the station initially did  xnot establish an effective program to ensure compliance with the children's television commercial  xlimitations, and did not notice it was in violation until May, 1995, three years and four months  xlafter the violations began. The fact that WKCF(TV) may have implemented policies and  xprocedures in an effort to ensure compliance with the children's television commercial limits after  x.its May, 1995 audit does not relieve the licensee of liability for violations which occurred prior"ee ,))qq}"  X- xto the audit. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); UTV of San  X- xFrancisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10988 (1995); KEVN, Inc., 8 FCC Rcd 5077,  X- 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). Further, even after the May, 1995 audit, the new policies and  xprocedures implemented at WKCF(TV) still were not sufficient to ensure compliance with the  x[children's television commercial limits, since three additional violations occurred between July, 1995, and January, 1996.   0xConsideration of all of these factors warrants a forfeiture in the abovespecified amount  X - xof $30,000. Cf.  Koplar Communications (KPLRTV), 8 FCC Rcd 7884 (1993). In that case,  xthe Commission imposed a forfeiture of $30,000 for 197 commercial overages, 123 of which  xwere one minute or greater in duration. Since we find the violations in the instant case to be comparable, we conclude that a comparable forfeiture is appropriate.   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 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 Press Broadcasting Company, Inc., for renewal of license for Station WKCF(TV), Clermont, FL (BRCT961001ZK) is hereby GRANTED. xThis letter was adopted by the Commission on September 11, 1997. x` `  hh@BY DIRECTION OF THE COMMISSION x` `  hh@William F. Caton x` `  hh@Acting Secretary Enclosure