WPC0C 2 BP Courier 10cpi3|w le)CG Times Bold (Scalable)XPCG Times (Scalable) room 254 lpt2:HPLAIIAD.PRSx  @H&$yX@2<< ZLX3|jHP LaserJet IIISi in room 254 lpt2:HPLAIIAD.PRSXj\  P6G;H&$yXP#8wC;,[AXw P7XP$x/c81,c P7P%7zC;,ZXz_ p^7X&6uC;,-/Xu&_ x$&7XXd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd X-#X\  P6G;P#X01Í ÍX01Í Í#Xj\  P6G;[AXP#ZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` a8DocumentgDocument Style StyleXX` `  ` 2 p kI k  a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2v tl  za7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2 O  Wa3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h 2Ha6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2wBa1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2>Pa3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2!p3)e-!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."""""""""2"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""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`SJ82B9L>`"Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC"Sh5^;C`ddCCCdCCCCddddddddddCCȰdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYddddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdddddxdxdxdxddddddddd8ddddddddododp8p8xddddxdxddLddddodododddddodpLCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"Ȑddd尰dCCȐzȰxCdzdodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC2.C X    Y2 Q Federal Communications Commission`(#! DA 98305 ă  yxdddy hFederal Communications Commission Washington, D.C. 20554 `(#(# February 17, 1998  Yv2`(#l Released: February 19, 1998 ă  X22 CERTIFIED MAIL RETURN RECEIPT REQUESTED `(#(# Dubuque TV Limited Partnership Licensee, KFXB(TV) 744 Main Street Dubuque, IA 52001 Dear Licensee:  xThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the  xamount of seven thousand, five hundred dollars ($7,500) 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.  Y2 xpIn the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000, codified  Y2 xat 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules,  Y2 xinter 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  xjto which the licensee has complied with such commercial limits. Accordingly, the Commission  xadopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of  xlcommercial matter which may be aired during children's programming to 10.5 minutes on  xweekends and 12 minutes on weekdays. The Commission also reaffirmed and clarified its long x~standing policy that a program associated with a product, in which commercials for that product  x`are aired, would cause the entire program to be counted as commercial time (a "programlength  Y2 xcommercial"). Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in  Y 2 xpart, 6 FCC Rcd 5093, 5098 (1991). These commercial limitations became effective on January  Y!21, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).  xOn October 2, 1997, you filed an application for renewal of license (FCC Form 303S) for  xzstation KFXB(TV), Dubuque, Iowa (File No. BRCT971002KE). In response to Section III,  xQuestion 4 of that application, you certify that during the previous license term KFXB(TV)  xVfailed to comply with the limitations on commercial matter in children's programming specified  xin Section 73.670 of the Commissions Rules. In Exhibit 2 to that application, you indicate that  xvbetween September 7, 1996, and September 10, 1996, KFXB(TV) violated the children's  xVtelevision commercial limits on three occasions when the station aired a toy commercial during"),**rr&" a program"(,**qq'"  x<having content associated with that product. You attribute the violations to a single, inadvertent  xLscheduling error, and assert that measures were taken to prevent the recurrence of such future  xerrors. The measures taken include having: (1) the traffic department redflag all traffic  xZinstructions with specific product/program tieins; (2) the traffic department review all redflagged  xtraffic instructions; (3) the run times on the commercial order changed so that commercials  xcontaining products related to programs do not air in those specific programs; (4) the  xproduction department, when dubbing commercials, notify the traffic department of any possible  xcommercials that could be a problem; (5) a list of show titles posted in the traffic and production  xNdepartments to remind employee's of what to redflag; and (6) the traffic department and promotion manager check the logs every day.  xKFXB(TV)'s record during the last license term of exceeding the Commission's commercial  xlimits on children's television programming on three occasions, all programlength commercials,  xMconstitutes a repeated violation of Section 73.670 of the Commission's Rules. Accordingly,  xMpursuant to Section 503(b) of the Communications Act, Dubuque TV Limited Partnership is  xhereby advised of its apparent liability for forfeiture in the amount of seven thousand, five  xhundred dollars ($7,500) 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:  XK- 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-degree of culpability," as required under 503(b)(2)(D) of the Communications Act.(r J {O<- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for  {O- xthe District of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991),  {O- xirecon. denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating that the guidelines for assessing  xJforfeitures established therein must be subject to public comment to comply with the Administrative Procedure Act.  {Ob- xIn accordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  {O,- x,Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  {O- xpublic in that proceeding, the Commission adopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   {O- x12 FCC Rcd 17087 (1997) (Forfeiture Guidelines). Forfeiture Guidelines became effective on October 14, 1997.  {O- xZ62 Fed. Reg. 43474 (August 14, 1997). However, with regard to (i) all cases pending when Forfeiture Guidelines  xwas adopted, and (ii) all cases involving "violations arising from facts that occurred before the effective date of th[at]  xorder," forfeiture amounts are to be assessed "under the casebycase approach in effect when the violation occurred,"  {O!-in conformity with the standards set out in Section 503 of the Communications Act. Id. at 49.(  xWhen the Commission delayed the effective date of Section 73.670 of the Rules until January  x1, 1992, we stated that "giving the additional time to broadcasters and cable operators before  xcompliance with the commercial limits is required will have the effect of enabling broadcasters  XP- x>and cable operators to hone their plans to ensure compliance . . . . " Children's Television  X;- xProgramming, supra, 6 FCC Rcd at 5530 n.10. Although KFXB(TV) appears to have made an  xleffort to comply with the Commission's children's television commercial limits, that effort"& ,))qq>"  x?apparently was not sufficient in light of the violations described in the station's renewal  xapplication. Further, all of the overages were programlength commercials. Congress was  xparticularly 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). Given this Congressional concern, the Commission made it clear that program X- xlength commercials, by their very nature, are extremely serious violations of the children's  x0television commercial limits, stating that the programlength commercial policy "directly  xaddresses a fundamental regulatory concern, that children who have difficulty enough  xydistinguishing program content from unrelated commercial matter, not be all the more confused  X1- xby 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  xhigher forfeitures for programlength commercials than for a greater number of conventional  X -overages. See, e.g., Channel 39 Licensee, Inc. (WDZL(TV), 12 FCC Rcd 14012, 14015 n.3.  xThe number and magnitude of overages at issue here mean that children have been subjected to  xcommercial matter greatly in excess of the limits contemplated by Congress when it enacted the  X- xChildren's Television Act of 1990. Children's Television Programming, supra, 6 FCC Rcd at  xL211718. The only reason for the overages proffered by KFXB(TV), an inadvertent scheduling  xerror, does not mitigate or excuse such violations. In this regard, the Commission has repeatedly  xzrejected human error and/or inadvertence as a basis for excusing violations of the children's  X<- xtelevision commercial limits. Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994);  X'- xAct III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Buffalo Management  X- xEnterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); LeSea Broadcasting Corp.  X- x1(WHKE(TV)), 10 FCC Rcd 4977 (1995). Moreover, the fact that KFXB(TV) may have  ximplemented policies to prevent subsequent violations of the Commission's children's television  xrules and policies does not relieve the licensee of liability for violations which have occurred.  X- xMInternational Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KEVN, Inc., 8 FCC Rcd 5077,  X- x5078 (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., 10  x/FCC Rcd 4979, 4980 (1995). Consideration of all of these factors warrants a forfeiture in the  Xd- xabovespecified amount of $7,500. Cf., LeSea Broadcasting Corp., 10 FCC Rcd 4977 ($7,500 forfeiture assessed for three commercial overages, all programlength commercials).  x\You are afforded a period of thirty (30) days from the date of this letter "to show, in writing,  xwhy a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture.  xAny showing as to why the forfeiture should not be imposed or should be reduced shall include  xZa detailed factual statement and such documentation and affidavits as may be pertinent." Section  x1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3). Other relevant provisions of Section 1.80(f)(3) of the Commission's Rules are summarized in the attachment to this letter.  xNotwithstanding the substantial nature of the violations described here and the severity with  xwhich we regard them, we find you qualified to remain a Commission licensee and conclude that  xgrant of your application would serve the public interest, convenience and necessity. Therefore,  xLthe license renewal application of Dubuque TV Limited Partnership, for station KFXB(TV), "$(,))qq&" Dubuque, Iowa, File No. BRCT971002KE, IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: David Tillotson, Esq. "y,))qq" LGallo/vsd/MMB n:\winapps\wpwin\kidvid\kfxb.nal cc address: Dubuque TV Limited Partnership Licensee, KFXB(TV) c/o David Tillotson, Esq. 3421 M Street, NW, #1739 Washington, DC 20007  Xb- $// Dubuque TV Limited Partnership, KFXB(TV) (Dubuque, IA) DA XXXXXX //$ $/ 300.503(b) FORFEITURES (NAL) /$  X-$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ?<#x6X@`7X@#