WPC- 2BJZ Courier3|jx6X@`7X@HP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSx  @\z$^X@266 ZFKK3|jHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\z$^XP"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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2 kkc  vs a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2s t  )  BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2  Qa3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 28hha7Right 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 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  2jx&a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2sga4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 23eADoc 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""In the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000, codified at  X~- x=47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter  Xi- xLalia, limiting the amount of commercial matter that television stations may air during children's  xprogramming, and to consider in its review of television license renewals the extent to which the  xlicensee has complied with such commercial limits. Accordingly, the Commission adopted  xMSection 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial matter  xwhich may be aired during children's programming to 10.5 minutes on weekends and 12 minutes  x on weekdays. The Commission also reaffirmed and clarified its longstanding policy that a  xprogram associated with a product, in which commercials for that product are aired, would cause  xthe entire program to be counted as commercial time (a "programlength commercial").  X!- x[Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd  x15093, 5098 (1991). These commercial limitations became effective on January 1, 1992.  X#-Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).  xLOn August 1, 1997, you filed an application for renewal of license (FCC Form 303S) for station  xWCIUTV, Chicago, Illinois (File No. BRCT970801KM). In response to Section III, Question  x4 of that application, you state that during the previous license term WCIUTV failed to comply"-'0*o(o(qq%"  x=with the limitations on commercial matter in children's programming specified in Section 73.670  x.of the Commissions Rules. In Exhibit 3 to that application, you indicate that between April 10,  xz1995 and July 7, 1997, WCIUTV violated the children's television commercial limits on eight  xoccasions. Of these commercial overages, one was 19 seconds in duration, one was 30 seconds  xzin duration, two were one minute in duration, one was 90 seconds in duration, two were two  xminutes in duration and two were programlength commercials. You assert that the conventional  x19120 second overages resulted from human error. As for the programlength commercials, you  xstate that during a broadcast of the "Sailor Moon" program on September 12, 1995, a commercial  xspot for the "Sailor Moon" toy line aired, and that, "[a] second airing of this spot was also  x>mistakenly scheduled but the operator on duty was able to delete it from the log prior to its  xtelecasting." Thereafter, you maintain, the responsibility for sensitive trafficking was placed on  xZnew more experienced employees. The second programlength commercial you describe occurred  xon July 7, 1997, when a commercial for a "Bananas in Pajamas" doll aired during the program  x"Tomy Bananas in Pajamas." You attribute this violation to human error, and state that "[t]he  xstation is in the midst of reviewing its procedures, and other checks to determine how such a  xxmistake could have occurred and what needs to be done to review the systems in place to prevent a recurrence."  xWCIUTV's record during the last license term of exceeding the Commission's commercial limits  x0on children's television programming on eight occasions, including two programlength  xcommercials, constitutes a repeated violation of Section 73.670 of the Commission's Rules.  xjAccordingly, pursuant to Section 503(b) of the Communications Act, Weigel Broadcasting Co.  xis hereby advised of its apparent liability for forfeiture in the amount of ten thousand dollars  x($10,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The  xamount specified was reached after consideration of the factors set forth in Section 503(b)(2) of  xthe Communications Act, and, in particular, the following criteria: (1) the number of instances  X- xof commercial overages; (2) the length and nature of each such overage; (3) the period of time  xover which such overages occurred; (4) whether or not the licensee established an effective  xprogram to ensure compliance; and (5) the specific reasons that the licensee gives for the  x[overages. These criteria are appropriate in analyzing violations of the commercial limits during  XN- xchildren's programming, since they take into account, inter alia, "the nature, circumstances,  xjextent, and gravity of the violation, and, with respect to the violator, the degree of culpability",  X"-as required under 503(b)(2)(D) of the Communications Act. X") yO- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for the  yOc - xYDistrict of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.  yO+!- xhdenied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating that the guidelines for assessing forfeitures  x=established therein must be subject to public comment to comply with the Administrative Procedure Act. In  yO"- xMaccordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  yO#- x;Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  yOK$- xhpublic in that proceeding, the Commission adopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   yO%- x12 FCC Rcd 17087 (1997) ("Forfeiture Guidelines"). Forfeiture Guidelines became effective on October 14, 1997.  yO%- x-62 Fed. Reg. 43474 (August 14, 1997). However, with regard to (i) all cases pending when Forfeiture Guidelines"%0*&&:&"  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,"  yO -in conformity with the standards set out in Section 503 of the Communications Act. Id. at 49. ""0*&&qq "Ԍ xԙWhen 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  X- 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 WCIUTV appears to have made an  xleffort to comply with the Commission's children's television commercial limits, that effort  x?apparently was not sufficient in light of the violations described in the station's renewal  x\application. Further, two 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). Overages of this frequency and magnitude mean that children have been  x.subjected to commercial matter greatly in excess of the limits contemplated by Congress when  X - xyit enacted the Children's Television Act of 1990. Children's Television Programming, supra, 6  xFCC Rcd at 211718. The only reason for the overages proffered by WCIUTV, human error,  X - xjdoes not mitigate or excuse such violations. Ramar Communications, Inc. (KJTV(TV)), 9 FCC  X - x\Rcd 1831 (1994); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995);  X- x1Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Le Sea  X- x\Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977 (1995). Finally, the fact that WCIUTV  xmay have implemented, or may be implementing, policies to prevent subsequent violations of the  xCommission's children's television rules and policies does not relieve the licensee of liability for  XB- xviolations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969);  X-- xKEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd  X- x1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546  X- xl(1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these  X- xfactors warrants a forfeiture in the abovespecified amount of $10,000. Cf., Fox Television  X- xStations, Inc. (WTTG(TV)), 12 FCC Rcd 1357 (1997) ($10,000 forfeiture for eight overages,  X- xKincluding three programlength commercials);  Gannett Massachusetts Broadcasting, Inc. (WLVI X- xTV), 9 FCC Rcd 1555 (1994) ($10,000 forfeiture for seven overages, including four program X- xlength commercials); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994) ($10,000 forfeiture for six overages, including three 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. "!0*&&qq "Ԍ 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,  x\the license renewal application of Weigel Broadcasting Co., for station WCIUTV, Chicago, Illinois, File No. BRCT970801KM, IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Howard S. Shapiro, Esq. "K0*&&qq" LGallo/vsd/MMB n:\winapps\wpwin\kidvid\wciu.nal cc address: Weigel Broadcasting Co.  X1-Licensee, WCIUTV c/o Howard S. Shapiro Fleischman and Walsh, L.L.P. 1400 16th Street, NW Washington, DC 20036  Xb- $// WEIGEL BROADCASTING CO., WCIUTV (Chicago, IL) DA 98800 //$ $/ 300.503(b) FORFEITURES (NAL) /$  X-$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ?<#x6X@`7X@#