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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:"K"<%Heading 1Centered Headingcal Style 4G Y * Ã  Bullet ListIndented Bullet List *M0 Y XX` ` (#` "i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&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""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-  =47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter  X-  Lalia, limiting the amount of commercial matter that television stations may air during children's   programming, and to consider in its review of television license renewals the extent to which the   licensee has complied with such commercial limits. Accordingly, the Commission adopted   MSection 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial matter   which may be aired during children's programming to 10.5 minutes per hour on weekends and   12 minutes per hour on weekdays. The Commission also reaffirmed and clarified its long  standing policy against "programlength commercials." The Commission defined a "program  length commercial" as "a program associated with a product, in which commercials for that   yproduct are aired," and stated that the entire duration of any programlength commercial would   be counted as commercial matter for the purpose of the children's television commercial limits.  X!-  [Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd  X"-  5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's  X#-Television Programming, 6 FCC Rcd 5529, 5530 (1991).   ]On August 4, 1997, you filed a license renewal application (FCC Forms 303S) for station   WFLD(TV), Chicago, Illinois (File No. BRCT970804KE). In response to Section III, Question   M4 of that application, you certify that, during the previous license term, WFLD(TV) failed to"/'0*o(o(qq%"   comply with the limits on commercial matter in children's programming specified in Section   73.670 of the Commissions Rules. In Exhibit 4 to the renewal application, you indicate that   between March 7, 1993, and January 11, 1997, WFLD(TV) violated the children's television   commercial limits on 19 occasions. Of these commercial overages, eight were less than 30   jseconds in duration, eight were 30 seconds in duration, one was one minute and 15 seconds in   >duration and two were programlength commercials. You attribute 17 of these violations to   >human error, inadvertence, commercial makegoods, an employee's misunderstanding of the   children's television rules or misunderstandings between a distributor and the station with respect   \to inprogram barters. After each of these violations, you maintain, measures were taken to   correct the error so as to prevent a recurrence. As for the two remaining violations, you describe   @a 30second overage which occurred on November 11, 1993, as a result of a Beta cart   malfunction. The equipment involved in that violation was subsequently repaired. The other   violation, a tensecond overage which occurred on March 19, 1994, resulted from the broadcast   of a "Special News Report," which shifted commercial matter from 4:30 5:00 p.m. to 5:00   y5:30 p.m. You state that, following this violation, "Master Control was instructed to recompute the log whenever news specials air in or around children's programs."   As a preliminary matter we note that, in establishing rules and policies limiting the amount of   commercial matter which may be aired during children's programming, the Commission   specifically recognized that licensees may experience "occasional emergency scheduling   kchange[s]," and stated that such changes would be taken into consideration in determining   whether "extenuating circumstances" mitigated any resulting children's television commercial  X-  limit violations. See Children's Television Programming, supra, 6 FCC Rcd at 2126 n.123. On   reconsideration, the Commission affirmed this policy, stating that "where the facts demonstrate   that a slight overage is caused by a lastminute emergency scheduling change, we will consider  X-  such a lapse to be `de minimis.'" Children's Television Programming (Recon.), supra, 6 FCC   /Rcd at 5096. Although the overages which occurred on November 11, 1993, and March 19,   1994, did not involve schedule changes, we believe that the Beta cart malfunction and the   broadcast of the Special News Report constitute extenuating circumstances with regard to those  Xi-  overages. See, e.g., WHNS License Partnership (WHNS(TV)), 12 FCC Rcd 2394 (1997).  XT-  Accordingly, those overages shall be considered de minimis, and shall not be considered in   determining any sanction which may be appropriate for other children's television commercial  X(-limit violations reported by the licensee. Id.   WFLD(TV)'s record during the last license term of exceeding the Commission's commercial   limits on children's television programming on 17 occasions, including two programlength   commercials, constitutes a repeated violation of Section 73.670 of the Commission's Rules.   Accordingly, pursuant to Section 503(b) of the Communications Act, Fox Television Stations,   Inc. is hereby advised of its apparent liability for forfeiture in the amount of ten thousand dollars   ($10,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The   amount specified was reached after consideration of the factors set forth in Section 503(b)(2) of   the Communications Act, and, in particular, the following criteria: (1) the number of instances"[%0*&&qq $"  X-  of commercial overages; (2) the length and nature of each such overage; (3) the period of time   over which such overages occurred; (4) whether or not the licensee established an effective   program to ensure compliance; and (5) the specific reasons that the licensee gives for the   [overages. These criteria are appropriate in analyzing violations of the commercial limits during  X-  children's programming, since they take into account, inter alia, "the nature, circumstances,   jextent, and gravity of the violation, and, with respect to the violator, the degree of culpability,"  Xx-as required under 503(b)(2)(D) of the Communications Act.$r x) {O-  Zԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for the  {O-  hDistrict of Columbia set aside Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991), recon.  {O -  denied, 7 FCC Rcd 5339 (1992), revised, 8 FCC Rcd 6215 (1993), stating that the guidelines for assessing forfeitures   =established therein must be subject to public comment to comply with the Administrative Procedure Act. In  {O -  \accordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  {O -  ,Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  {O -  public in that proceeding, the Commission adopted Forfeiture Guidelines Report and Order in CI Docket No. 956,   {Ou -  12 FCC Rcd 17087 (1997) (Forfeiture Guidelines). Forfeiture Guidelines became effective on October 14, 1997.  {O?-  Z62 Fed. Reg. 43474 (August 14, 1997). However, with regard to (i) all cases pending when Forfeiture Guidelines   was adopted, and (ii) all cases involving "violations arising from facts that occurred before the effective date of th[at]   order," 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.$   When the Commission delayed the effective date of Section 73.670 of the Rules until January   1, 1992, we stated that "giving the additional time to broadcasters and cable operators before   compliance with the commercial limits is required will have the effect of enabling broadcasters  X -  >and cable operators to hone their plans to ensure compliance . . . . " Children's Television  X -  .Programming, supra, 6 FCC Rcd at 5530 n.10. Although WFLD(TV) appears to have made an   leffort to comply with the Commission's children's television commercial limits, that effort   ?apparently was not sufficient in light of the violations described in the station's renewal   \application. Further, two of the overages were programlength commercials. Congress was   particularly concerned about programlength commercials because young children often have   Ldifficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st   jSess. 24 (1989). Given this Congressional concern, the Commission made it clear that program XQ-  length commercials, by their very nature, are extremely serious violations of the children's   0television commercial limits, stating that the programlength commercial policy "directly   addresses a fundamental regulatory concern, that children who have difficulty enough   ydistinguishing program content from unrelated commercial matter, not be all the more confused  X-  by a show that interweaves program content and commercial matter." Children's Television  X-  Programming, supra, 6 FCC Rcd at 2118. Accordingly, the Commission has routinely assessed   higher 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.   The number and magnitude of overages at issue here mean that children have been subjected to   commercial matter greatly in excess of the limits contemplated by Congress when it enacted the"q 0*&&qq"  X-  Children's Television Act of 1990. Children's Television Programming, supra, 6 FCC Rcd at  X-  211718. WFLD(TV) offers human error, inadvertence, commercial makegoods, an employee's   misunderstanding of the children's television rules or misunderstandings between a distributor and   the station with respect to inprogram barters as reasons for the overages. The Commission,   however, has repeatedly rejected human error, inadvertence and/or misunderstanding as a basis  X-  for excusing violations of the children's television commercial limits.  See, e.g., UTV of San  Xz-  Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 (1995); LeSea Broadcasting Corp.  Xe-  L(WHKE(TV)), 10 FCC Rcd 4977 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10  XP-  FCC Rcd 4959 (1995); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957  X;-  (1995); and Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). Nor does the   xfact that WFLD(TV) may have implemented corrective measures to prevent subsequent violations   of the Commission's children's television rules and policies relieve the licensee of liability for  X -  kthe violations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794  X -  /(1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9  X -  .FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545,  X -2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).   Consideration of all of these factors warrants a forfeiture in the abovespecified amount of  Xv-  $10,000. In a similar case, WHNS License Partnership, supra, a $10,000 forfeiture was assessed   Lfor 18 commercial overages, one of which was a programlength commercial. 12 FCC Rcd 2394.   /There, we also determined that a computer malfunction, causing two overages, constituted   extenuating circumstances which mitigated WHNSTV's resulting children's television  X-  commercial limit violations. Id. at 2395. Accordingly, we deemed those overages to be de  X-  ]minimis, and did not consider them in assessing the forfeiture amount of $10,000. Id. In  X-  comparison, excluding the two de minimis overages we have found in this case, WFLD(TV) had   [one less conventional overage and one more programlength commercial than WHNSTV. We  X-  believe that WFLD(TV)'s violations are comparable to those in WHNS License Partnership and, therefore, conclude that a comparable forfeiture is appropriate.   \You are afforded a period of thirty (30) days from the date of this letter "to show, in writing,   why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture.   Any showing as to why the forfeiture should not be imposed or should be reduced shall include   Za detailed factual statement and such documentation and affidavits as may be pertinent." Section   1.80(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.   Notwithstanding the substantial nature of the violations described here and the severity with   jwhich we regard them, we find you qualified to remain a Commission licensee and conclude ""0*&&qqf!"   that grant of your application would serve the public interest, convenience and necessity.   ^Therefore, the license renewal application of Fox Television Stations, Inc., for station WFLD(TV), Chicago, Illinois, File No. BRCT970804KE, IS HEREBY GRANTED.  X- ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau Enclosures "0*&&qq" LGallo/vsd/MMB n:\winapps\wpwin\kidvid\wfld.nal  X_- $// FOX TELEVISION STATIONS, INC., WFLD(TV) (Chicago, IL) DA 98801 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  X -