WPCm2 2BJZ Courier3|x:Wx6X@`7X@HP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSx  @\z$^X@266 ZFKK3|xHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\z$^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  X- 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).  xOn December 1, 1997, you filed an application for renewal of license (FCC Form 303S) for  xstation KDVR(TV), Denver, Colorado (File No. BRCT971201KK). In response to Section III,  xQuestion 4 of that application, you certify that during the previous license term KDVR(TV) failed  xto comply with the limitations on commercial matter in children's programming specified in  xMSection 73.670 of the Commission's Rules. In Exhibit 4 to that application, you indicate that  xbetween September 23, 1992, and December 8, 1995, KDVR(TV) violated the children's"(,**qq'"  x>television commercial limits on 16 occasions. Of these 16 overages, three were less than 30  xZseconds in duration, four were 30 seconds in duration, two were 45 seconds in duration, two were  xone minute in duration, two were one and a half minutes in duration and three were program xlength commercials. You attribute nine of the conventional overages to commercial makegoods  xyand assert that written directives and warnings "never to deviate from the log during children's  xprogramming" were issued to the station's Master Control and Engineering personnel. The  xremaining seven overages resulted from inadvertence and/or human error. You maintain that no  x=overages have occurred since the beginning of 1996, when "station management reviewed the  xexcessive commercial overage situation and instituted a `zero tolerance' policy at the station,  xincluding checkpoints at every state of the commercial logging process and involving staff from the Sales, Programming, Traffic and Engineering Departments."  xKDVR(TV)'s record during the last license term of exceeding the Commission's commercial  xlimits on children's television programming on 16 occasions, three of which were programlength  xcommercials, constitutes a repeated violation of Section 73.670 of the Commission's Rules.  xKAccordingly, pursuant to Section 503(b) of the Communications Act, Fox Television Stations Inc.  xis hereby advised of its apparent liability for forfeiture in the amount of eleven thousand, five  xhundred dollars ($11,500) 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:  X4- 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  X- 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.  {OK- 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.  {Os - 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.(  xAs discussed above, KDVR(TV) exceeded the children's television commercial limits on 16  xjoccasions. This is a significant number of violations. Overages of this number and magnitude  xmean that children have been subjected to commercial matter greatly in excess of the limits  X9- xcontemplated by Congress when it enacted the Children's Television Act of 1990. Children's  X$- xTelevision Programming, supra, 6 FCC Rcd at 211718. In this regard, three of the overages"$ ,))qq>"  xLwere programlength commercials. Congress was particularly concerned about programlength  xycommercials because young children often have difficulty distinguishing between commercials  xand programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). Given this Congressional  xconcern, the Commission made it clear that programlength commercials, by their very nature,  X- xare extremely serious violations of the children's television commercial limits, stating that the  xprogramlength commercial policy "directly addresses a fundamental regulatory concern, that  xchildren who have difficulty enough distinguishing program content from unrelated commercial  x-matter, not be all the more confused by a show that interweaves program content and commercial  XH- x matter." Children's Television Programming, supra, 6 FCC Rcd at 2118. Accordingly, the  x[Commission has routinely assessed higher forfeitures for programlength commercials than for  X - xa greater number of conventional overages. See, e.g., Channel 39 Licensee, Inc. (WDZL(TV), 12 FCC Rcd 14012, 14015 n.3.  x<The violations occurred, moreover, over an extended period of approximately three years and two  xmonths. When the Commission delayed the effective date of Section 73.670 of the Rules 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  Xh- xTelevision Programming, supra, 6 FCC Rcd at 5530 n.10. Although KDVR(TV) appears to have  xMmade an effort to comply with the Commission's children's television commercial limits, that  xeffort apparently was not sufficient in light of the violations described in the station's renewal  xMapplication. In addition, the only reasons cited by KDVR(TV) for the commercial overages,  xyinadvertence and human error, do not mitigate or excuse such violations. The Commission has  xrepeatedly rejected inadvertence and human error as a basis for excusing violations of the  X- xchildren's television commercial limits.  See, e.g., LeSea Broadcasting Corp. (WHKE(TV)), 10  X- xkFCC Rcd 4977 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959  X- x(1995); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Ramar  X- xCommunications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). Furthermore, while corrective  x.actions may have been taken to prevent subsequent violations of the Commission's children's  xtelevision rules and policies, this does not relieve KDVR(TV) of liability for violations which  X^- xhave occurred. See, e.g., WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995); Mountain States  XI- x?Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); R&R Media Corporation  X4- x[(WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994);  International Broadcasting Corp., 19 FCC 2d 793,  X-794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993).  xConsideration of all of these factors warrants a forfeiture in the abovespecified amount of  X - xL$11,500. By way of comparison, in Television Marketing Group of Memphis, Inc. (WLMT(TV)  X!- x.and WMTU(TV)), 12 FCC Rcd 15309 (1997), we assessed a $12,500 forfeiture for 14 commercial  xlimit violations consisting of four programlength commercials, one oneminute overage and nine  x30second overages, which occurred over a period of approximately three years and two months.  X$- xIn another case, WHNS License Partnership (WHNS(TV)), 12 FCC Rcd 2394 (1997), we assessed  xa $10,000 forfeiture for 18 commercial limit violations consisting of one programlength  xcommercial, two oneminute overages and 15 30second overages, which occurred over a period  XA'- xzof approximately four years and three months. When viewed against Television Marketing"A',))qq%"  X- xGroup, KDVR(TV) had one less programlength commercial, but a higher number of total  xoverages. On the other hand, KDVR(TV) had more programlength commercials, but fewer total  X- xoverages, occurring over a shorter time period than in WHNS License Partnership. The violations  xin all three cases, however, occurred over an extended period of time of at least three years. For  xthese reasons, we find that the number and nature of the violations in the instant case fall between  X- xthose involved in Television Marketing Group and WHNS License Partnership. Therefore, having  X|- xconsidered the forfeiture amounts assessed in Television Marketing Group and WHNS License  Xg- xPartnership, as well as the five criteria we use in analyzing violations of the commercial limits  XR- xduring children's programming, we conclude that a forfeiture of $11,500 is appropriate in this case.  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  x=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.  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,  xthe license renewal application of Fox Television Stations Inc. for station KDVR(TV), Denver, Colorado, File No. BRCT971201KK, IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures "!,))qq " LGallo/vsd/MMB n:\winapps\wpwin\kidvid\kdvr.nal  Xv- $//FOX TELEVISION STATIONS INC., KDVR(TV) (Denver, CO) DA  $J 98974 $J  //$ $/ 300.503(b) FORFEITURES (NAL) /$  X -$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ? <#x6X@`7X@#