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These criteria are appropriate in  xanalyzing violations of the commercial limits during children's programming, since they take into  X4- xzaccount, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with  x?respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the  X-Communications Act.Z ) X- x/#Xj\  P6G;ynXP#э In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court  Xh- xof Appeals for the District of Columbia set aside Policy Statement/Assessing Forfeitures, supra,  xstating that the guidelines for assessing forfeitures established therein must be subject to public  x/comment to comply with the Administrative Procedure Act. In accordance with the court's  X#- xydecision, the Commission released Forfeiture Guidelines Notice of Proposed Rulemaking in CI  X - xDocket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  X- xipublic in that proceeding, the Commission adopted guidelines for assessing forfeitures. Forfeiture  X- x?Guidelines Report and Order in CI Docket No. 956,   FCC Rcd  (FCC 97218, adopted  X- x]June 19, 1997, released July 28, 1997)("Forfeiture Guidelines"). Forfeiture Guidelines, id.,  xbecame effective on October 14, 1997. 62 Fed. Reg. 43474 (August 14, 1997). However, with  X- xregard to (i) all cases pending when Forfeiture Guidelines, supra, was adopted, and (ii) all cases  xLinvolving "violations arising from facts that occurred before the effective date of th[at] order,"  xMforfeiture amounts are to be assessed "under the casebycase approach in effect when the  x_violation occurred," in conformity with the standards set out in Section 503 of the  X=#-Communications Act. Id. at 49.Z  xWHMBTV exceeded the children's television commercial limits on 109 occasions during a one"70*&&qq6"ԫ xyyear period. This is a very high number of violations. In addition, 68 of the overages were one  xminute or longer in duration, and 13 of those were two minutes or longer in duration. Overages  xof this number and duration mean that children have been subjected to commercial matter greatly  xin excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990.  xjFurther, the only explanations offered for the violations are human error and misunderstanding  xof the Commission's rules. The Commission has consistently rejected human error, inadvertence  xiand/or misunderstanding of the rules as a basis for excusing violations of the children's television  X1- xcommercial limits. See, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986,  X - x\10987 & Note 1; Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960  X - x(1995); Gannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar  X - xCommunications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). When the Commission delayed  x/the effective date of Section 73.670 of the Rules from October 1, 1991, until January 1, 1992,  xiwe stated that "giving the additional time to broadcasters...before compliance with the commercial  xlimits is required will have the effect of enabling broadcasters...to hone their plans to ensure  X- x compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. In view  xof the violations cited and the explanations offered, it is apparent that the licensee initially failed  x[to establish an effective program to ensure compliance with the commercial limits, and failed to  x notice or rectify this deficiency for one year. The fact that WHMBTV may have belatedly  ximplemented policies and procedures to prevent subsequent violations of the Commission's  xMchildren's television rules does not relieve the licensee of liability for violations which have  X- xMoccurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV, supra 10  X- x^FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation  X- x(WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980  x(1995). Consideration of all of these factors warrants a forfeiture in the abovespecified amount  X- x>of $27,500. See Independent Communications, Inc. (KTTM(TV) & KTTW(TV)), 8 FCC Rcd  x>7886 (1993). In that case, a forfeiture of $27,500 was assessed for 121 commercial overages,  x51 of which were greater than one minute in duration. Since we find the violations in the instant  xycase (109 violations, including 68 overages one minute or longer in duration) to be comparable, we conclude that a comparable forfeiture is appropriate.  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. "Q%0*&&qq $"  xAccordingly, the application of LeSea Broadcasting Corporation, for renewal of license for Station WHMBTV, Indianapolis, IN (BRCT970401KO), is hereby GRANTED. x` `  hh@ This letter was adopted by the Commission on January 16, 1998. x` `  hh@BY DIRECTION OF THE COMMISSION  XH-x` `  hh@Magalie Roman Salas  xx 0(#(#Xx` `  hh@Secretary Enclosure cc: John E. Fiorini III, Esq.