WPC/ 2BJZ Courier3|jx6X@`7X@HP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSx  @\,$:`X@266 ZFKK3|jHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\,$:`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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` a8DocumentgDocument Style StyleXX` `  ` 2 pk< k  a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2 v t_  m a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  B  Ja3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h 2;a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(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 Technical2j5a1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   21Ca3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2c3e 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""WFTE(TV) exceeded the children's television commercial limits on 106 occasions. This is a",))qq"  xvery high number of violations. In addition, 36 of the overages were one minute or longer in  xKduration, and four were programlength commercials. Congress was particularly concerned about  xxprogramlength commercials because young children often have difficulty distinguishing between  x=commercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). Overages of this  xnumber, nature and magnitude mean that children have been subjected to commercial matter  xgreatly in excess of the limits contemplated by Congress when it enacted the Children's  xTelevision Act of 1990. Further, the violations occurred from March 16, 1994, to September 2, 1996, an extended period of two years and six months.  x=Finally, the only explanations offered for the violations are inadvertence, human error and/or a  x-misunderstanding by station personnel as to the application of the commercial limits to children's  X - xprograms of less than one hour's duration. Initially, we note that in Children's Television  X - xLProgramming, supra, the Commission clearly established its policy concerning proration of the commercial limits to programs of less than an hour, stating:  ` XxX` ` [W]here a halfhour "island" of children's programming airs in the midst of adult  ` Aviewing, the limits should apply on a proportionate basis....Thus, a weekend half ` `hour children's program would be limited to 5.25 minutes of commercials, and a weekday halfhour program to 6 minutes.(#`  X4- xId., 6 FCC Rcd at 2112, 2124 n.33. This policy was specifically affirmed on reconsideration.  X- x@Children's Television Programming/Recon., supra, 6 FCC Rcd at 509596 & n.32. The  xCommission has repeatedly rejected misunderstanding of the rules, human error and/or  xinadvertence as a basis for excusing violations of the children's television commercial limits.  X- xzSee, e.g., UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10987 & Note 1 (1995);  X- x Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995); Gannett  X- xMassachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications,  X- x]Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); WKBD, Inc., 8 FCC Rcd 5079 (1993). In view of  x=the violations listed in WFTE(TV)'s renewal application and the explanations offered for those  x>violations, it is clear that WFTE(TV) failed to establish an effective program to monitor and  xensure compliance with the children's television commercial limits. The fact that WFTE(TV)  xmay have belatedly implemented policies to prevent subsequent violations of the Commission's  xzchildren's television rules and policies does not relieve the licensee of liability for violations  X - x=which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHKTV,  X- xAsupra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media  X- xCorporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc.  X - x0(KMSBTV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).  xConsideration of all of these factors warrants a forfeiture in the abovespecified amount of  Xh$- xz$27,500. In a similar case, Independent Communications, Inc. (KTTM(TV) & KTTW(TV)), 8  xFCC Rcd 7886 (1993), the Commission assessed a forfeiture of $27,500 for 121 commercial  xzviolations, including 51 one minute or longer overages, which occurred over a sevenmonth  X#'- xperiod. More recently, in LeSea Broadcasting Corporation (WHMBTV), FCC 985 (released  xJanuary 26, 1998), the Commission assessed a $27,500 forfeiture for 109 commercial violations," (,))qq&"  xincluding 68 one minute or longer overages, which occurred over a one year period. Here,  x=WFTE(TV) exceeded the children's television commercial limits on 106 occasions, including 36  xLoverages one minute or longer in duration and four programlength commercials, over a period  X- x=of two and a half years. Compared to Independent Communications and LeSea Broadcasting,  xkWFTE(TV) had fewer total overages which occurred over a longer period of time. We note,  xhowever, that the period of time over which the overages occurred is only one of the five criteria  Xx- xwe consider in assessing the forfeiture amount. In addition, Independent Communications and  Xa- xZLeSea Broadcasting involved no programlength commercials, whereas WFTE(TV) had four such  xoverages. As discussed above, Congress was particularly concerned about programlength  xcommercials because of the difficulty that young children often have in distinguishing between  xcommercials and programs. In view of this Congressional concern, the Commission made it clear  X - xthat programlength commercials, by their very nature, are extremely serious violations of the  x{children's television commercial limits, stating that the programlength commercial policy  x"directly addresses a fundamental regulatory concern, that children who have difficulty enough  xydistinguishing program content from unrelated commercial matter, not be all the more confused  X - xkby a show that interweaves program content and commercial matter." Children's Television  X- xLProgramming, supra, 6 FCC Rcd at 2118. Accordingly, the Commission has routinely assessed  xhigher forfeitures for programlength commercials than for a greater number of conventional  Xd- xoverages. See, e.g., Channel 39 Licensee, Inc. (WDZL(TV), 12 FCC Rcd 14012, 14015 n.3.  xFor these reasons, we find the violations in the instant case to be comparable to those in  X6- xkIndependent Communications and LeSea Broadcasting, and 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  xthat grant of your application would serve the public interest, convenience and necessity. " ,))qq"  xAccordingly, the application of Kentuckiana Broadcasting, Inc., for renewal of license for Station WFTE(TV), Salem, Indiana (BRCT970401KM), is hereby GRANTED.  X- This letter was adopted by the Commission on March 16, 1998. x` `  hh@BY DIRECTION OF THE COMMISSION x` `  hh@Magalie Roman Salas x` `  hh@Secretary cc: Dan J. Alpert, Esq.  X -Enclosure