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I.   23a7TechnicalTechnical Document Style(@D i) . 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:/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""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""time to a candidate, it "may not censor." Port Huron Broadcasting Corp, 12 FCC 1069, 1071  X1- x(1948). Although the no censorship provision is incorporated in the equal opportunities statute  X - xjof Section 315, we have held that this provision bars licensees from exercising censorship over  x[the content of political advertisements whether they are initial uses or responses to prior uses.  X - xHammond for Governor Committee, 69 FCC 2d 946 (B/cast Bur. 1978). As the Commission  X - x>stated in Liability of WANV, Inc., 58 FCC 2d 854, 857 (1976), "once a station has committed  xitself to make time available to particular candidates, it cannot withdraw its commitment because  X -of the substance of a candidate's use."   x It is undisputed that WMURTV failed to air "Kiss" on three occasions because of its  xcontent, and failed to air "Needle" twice for the same reason. WMURTV relies on the  XK- xCommission's decision in Petition for Declaratory Ruling Concerning Section 312(a)(7) of the  X4- x.Communications Act ("Declaratory Ruling"), 9 FCC Rcd 7638 (1994), to support its contention  xthat the station "channelled" the spots into more appropriate time periods, as opposed to having  X- xcensored them. Therein the Commission held that licensees could channel candidates'  x-advertisements containing graphic abortion imagery into time periods in which they in good faith  xNbelieve children are less likely to be in the audience. However, WMURTV's reliance on  X- xDeclaratory Ruling is misplaced. First, we note that the Court of Appeals has since vacated our  X- xzDeclaratory Ruling. See Daniel Becker v. FCC, No. 951048, D.C Cir., released Sept. 13, 1996.  X- x/ In any event , the Declaratory Ruling did not allow licensees to refuse to air advertisements  X|- xycontaining graphic abortion imagery, it merely held that airing such advertisements during time  Xe- xperiods when children were less likely to be in the audience violated neither Section 312(a)(7)  XN- xjnor the prohibition on censorship in Section 315(a). WMURTV did not reschedule "Kiss" and  x="Needle" to air at different times than those requested. Rather, the station refused to air them  X - xon five occasions and substituted a commercial more to its liking. Accordingly, it can not reasonably be said that WMURTV "channeled" the advertisements.  X-  x For similar reasons, we need not address WMURTV's assertion that channelling was"(0*(("  xpermissible because "Kiss" is indecent. As indicated above, the ads were not channelled but were  xMnot aired at all. Nor do we find persuasive WMURTV's argument that it could refuse to air  X- x"Needle" because, according to the station, it advocates "criminal activity." WMURTV points  xto no Commission precedent or policy that would permit it to refuse to air a political  xadvertisement in such circumstances, and, in any event, the ad apparently does not advocate  xcriminal activity. As SMPCC points out, and WMURTV does not dispute, the ad expressly  Xv-advises against drug use.0v@5 O< x-Ѝ #X\  P6G;QwP#WMURTV also contends that SMPCC's advertisements were of "inferior broadcast quality and [did]  xxnot meet technical standards." However, despite this contention, WMURTV did air the spots and we do not see  xhow, even if true, this assertion could be a justification for refusing to air two of the advertisements on five occasions and substituting the third one for them.   xIn light of the above, WMURTV, Manchester, New Hampshire IS ADMONISHED for  xzcensoring SMPCC's advertisements in violation of 47 U.S.C Section 315(a). Based upon the  xinformation currently available to the Enforcement Division, no further action by the Commission  x/is contemplated regarding this matter. However, it is expected that care will be exercised to  X -assure that such violations do not recur. This matter is being made a part of WMURTV's file. @5 O]< xЍ#X\  P6G;QwP# SMPCC requests that the Commission award it damages including attorney's fees. However, neither the Communications Act nor the Commission's rules provide for such relief.   xStaff action is taken here under delegated authority. Application for Review by the full  xMCommission may be requested within thirty days of the release date of this letter. [47 C.F.R.  xjSection 1.4(b)] by writing to the Secretary, Federal Communications Commission, Washington,  x<D.C. 20554, stating the factors warranting consideration and, if mailed, should be sent by certified mail. Copies must be sent to the parties to the complaint. 47 C.F.R. Section 1.115 x` `  hh@h  X-x` `  hh FEDERAL COMMUNICATIONS COMMISSION x` `  hhNorman Goldstein x` `  hhChief, Complaints and x` `  hhPolitical Programming Branch  Xe-x` `  hhEnforcement Division  xx 0(#(#Xx` `  hhMass Media Bureau