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X- X   N X-w  Federal Communications Commission`)(# DA 972419 ă  yxdddy v3#X\  P6G;IP# Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  XA-#Xj\  P6G; XP#In the Matter of hh@hpp)  X*-Liability of` `  hh@hpp) x` `  hh@hpp)  X-SCRIPPS HOWARD BROADCASTING COMPANYpp)  X-Licensee of Television Stationhh@hpp)  X-KNXVTV, Phoenix, Arizonahh@ hpp) x` `  hh@hpp)  X -for a Forfeiture hh@hpp)  Xr -  MEMORANDUM OPINION AND ORDER TP  XD -X` hp x (#%'0*,.8135@8:the extent to which the licensee has complied with such commercial limits. Pursuant to this  xstatutory mandate, the Commission adopted Section 73.670 of the Rules, which limits the amount  x>of commercial matter which may   be aired during children's programming to 10.5 minutes per  xhour on weekends and 12 minutes per hour on weekdays. The Commission also reaffirmed and  xxclarified its longstanding policy against "programlength commercials". The Commission defined  x[a "programlength commercial" as "a program associated with a product, in which commercials  xfor that product are aired", and stated that the entire duration of any programlength commercial  x=would be counted as commercial matter for the purpose of the children's television commercial  X#- xlimits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6  xFCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992.  X$-Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991)."$,))ZZ#"Ԍ  ԙx3. On June 1, 1993, Scripps Howard filed an application for renewal of license for  xLKNXVTV, Phoenix, Arizona, File No. BRCT930601KR. The response to Question 9(b) of that  xapplication stated that KNXVTV had complied with the limits on commercial matter in  xLchildren's programming. However, Exhibit 3 to that renewal application stated that, during one  xbroadcast of the children's program "Ducktales", a commercial announcement for a breakfast  x=cereal included an offer of free character figures, including one character from the "Ducktales"  x0program. Exhibit 3 further stated that commercial announcements for "Hook" toys were  X_- xbroadcast during the program "Peter Pan and the Pirates" on four occasions. In KNXVTV NAL,  XH- xKsupra, the Chief of the Mass Media Bureau determined that the five incidents described in Exhibit  x3 to KNXVTV's renewal application constituted programlength commercials. Accordingly,  x-pursuant to delegated authority, the Chief of the Mass Media Bureau determined that a forfeiture  X - xin the amount of $10,000 was appropriate for those five programlength commercials. KNXV X -TV NAL, supra 9 FCC Rcd at 2547.  X -  x4. In its response to KNXVTV NAL, supra, Scripps Howard asserts with regard to the  x broadcast of the commercial announcement for "Hook" toys during the "Peter Pan and the  x-Pirates" program that the products advertised were related to the motion picture "Hook", and not  xto the "Peter Pan and the Pirates" television program. With regard to the "Ducktales" incident,  xLScripps Howard states that the breakfast cereal commercial announcement was a "barter spot"  xbuilt into the program when it was received by the station; and that KNXVTV had relied on the program producer for compliance with the Commission's children's television commercial limits.  X-/DISCUSSIONă   2x5. In the Children's Television Act of 1990, Congress directed the Commission to  xestablish specified rules and policies regulating commercial practices for children's television  xprogramming explicitly because of the demonstrated fact that "young children have a difficult  X- xOtime distinguishing commercials from programming."eD yO -ԍ S. Rep. No. 101227, 101st Cong., 1st Sess. 910, 24 (1989)e Thus, in Children's Television  X|- xProgramming, supra 6 FCC Rcd at 2118, the Commission stated that its programlength  xcommercial policy "directly addresses a fundamental regulatory concern, that children who have  xdifficulty enough distinguishing program content from unrelated commercial matter, not be all  x{the more confused by a show that interweaves program content and commercial matter."  xAccordingly it is clear that, in interpreting and applying the Commission's policies regarding  xprogramlength commercials, we are concerned about and dealing with the cognitive abilities of young children, not adults.   x6. In this context, Scripps Howard's arguments concerning the commercial  xannouncements for "Hook" toys broadcast during the children's television program "Peter Pan and  xthe Pirates" are without merit. Scripps Howard argues that the "Hook" toy commercial  x=announcements are related to the motion picture "Hook", which, it asserts, "is no more related  Xh$- xto 'Peter Pan and the Pirates' than it is to the Mary Martin version of Peter Pan." However, all"h$X,-(-(ZZF#"  xof these versions of "Peter Pan" are, in fact, based upon the classic children's story "Peter Pan"  xyby James M. Barrie, and, most significantly for our purposes, they all have common characters,  X- x.e.g., Peter Pan, Tinker Bell, Wendy, Captain Hook, etc. In the context of the cognitive abilities  xof young children, it is clear that there is the potential for confusion between a commercial  xannouncement for toy figures of the Peter Pan or Captain Hook characters from the movie  x"Hook" and the Peter Pan or Captain Hook characters in the children's television cartoon series  x"Peter Pan and the Pirates". Where there is such clear potential for confusion in the minds of young children, the Commission's programlength commercial policy is applicable.   /x7. With regard to the "Ducktales" broadcast which contained a commercial announcement  xfeaturing an offer of free character figures, the assertion that this programlength commercial  xviolation occurred as a result of material included in the program by the program's producer does  xnot absolve KNXVTV of responsibility for the violation. The Commission has consistently held  xthat a licensee's reliance on a program's source or producer for compliance with our children's  X -television rules and policies will not excuse or mitigate violations which do occur.oX D yO7- x>ԍ See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield  yO- xTelevision, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited Partnership  yO-(WFXT(TV)), 10 FCC Rcd 6686 (1995). o   x8. Accordingly, IT IS ORDERED THAT the Response to Notice of Apparent Liability  xfiled by Scripps Howard Broadcasting Company requesting reconsideration of the forfeiture  Xb- xassessed in KNXVTV NAL, supra, IS DENIED. IT IS FURTHER ORDERED THAT, pursuant  xto Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), Scripps  xHoward Broadcasting Company, licensee of Television Station KNXVTV, Phoenix, Arizona,  xFORFEIT to the United States the sum of ten thousand dollars ($10,000) for willful and repeated  xviolations of Section 73.670 of the Commission's Rules, 47 C.F.R. 73.670. Payment of the  xforfeiture may be made by mailing to the Commission a check or similar instrument payable to  xthe Federal Communications Commission. With regard to this forfeiture proceeding, Scripps  X- x/Howard Broadcasting Company may take any of the actions set forth in Section 1.80 of the  xCommission's Rules, 47 C.F.R. 1.80, as summarized in the attachment to this Memorandum Opinion and Order. x FEDERAL COMMUNICATIONS COMMISSION x Roy J. Stewart x Chief, Mass Media Bureau cc: Donald Zeifang, Esq.  X!- Attachment "!,-(-(ZZ "  X-kknxvrd3.rel  ?<#n6X@`7Fc&@##x6X@`7>fX@#  }:< #n6X@`7Fc&@#$// SCRIPPS HOWARD BCSTNG CO., KNXVTV (PHOENIX, AZ) DA 972419 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  ? < #x6X@`7>fX@#