WPC{3 2BJ Z Courier3|jTimes New Roman Bold P6G;XPHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\z$^XP246KFKDTimes New Roman"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$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 ` 2 v[ p kA k a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# 2rI v td a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# 2O  G  a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# 2@a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p 2:Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2Ha2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   2%"h3!a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""In the Children's Television Act of 1990, Pub. L. No. 101437, 104 Stat. 9961000, codified at  Xg- x=47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter  XR- 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  xzSection 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  xLon weekdays. The Commission also stated that a program associated with a product, in which  x?commercials for that product are aired, would cause the entire program to be counted as  X!- x[commercial time (a "programlength commercial"). Children's Television Programming, 6 FCC  X"- xRcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). These commercial  X#- xlimitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).  x]On February 2, 1998, you filed an application for renewal of license (FCC Form 303S) for  xstation KTKATV, Topeka, Kansas (File No. BRCT980202KV). In response to Section III,  xQuestion 4 of that application, you certify that during the previous license term KTKATV failed  xto comply with the limitations on commercial matter in children's programming specified in"),**qq'"  xMSection 73.670 of the Commission's Rules. In Exhibit 3 to that application, you indicate that  x?between May 31, 1994, and January 1, 1997, KTKATV violated the children's television  xcommercial limits on four occasions. Of these four overages, one was four seconds in duration  xand three were programlength commercials. The first programlength commercial you describe  x=occurred on November 17, 1995, when a commercial for Honey Nut Cheerios containing a five x-second tag for "free Goosebump milk caps in marked boxes of Honey Nut Cheerios," aired during  xthe "Goosebumps" program. You attribute the foursecond conventional overage and the  xNovember 17 programlength commercial to inadvertence or human error, and assert that KTKA xTV took steps to prevent such violations from recurring. The remaining two programlength  x=commercials you report occurred on May 31 and June 1, 1994, and involved the broadcast of a  x/commercial for the Worlds of Fun theme park during the "Garfield" program. In addition to  x<containing a "very brief" appearance of an actor dressed in Garfield costume, the commercial also  X - xmentioned an event at Worlds of Fun called "Garfield Magic Show." J yOe -ԍ The commercial aired twice during the May 31 "Garfield" program, and once during the June 1 program. You contend, however,  xthat "since the offending image was of a fleeting nature" it "could not reasonably be deemed to  xhave contaminated the entire program to such an extent as to make it all a program length  xcommercial," and that the May 31 and June 1 incidents were reported for information purposes. You further state that: x XxAlthough it is often difficult to catch a situation which involves only a very fleeting (# ximage or mention of a character not otherwise associated with the product or service xwhich is the actual focus and/or sponsor of the ad in question, KTKATV has taken xand will continue to take such steps as are reasonably possible to ensure that, wherever xpossible, such instances are detected and that ads which contain even fleeting images xor mentions of characters are not scheduled during a children's program which features xsuch characters.  xKTKATV's record during the last license term of exceeding the Commission's commercial limits  xon children's television programming on four occasions, three of which were programlength  xcommercials, constitutes a repeated violation of Section 73.670 of the Commission's Rules.  xAccordingly, pursuant to Section 503(b) of the Communications Act, Northeast Kansas Broadcast  xService, Inc. is hereby advised of its apparent liability for forfeiture in the amount of seven  x.thousand, five hundred dollars ($7,500) for its apparent repeated violation of Section 73.670 of  x-the Commission'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:  X- 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  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,))qqe""  X-degree of culpability," as required under  503(b)(2)(D) of the Communications Act.'r J {Oy- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for  {OC- 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.  {O- xIn accordance with the court's decision, the Commission released Forfeiture Guidelines Notice of Proposed  {Oi- x,Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  {O3- 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.  {O- 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, KTKATV exceeded the children's television commercial limits on four  xoccasions over an extended period of approximately two years and seven months. When the  xCommission delayed the effective date of Section 73.670 of the Rules until January 1, 1992, we  xstated that "giving the additional time to broadcasters and cable operators before compliance with  x-the commercial limits is required will have the effect of enabling broadcasters and cable operators  X_- x[to hone their plans to ensure compliance . . . . " Children's Television Programming, supra, 6  x[FCC Rcd at 5530 n.10. Although KTKATV appears to have made an effort to comply with the  xCommission's children's television commercial limits, that effort apparently was not sufficient  x\in light of the violations described in the station's renewal application. Further, three of the  xoverages were programlength commercials. Congress was particularly concerned about program xlength commercials because young children often have difficulty distinguishing between  xlcommercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). Given this  xCongressional concern, the Commission made it clear that programlength commercials, by their  X - xvery nature, are extremely serious violations of the children's television commercial limits, stating  x-that the programlength commercial policy "directly addresses a fundamental regulatory concern,  xlthat children who have difficulty enough distinguishing program content from unrelated  x-commercial matter, not be all the more confused by a show that interweaves program content and  XM- x"commercial matter." Children's Television Programming, supra, 6 FCC Rcd at 2118.  x/Accordingly, the Commission has routinely assessed higher forfeitures for programlength  X!- xKcommercials than for a greater number of conventional overages. See, e.g., Channel 39 Licensee,  X -Inc. (WDZL(TV), 12 FCC Rcd 14012, 14015 n.3.  xThe number and magnitude of overages at issue here mean that children have been subjected to  xcommercial matter greatly in excess of the limits contemplated by Congress when it enacted the  X- xChildren's Television Act of 1990. Children's Television Programming, supra, 6 FCC Rcd at  x211718. The only reasons cited by KTKATV for the commercial overages, inadvertence and  xhuman error, do not mitigate or excuse such violations. The Commission has repeatedly rejected  x/inadvertence and human error as a basis for excusing violations of the children's television  XX- x[commercial limits.  See, e.g., LeSea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977 (1995);  XC- xBuffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959 (1995); Act III"C ,))qq]"  X- xBroadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Ramar Communications,  X- xInc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). Furthermore, while corrective actions may have been  xtaken to prevent subsequent violations of the children's television rules and policies, this does not  X- xzrelieve KTKATV of liability for violations which have occurred. See, e.g., WHP Television,  X- xzL.P., 10 FCC Rcd 4979, 4980 (1995); Mountain States Broadcasting, Inc. (KMSBTV), 9 FCC  X- xRcd 2545, 2546 (1994); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994);   X- xMInternational Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993).  X=- xL We disagree, moreover, with your contention that the fleeting nature of the Garfield image and  xthe mention of the "Garfield Magic Show" in the commercial for Worlds of Fun did not create  xa programlength commercial when it ran during the "Garfield" program. It is wellestablished  xjthat the determination as to whether a particular program is a programlength commercial is not  x[dependent on the duration of the appearance of the programrelated product in the commercial  x.announcement. The Commission has stated on numerous occasions that, where a commercial  xjannouncement includes a product related to the program in which the commercial is broadcast,  xthen the program is a programlength commercial regardless of the duration of the appearance  X- xof the programrelated product in the commercial. UTV of San Francisco, Inc. (KBHKTV), 10  Xp- x>FCC Rcd 10986, 10988 (1995); see also Act III Broadcasting License Corp. (WUTV(TV)), 10  X[- xFCC Rcd 4957 (1995), aff'd, DA 972534 (released Dec. 4, 1997) (commercial for a fast food  xrestaurant promoting a trip to Disney World as a contest prize contained a brief image of Goofy and aired during the program "Goof Troop").  xGiven all of these considerations, KTKATV's violation of Section 73.670 of the Commission's  x[rules on four occasions, three of which were programlength commercials, warrants a forfeiture  X- xin the abovespecified amount of $7,500. In a similar case, LeSea Broadcasting Corp.  X- x(WHKE(TV)), 10 FCC Rcd 4977 (1995) (LeSea Broadcasting), we assessed a forfeiture of $7,500  xforfeiture for three commercial overages, all programlength commercials, which occurred over  xa period of approximately two months. There, the licensee attributed the violations to the failure  xof WHKE(TV)'s master control operator to delete commercial or promotional announcements  x=which were included in, and contained material related to, the children's programs provided by  XM- xan independent program supplier. More recently, in Second Generation of Iowa, Ltd.  X8- xk(KFXA(TV)), DA 98304 (rel. Feb. 19, 1998) (Second Generation), and Dubuque TV Limited  X#- xPartnership (KFXB(TV)), DA 98305 (rel. Feb. 19, 1998) (Dubuque TV), we likewise assessed  xforfeitures in the amount of $7,500, each case involving three programlength commercials which  xoccurred over a fourday period and were attributed to inadvertent scheduling errors. Compared  X - xxto LeSea Broadcasting, Second Generation and Dubuque TV, KTKATV also had three program xMlength commercials, but involved a conventional overage of fourseconds as well. Though  X"- xKTKATV's violations occurred over a longer period of time than those involved in LeSea  X#- xBroadcasting, Second Generation and Dubuque TV, we note that the period of time over which  xkthe overages occurred is only one of the five criteria we consider in assessing the forfeiture  xamount. For all of these reasons, we find the violations here, on balance, to be comparable to  X\&- xithose in LeSea Broadcasting, Second Generation and Dubuque TV. Therefore, we conclude that a comparable forfeiture is appropriate."G',))qq%"Ԍ x\ԙYou 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  xa detailed factual statement and such documentation and affidavits as may be pertinent."  xSection 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 Northeast Kansas Broadcast Service, Inc., for station KTKATV, Topeka, Kansas, File No. BRCT980202KV, 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\ktka. $SY nal $SY   X_- $// Northeast Kansas Broadcast Service, Inc., KTKATV (Topeka, Kansas) DA 981495 //$ $/ 300.503(b) FORFEITURES (NAL) /$  X -$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ? <#x6X@`7X@#