WPC4 2BJZ Courier3|j:Wx6X@`7X@HP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSx  @\z$^X@266 ZFKK3|jHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\z$^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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""\4  pG;,W!@(#,h@\  P6G;hP-H5!,),5\  P6G;,P<~9nnn,%n6X@`7&@}:nnn,-n `7&<?xxx,%x6X@`7X@ ?xxx,-x `7X<I,%G6X@`7@ I,-+G `7\/5hC:,:rXh*f9 xr G;XX\{,W80,:BZW*f9 xr G;X$"OOOO[[`*(0&/tF^GE > /t _I ` a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2Pk_k5va6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2!t   3!BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2$  " "m#,$a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 2(&%%&'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 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  24+(X))*a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2-f+ ,,T-a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 2(43 .?/eC33Doc 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:certified that the station had not so complied. In Exhibit 2 to the application PonceNicasio   1revealed that from January 26, 1992, to July 26, 1992, station KSPX(TV) exceeded the   commercial limits on children's programming on 27 occasions. All 27 instances were program  length commercials involving a program entitled "Quigley's Village." PonceNicasio stated that   =station KSPX(TV) did not add any commercial matter to "Quigley's Village," but did broadcast   "some of the commercial messages included by the barter distributor." PonceNicasio further   stated that station KSPX(TV) substituted public service announcements and station identification   announcements for the barter distributor's commercial messages where "program characters   /promoted the purchase of Quigley's Village memberships," but initially did not delete other   icommercial messages which promoted "Quigley's Village" products because of the station's belief   ythat it "was not required where program characters were not involved in promoting" the sale or   purchase of programrelated products. PonceNicasio maintained that, upon learning in July,  X%-  1992, that a question had been raised concerning the "Quigley's Village" membership messages,  X-  >station KSPX(TV) modified its policy and deleted all such announcements. Finally, Ponce X-  Nicasio asserted that the broadcast of these programlength commercials was unintentional, and that station KSPX(TV) had instituted procedures to prevent any recurrence.  X- 4. In PonceNicasio NAL, the Commission considered the factors set forth in Section   503(b)(2) of the Communications Act, and, in particular, the following criteria: (1) the number   of instances of commercial overages; (2) the length of each such overage; (3) the period of time   over which such overages occurred; (4) whether or not the licensee established an effective   program to ensure compliance; and (5) the specific reasons that the licensee gives for the   =overages. The Commission stated that the 27 commercial overages constituted a high number   of violations; that all 27 of the overages were programlength commercials; and that, in enacting   the Children's Television Act, Congress was particularly concerned about programlength   commercials because young children often have difficulty distinguishing between commercial   .matter and programming. Further, the Commission stated that the definition of, and policy on,  X -  \children's programlength commercials are clearly and specifically established in Children's  X!-  Television Programming, 6 FCC Rcd at 211718, and that, in the absence of extraordinary   jdifficulties or circumstances, a licensee's assertion that it did not understand the Commission's"",-(-(ZZ!"   jchildren's television policies does not relieve that licensee of liability for forfeiture for violation   0of those policies. Finally, the Commission stated that, although it appeared that station   KSPX(TV) had made some effort to comply with the Commission's children's television rules   Land policies, that effort clearly was not sufficient or effective in light of the violations reported   in station KSPX(TV)'s renewal application. In addition, the fact that the station may have   implemented a plan to prevent future violations did not relieve the station of liability for prior   =violations. Accordingly, the Commission determined that a forfeiture in the amount of $20,000 was appropriate.  {5. In its April 28, 1995 Response to the NAL, PonceNicasio states that the station made   a good faith effort to comply with the children's television commercial limits; that the violations   occurred because of "management's erroneous interpretation of the law;" and that the station   /"discovered the error itself, corrected the problem, and fully disclosed the violations to the   Commission." Therefore, PonceNicasio asserts, the assessed forfeiture should be reduced. In   its July 24, 1996 Supplement to its Response, PonceNicasio states that Section 73.670 of the   MRules does not define the term "children's programlength commercial" and "do[es] not put   Llicensees fairly on notice that the entire length of a program that contains promotional material   for programrelated products . . . will count as commercial time." Accordingly, PonceNicasio   argues that the forfeiture should be rescinded because "the Commission may not impose a   monetary sanction where it fails to provide reasonable notice of the proscribed behavior."   Finally, PonceNicasio asserts that the forfeiture should be reduced or rescinded because payment would "cause significant financial hardship" to the licensee.  X-GDISCUSSION  X- 6. In Children's Television Programming (Notice of Proposed Rulemaking [NPRM]), 5   FCC Rcd 7199 (1990), the Commission enunciated its "tentative conclusion that any children's   [program that was found to be a `programlength commercial' would count toward the statutory   commercial limits" being proposed therein, and requested comment on that tentative conclusion.  Xg-  LId. at 7201. In Children's Television Programming, 6 FCC Rcd at 2118, the Commission stated   ythat most of the parties that commented on this issue agreed with the tentative conclusion that   the entire duration of a children's programlength commercial would count towards the   commercial limits, and therefore the Commission adopted the policy. Accordingly, Ponce  \Nicasio's assertion that the Commission failed to provide reasonable notice of this policy is without merit, and does not justify reduction of the assessed forfeiture amount.  X -7. In addition, as stated in PonceNicasio NAL:  X"-XIn Children's Television Programming, id. at 211718, the Commission specifically(# and unequivocally defined a programlength commercial as "a program associated with a product in which commercials for that product are aired." As the Commission stated in that Report and Order, this definition "is clear, easy to understand and apply,  XB&-and narrowly tailored." Id. at 2118 . . . . . In the absence of extraordinary difficulties or circumstances, a licensee's assertion that it did not understand the Commission's"-',-(-(ZZ%"Ԍchildren's television policies does not relieve that licensee of liability for forfeiture for  X-violation of those policies. (citations omitted)   k6 FCC Rcd at 6729. Therefore, PonceNicasio's restatement of its assertions that the station   .made a good faith effort to comply with the children's television commercial limits and that the   violations occurred because of "management's erroneous interpretation of the law" does not justify reduction of the assessed forfeiture amount.  XH- ~8. Voluntary Disclosure. Similarly, PonceNicasio's assertions that the station   /"discovered the error itself, corrected the problem, and fully disclosed the violations to the  X -  Commission" do not justify reduction of the assessed forfeiture amount. As stated in Ponce X -  Nicasio NAL, 6 FCC Rcd at 6729, the fact that a licensee may have implemented procedures to   prevent future violations of the Commission's children's television rules and policies does not relieve that licensee of liability for prior violations.  9 Further, with regard to PonceNicasio's assertion that it "fully disclosed the violations   to the Commission," Questions 9(b) and (c) of the FCC Form 303S, the license renewal   application, direct each and every license renewal applicant to: (i) state whether or not it had   complied with the children's television commercial limits; and (ii) if it had not so complied,   submit an exhibit to the renewal application listing each violation and an explanation as to why   the limits were exceeded. Section 73.3514 of the Commission's Rules, 47 C.F.R.  73.3514,   provides that "[e]ach application shall include all information called for by the particular form   on which the application is required to be filed . . . ." In addition, Section 1.17 of the   Commission's Rules, 47 C.F.R.  1.17, provides that "[n]o licensee, permittee or applicant shall   . . . in any application . . . submitted to the Commission, make any material misrepresentation   or willful material omission bearing on any matter within the jurisdiction of the Commission."   The fact that PonceNicasio provided information in its renewal application that it was   specifically directed to provide by the plain language of that application clearly does not justify reduction of the assessed forfeiture amount.  XT- @10. Financial Hardship. Finally, PonceNicasio argues that the forfeiture should be   /reduced or rescinded because payment would "cause significant financial hardship" to the   -licensee. In support of this argument, the licensee states that it was awarded station KSPX(TV)'s   iconstruction permit as part of a settlement agreement, and its initial costs for acquiring the license   exceeded $1,156,000; that the station operated at a deficit in every year but one since it began   operating in 1990; that PonceNicasio holds no other broadcast licensees, and therefore "cannot   [. . . distribute the burden of the Commission's forfeiture among several operating entities;" and   that KSPX(TV) "operates from a technically disadvantaged site" which results in "poor antenna reception and great difficulty in building an audience."  Xp$- l11. However, a review of the station's financial submissions reflects a relatively positive   .financial position for the years under review. Specifically, net operating revenues (net income   [plus depreciation plus amortization) have been positive for each of the years under review and in fact have significantly increased."+',-(-(ZZ%"Ԍ ԙ12. Accordingly, IT IS ORDERED THAT the Response to Notice of Apparent Liability  X-  .filed by PonceNicasio Broadcasting requesting that the forfeiture assessed in PonceNicasio  X-  Broadcasting, 10 FCC Rcd 6728 (1995), be reduced or eliminated, IS DENIED. IT IS   FURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934,   as amended, 47 U.S.C.  503(b), PonceNicasio Broadcasting, licensee of television station   =KSPX(TV), Sacramento, California, FORFEIT to the United States the sum of twenty thousand   .dollars ($20,000) for repeated violations of Section 73.670 of the Commission's Rules, 47 C.F.R.    73.670. Payment of the forfeiture may be made by mailing to the Commission a check or   ksimilar instrument payable to the Federal Communications Commission. With regard to this   forfeiture proceeding, PonceNicasio Broadcasting may take any of the actions set forth in Section  X -  N1.80 of the Commission's Rules, 47 C.F.R.  1.80, as summarized in the attachment to this Memorandum Opinion and Order. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VRoy J. Stewart ` `  hh,VChief, Mass Media Bureau ",-(-(ZZ"  X- kspx.rd  Xv- $// PONCENICASIO BROADCASTING, KSPX(TV) (Sacramento, CA) DA 98 %YN 1671 %YN  //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  X - Addresses: PonceNicasio Broadcasting Licensee, KSPX(TV) 1029 K Street Suite 23 Sacramento, CA 95814 PonceNicasio Broadcasting c/o Roger J. Metzler McQuaid, Metzler, McCormick 221 Main Street Sixteenth Floor San Francisco, California 941051936  I7< #G6X@`7 @#