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Act III asserts that this  xcommercial matter was inserted in the program by the advertiser and syndicator and transmitted  xto the station by satellite; and that WUHF(TV) had no warning that a commercial for a fastfood  x[restaurant might contain material related to the program. Act III's Petition also cites another of  xLthe programlength commercial violations which involved "a shoe decorated with the Teenage  xKMutant Ninja Turtles" that was "displayed in a commercial for a shoe store" broadcast during the  x"Teenage Mutant Ninja Turtles" program. Act III asserts with regard to this incident that  xj"WUHF[TV] could not have known that a shoe store commercial would contain such an image and the advertiser provided no warning that it in fact did contain cartoon character depictions."   |x9. Initially, we note that the Commission has repeatedly held that where a commercial  xxannouncement is primarily for a product otherwise unrelated to a program, but that announcement  X|- xalso includes references to products which are related to the program, than the broadcast of that  xcommercial announcement during the program to which the included products relate will render  XN- x-that program a programlength commercial.XND yO- xԍ See, e.g., WSYT(TV), supra 10 FCC Rcd at 8905 (1995); Scripps Howard Bcstng Co. (KNXVTV), 9 FCC  yO- xRcd 2547 (1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Quad Cities Television  yOW-(KLJBTV), 9 FCC Rcd 1711 (1994).  Further, broadcasts of children's television program xKlength commercials are not excused or mitigated by a licensee's assertion that the programrelated  xcommercial matter was inserted by the program's producer or distributor without the knowledge,  X - xparticipation or consent of the station.X D yO#- x>ԍ See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield  yOj$- xTelevision, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited Partnership  yO2%-(WFXT(TV)), 10 FCC Rcd 6686 (1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977 (1995).  Finally, the determination as to whether a particular  xjprogram is a programlength commercial is not dependent on the duration of the appearance of  xZthe programrelated product in the commercial announcement; where a commercial announcement",-(-(ZZ"  xincludes a product related to the program in which the commercial is broadcast, then the program  xis a programlength commercial regardless of the duration of the appearance of the program X- xrelated product in the commercial.uD yOK-ԍ UTV of San Francisco, Inc. (KBHKTV), 10 FCC Rcd 10986, 10988 (1995).u Accordingly, Act III NAL (WUHF(TV)), supra, correctly treats the programs in question as programlength commercial violations.   x10. In addition, Act III's Petition asserts that 11 of the overages occurred during the first  xquarter of 1992 when the commercial limits first became effective; that the station "reviewed the  xicircumstances under which overages arose and established and refined its prevention procedures  xthroughout the renewal term"; and that those procedures were "extremely effective" because "they reduced the occurrence of overages dramatically after the first quarter of 1992."   x11. Act III's Petition is correct, to the extent that 11 of the commercial overages in fact  xdid occur during the first quarter of 1992 when the commercial limits first became effective. In  xthis regard, WUHF(TV)'s renewal application stated that when overages occurred subsequent to  xthe first quarter of 1992, procedures were modified and/or responsible personnel were  xL"reprimanded and instructed on the station's policies for compliance." However, it is apparent  xthat such modified procedures, reprimands and/or additional instructions to station personnel were  Xy- xZineffective because, as stated in Act III NAL (WUHF(TV)), supra, additional violations continued  xjto occur throughout the remainder of the license term. Further, not only were there commercial  x-overages or violations in every quarter of the license term subsequent to the effective date of the  xchildren's television limits, but the number of overages increased during the last two quarters of  xthe term: while there was only one conventional overage in the second quarter of 1993, there  x.were nine conventional overages and three programlength commercials in the third quarter of  x1993; and three conventional overages and one programlength commercial in the fourth quarter  X- x]of 1993.XD yO- x<ԍ As stated above, WUHF(TV)'s renewal application was filed on February 1, 1994, one month into the first quarter of 1994. The only reason proffered for the vast majority of those overages was (and is)  xZinadvertence and/or human error. The Commission has consistently rejected inadvertence and/or  X- xhuman error as an excuse for violations of the children's television commercial limits.  D yO - xԍ See, e.g., KBHKTV, supra 10 FCC Rcd at 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10  yO- xJFCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959, 4960 (1995);  yO- xGannett Massachusetts Broadcasting, Inc. (WLVITV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc.  yOc -(KJTV(TV)), 9 FCC Rcd 1831 (1994).  Finally,  xeven if WUHF(TV) had established an effective program for future compliance with the  x[children's television commercial limits towards the end of the license term, the Commission has  xrepeatedly held that the fact that a licensee may have instituted a plan to eliminate future overages  XN-does not relieve that licensee of liability for prior violations. XND yO%- xԍ International Broadcasting Corp., 19 FCC 2d 793, 794 (1969). See also, e.g., KBHKTV, supra 10 FCC Rcd  yO_&- xat 10988; WCAXTV, supra 10 FCC Rcd at 8798; WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995);  yO''- x,WHKE(TV), supra 10 FCC Rcd at 4978;   WIVBTV, supra 10 FCC Rcd at 4960; Mountain States Broadcasting, Inc."'' ,-(-(J'"  yO- x(KMSBTV), 9 FCC Rcd 2545, 2546 (1994); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716  yOX-(1994); KEVN, Inc.,(KEVNTV and KIVVTV), 8 FCC Rcd 5077, 5078 (1993). Accordingly, the assertion in Act "N  ,-(-(ZZ"Ԍ  xIII's Petition that WUHF(TV)'s compliance procedures were "extremely effective" because "they  xreduced the occurrence of overages dramatically after the first quarter of 1992" does not justify  X- xor necessitate reduction or remission of the forfeiture assessed in Act III NAL (WUHF(TV)),  X-supra.  Xv-  x12. Act III also argues that cases cited in Act III NAL (WUHF(TV)), supra, (i.e., Koplar  X_- xCommunications, 8 FCC Rcd 7884 (1993); Independent Communications, Inc., 8 FCC Rcd 7886  XH- x(1993); and KXRM Partnership, 8 FCC Rcd 7890 (1993)) do not support a forfeiture of $15,000.  xHowever, those cases involved substantially different numbers of violations, no programlength  xcommercials, and substantially different forfeiture amounts (respectively, a $30,000 forfeiture for  x197 overages; a $27,500 forfeiture for 121 overages; and a $25,000 forfeiture for 87 overages).  X - xThose cases were not cited in support of the forfeiture amount in Act III NAL (WUHF(TV)),  X - xsupra. As indicated by the language quoted in paragraph 4, supra, those cases were clearly and  X - xspecifically cited as precedent for the criteria applied to determine the amount of the forfeiture,  X - xnot the forfeiture amount itself. The forfeiture amount assessed in Act III NAL (WUHF(TV)),  X- x.supra, for 37 commercial overages, including 6 programlength commercials, is consistent with  X}- xjforfeitures imposed in roughly similar cases. In Max Television of Syracuse, L.P. (WSYT(TV)),  x10 FCC Rcd 8905 (1995), a forfeiture of $20,000 was assessed for a total of 29 violations, 18  XO- xof which were programlength commercials; in Paramount Stations Group of Kerrville, Inc.  X8- xl(KRRT(TV)), 8 FCC Rcd 7064 (1993), a forfeiture of $15,000 was assessed for a total of 25  X!- xjviolations, eight of which were programlength commercials; and in WWORTV, Inc. (WWOR X - xLTV), a forfeiture of $12,500 was assessed for a total of 39 violations, 1 of which was a program xlength commercial. Further, even after subtracting the two conventional overages caused by  X- xyemergency scheduling changes discussed on paragraph 7, supra, WUHF(TV)'s revised total of  x35 commercial overages, including 6 programlength commercials, is still a high number of  xviolations which would merit a forfeiture of $15,000. Accordingly, Act III's arguments  xKconcerning the amount of the forfeiture do not justify or necessitate reduction or remission of the  X-assessed forfeiture amount specified in Act III NAL (WUHF(TV)), supra.   Ox13. In view of the foregoing discussion, the arguments contained in the "Petition for  X;- xReconsideration and Reduction or Elimination of Forfeiture" assessed in Act III Broadcasting  X$- xNLicense Corporation (WUHF(TV)), 10 FCC Rcd 8799 (1995), do not necessitate or justify  xzreduction or remission of the specified forfeiture. Accordingly, IT IS ORDERED THAT that  x\"Petition for Reconsideration and Reduction or Elimination of Forfeiture" IS DENIED. IT IS  xFURTHER ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934,  xas amended, 47 U.S.C. 503(b), Act III Broadcasting License Corporation FORFEIT to the  xUnited States the sum of fifteen thousand dollars ($15,000) 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 ""  ,-(-(ZZf!"  xPby mailing to the Commission a check or similar instrument payable to the Federal  xCommunications Commission. With regard to this forfeiture proceeding, Act III Broadcasting  xLicense Corporation may take any of the actions set forth in Section 1.80 of the Commission's  xRules, 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 Attachments " ,-(-(ZZ7"  X- kwuhfrd2.rel  X- address: Act III Broadcasting License Corporation c/o Kathryn R. Schmeltzer, Esq. Fisher Wayland Cooper Leader & Zaragosa L.L.P. 2001 Pennsylvania Avenue, N.W. Suite 400 Washington, D.C. 200061851 x  ?<#x6X@`7>fX@# $// ACT III BCSTNG LICNS CORP, WUHF(TV) (RCHSTR,NY) DA 972626 //$ $/ 300.503(b) FORFEITURES (FORFEITURE ORDER) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$  ?x<