WPCm2 2BJZ Courier3|x:Wx6X@`7X@HP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSx  @\z$^X@266 ZFKK3|xHP LaserJet 5Si LPT2:l)RM 700HPLAS5SI.PRSXj\  P6G;\z$^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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN /t _I ` a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2 kkc  vs a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2s t  )  BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2  Qa3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 28hha7Right 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. ׃  2jx&a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2sga4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 23eADoc 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  X- x=47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter  X- 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  xMSection 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  X&- xon weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in  X- xpart, 6 FCC Rcd 5093, 5098 (1991). These commercial limitations became effective on January  X-1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991).  xOn December 1, 1997, you filed applications for renewal of licenses (FCC Forms 303S) for  x!stations KSAX(TV), Alexandria, Minnesota (File No. BRCT971201LL) and KRWF(TV),  X"- xRedwood Falls, Minnesota (File No. BRCT971201LK).*" yO%- xԍ KRWF(TV) operates as a satellite of KSAX(TV), which in turn operates as a satellite, and rebroadcasts all  xJof the programming of KSTPTV, St. Paul, Minnesota, except for news updates within KSTPTV's local news. You  xstate that all of the commercials in the programming KRWF(TV) rebroadcasts are either network or syndicator  xxcommercials or spots which were sold by KSTPTV or KSAX(TV), and that KRWF(TV) receives no spots to sell locally. * In response to Section III, Question  xl4 of those applications, you certify that during the previous license term KSAX(TV) and"#x,**qqe""  x}KRWF(TV) failed to comply with the limitations on commercial matter in children's  xNprogramming specified in Section 73.670 of the Commission's Rules. In Exhibit 3 to each  xapplication, you indicate that between August 28, 1993, and November 24, 1994, the stations  xexceeded the children's television commercial limits on 49 occasions. Of these 49 overages, eight  xwere four seconds in duration, 40 were 15 seconds in duration and one was 40 seconds in  xduration. You attribute 33 of the 15second overages, each of which occurred during an island  xof children's programming, to changes made by the ABC television network in its cartoon  x programming. Prior to September 18, 1994, ABC delivered the program "Goof Troop" to its  xjaffiliates with four minutes and 30 seconds of network commercial matter and a 30second end  xbreak which affiliates could sell locally. Effective September 18, 1994, however, ABC replaced  x"Goof Troop" with "Sonic the Hedgehog," and increased the amount of network advertising to  xfive minutes. You maintain that KSTPTV and/or KSAX(TV) continued to sell the 30second  xKendbreak to local advertisers, resulting in the broadcast of 33 episodes of "Sonic the Hedgehog"  xwith five minutes and 30 seconds of commercial matter. These 33 overages, you state, were  xdiscovered during a routine audit of children's programming on KSAX(TV) and KRWF(TV).  xZOf the remaining 16 overages, eight occurred as a result of inadvertence and/or human error when  xthe commercial limits were not prorated during islands of children's programming. Eight other  xoverages resulted from an inadvertent scheduling error at the end of a block of children's programming and before the coverage of NCAA football.  xNotwithstanding the 49 reported overages, you maintain that, since the end of 1994, KSAX(TV)  xhas not exceeded the commercial limits and has made tremendous strides in its efforts to ensure  x compliance with the Commission's commercial limits. More specifically, you assert that:  x-(1) KSAX(TV) has developed systematic procedures to educate its management personnel of the  xCommission's new children's programming rules and the commercial limits for children's  xMprogramming; and (2) as of April 5, 1997, during all of the Saturday children's programming,  xKSAX(TV) airs only PSAs and promos in spots which otherwise may be sold locally to  xadvertisers. In addition, KSAX(TV) now receives from KSTPTV copies of the ABC Network  xprogramming order which lists the number of minutes of network commercials contained in each  xchildren's program and the program log which lists the number of commercial minutes sold by  xKSTPTV. You state that KSAX(TV) conducts a count of the commercial minutes on the order  x/and log both before and after children's programming is aired, and that KSAX(TV)'s Traffic  xDepartment and Master Control Operator have the authority to eliminate spots to ensure compliance with the commercial limits.  xyKSAX(TV) and KRWF(TV)'s record during the last license term of exceeding the Commission's  x=commercial limits on children's television programming on 49 occasions constitutes a repeated  xviolation of Section 73.670 of the Commission's Rules. Accordingly, pursuant to Section 503(b)  xof the Communications Act, KSAXTV, Inc. is hereby advised of its apparent liability for  x=forfeiture in the amount of ten thousand dollars ($10,000) for its apparent repeated violation of  x-Section 73.670 of the Commission's Rules. The amount specified was reached after consideration  xof the factors set forth in Section 503(b)(2) of the Communications Act, and, in particular, the  X:&- xfollowing criteria: (1) the number of instances of commercial overages; (2) the length and nature  xof each such overage; (3) the period of time over which such overages occurred; (4) whether or  x\not the licensee established an effective program to ensure compliance; and (5) the specific" (,))qq&"  xkreasons that the licensee gives for the overages. These criteria are appropriate in analyzing  xviolations of the commercial limits during children's programming, since they take into account,  X- xiinter alia, "the nature, circumstances, extent, and gravity of the violation, and, with respect to the  X-violator, the degree of culpability," as required under 503(b)(2)(D) of the Communications Act.'r J {O6- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for  {O- 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  {O& - x,Rulemaking in CI Docket No. 956, 10 FCC Rcd 2945 (1995). After receiving and considering comments from the  {O - 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, KSAX(TV) and KRWF(TV) exceeded the children's television commercial  xlimits on 49 occasions. This is a significant number of violations. The violations occurred  x-regularly, moreover, over an extended period of approximately one year and three months. When  x=the Commission delayed the effective date of Section 73.670 of the Rules until January 1, 1992,  xwe stated that "giving the additional time to broadcasters and cable operators before compliance  xwith the commercial limits is required will have the effect of enabling broadcasters and cable  X - xoperators to hone their plans to ensure compliance . . . . " Children's Television Programming,  X - xsupra, 6 FCC Rcd at 5530 n.10. It is apparent that KSAX(TV) and KRWF(TV) initially did not  x.establish an effective program to monitor compliance with the children's television commercial  xlimits. In addition, from the information provided in your renewal applications, it appears that  xthe cited violations occurred because of inadvertence and/or human error. The Commission,  x<however, has repeatedly rejected inadvertence and human error as a basis for excusing violations  X- xof the children's television commercial limits.  See, e.g., LeSea Broadcasting Corp. (WHKE(TV)),  Xj- xL10 FCC Rcd 4977 (1995); Buffalo Management Enterprises Corp. (WIVBTV), 10 FCC Rcd 4959  XU- x(1995); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd 4957 (1995); Ramar  X@- x.Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). Nor does the fact that some or all  xof the commercial overages occurred in programming supplied by KSTPTV absolve KSAX(TV)  xand KRWF(TV) of responsibility for the violations. In this regard, the Commission has  x-consistently held that a licensee's reliance on a program's source or producer for compliance with  xour children's television rules and policies will not excuse or mitigate violations which do occur.  X- xSee, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield  X- xzTelevision, Inc. (WCAXTV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited  X- xOPartnership (WFXT(TV)), 10 FCC Rcd 6686 (1995); WRGB Broadcasting, Inc., MMB  x.Admonition dated August 10, 1994. Finally, although corrective actions may have been taken  xZto prevent subsequent violations of the Commission's children's television rules and policies, this  Xb- xdoes not relieve KSAX(TV) and KRWF(TV) of liability for violations which have occurred. See,  XM- x.e.g., WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995); Mountain States Broadcasting, Inc."M ,))qq]"  X- x(KMSBTV), 9 FCC Rcd 2545, 2546 (1994); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd  X- x]1715, 1716 (1994); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); International Broadcasting  X-Corp., 19 FCC 2d 793, 794 (1969).  xConsideration of all of these factors warrants a forfeiture in the abovespecified amount of  X- x$10,000. In a similar case, Danville Television Partnership (WDRG(TV), 12 FCC Rcd 1351  x(1997), we assessed a forfeiture of $10,000 for 49 commercial limit violations, all 30 seconds in  xduration, which occurred over a sixmonth period. Here, KSAX(TV) and KRWF(TV) also  xreported 49 violations, although their overages were shorter in duration and occurred over a  X9- xlonger period of time than those involved in Danville Television. On balance, however, we find  X$ - xthe violations reported by KSAX(TV) and KRWF(TV) to be comparable to those in Danville  X -Television. Therefore, we conclude that a comparable forfeiture is appropriate.  x\You 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  xZa detailed factual statement and such documentation and affidavits as may be pertinent." Section  x=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 applications of KSAXTV, Inc. for stations KSAX(TV), Alexandria,  xMMinnesota (File No. BRCT971201LL) and KRWF(TV), Redwood Falls, Minnesota (File No. BRCT971201LK), ARE HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: Marvin Rosenberg, Esq."_%,))qq $" LGallo/vsd/MMB n:\winapps\wpwin\kidvid\ksax.nal cc address: KSAXTV, Inc. Licensee, KSAX(TV) and KRWF(TV) c/o Marvin Rosenberg, Esq. Holland & Knight, LLP 2100 Pennsylvania Avenue, NW, Suite 400 Washington, DC 200373202  xk$//KSAXTV, INC., KSAX(TV) (Alexandria, MN) and KRWF(TV) (Redwood Falls, MN) DA 981002 //$ $/ 300.503(b) FORFEITURES (NAL) /$  XK-$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ?4<#x6X@`7X@#