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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 In reply refer to: 1800E1 January 16, 1997 Released: January 30, 1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Danville Television Partnership Licensee, WDRG(TV) 713 Piney Forest Road Danville, VA 24543 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of ten thousand dollars ($10,000) pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming. In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, interalia, limiting the amount of commercial matter that television stations may air during children's programming, and to consider in its review of television license renewals the extent to which the licensee has complied with such commercial limits. Accordingly, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of commercial matter which may be aired during children's programming to 10.5 minutes on weekends and 12 minutes on weekdays. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). These commercial limitations became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). On May 31, 1996, you filed an application for renewal of license (FCC Form 303-S) for station WDRG(TV), Danville, VA (File No. BRCT-960531KR). In response to Section III, Question 4 of that application you state that during the previous license term WDRG(TV) failed to comply with the limitations on commercial matter in children's programming specified in Section 73.670 of the Commissions Rules. In Exhibit 5 to that application you indicate that between September 23, 1995, and March 23, 1996, WDRG(TV) violated the children's television commercial limits on 49 occasions. All of these commercial overages were 30 seconds in duration. You state that these violations occurred because of schedule changes that "reconfigured the children's program time blocks". In mitigation of these violations, you assert that WDRG(TV) is a "start-up" station, operating in a small market for less than two years, with minimal budget and only four full-time employees; and that, on the basis of representations of program producers, the station believed it was in compliance with the children's television commercial limits. Finally, you state that the station never intentionally exceeded the children's television commercial limits, and is currently monitoring its children's programming prior to airing to ensure compliance. WDRG(TV)'s record during the last license term of exceeding the Commission's commercial limits on children's television programming on 49 occasions constitutes a repeated violation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act, Centennial Communications, Inc., is hereby advised of its apparent liability for forfeiture in the amount of ten thousand dollars ($10,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified was reached after consideration of 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 and nature 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. These criteria are appropriate in analyzing violations of the commercial limits during children's programming, since they take into account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the degree of culpability", as required under 503(b)(2)(D) of the Communications Act. See Clear Channel Television, Inc. (KTTU(TV)), 10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEE-TV), 10 FCC Rcd 3779 (1995). WDRG(TV) exceeded the children's television commercial limitations on 49 occasions over a six month period. This is a high number of violations. When the Commission delayed the effective date of Section 73.670 of the Rules from October 1, 1991, until January 1, 1992, we stated that "giving the additional time to broadcasters and cable operators before compliance with the commercial limits is required will have the effect of enabling broadcasters and cable operators to hone their plans to ensure compliance...." Children's Television Programming, supra 6 FCC Rcd at 5530 n.10. It is apparent that WDRG(TV) initially did not establish an effective program to monitor compliance with the children's television commercial limitations. You have not proffered any extraordinary difficulties that would have prevented Station WDRG(TV) from complying with the children's television commercial limitations during the last license period. From the information in your renewal application, it appears that the cited violations occurred because of human error, inadvertence, misunderstanding and/or ignorance of the children's television commercial limits. The Commission has consistently and repeatedly rejected human error, inadvertence and/or misunderstanding as a basis for excusing violations of the children's television commercial limits. See, e.g., KBHK-TV, supra 10 FCC Rcd at 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977, 4978 (1995); Buffalo Management Enterprises Corp. (WIVB- TV), 10 FCC Rcd 4959, 4960 (1995); Gannett Massachusetts Broadcasting, Inc. (WLVI-TV), 9 FCC Rcd 1555 (1994); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc. (KBMT-TV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993). Further, a licensee's reliance on a program's source or producer for compliance with our children's television rules and policies will not excuse or mitigate violations which do occur. See, e.g., Max Television of Syracuse, L.P. (WSYT(TV)), 10 FCC Rcd 8905 (1995); Mt. Mansfield Television, Inc. (WCAX- TV), 10 FCC Rcd 8797 (1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV)), 10 FCC Rcd 6686 (1995); WRGB Broadcasting, Inc., MMB Admonition dated August 10, 1994. Finally, the fact that WDRG(TV) may have implemented policies to prevent subsequent violations of the Commission's children's television rules and policies does not relieve the licensee of liability for violations which have occurred. International Broadcasting Corp., 19 FCC 2d 793, 794 (1969); KBHK-TV, supra 10 FCC Rcd at 10988; KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSB-TV), 9 FCC Rcd 2545, 2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995). Consideration of all of these factors warrants a forfeiture in the above-specified amount of $10,000. Cf., Channel 12 of Beaumont, Inc. (KBMT-TV), 9 FCC Rcd 1825 (1994) ($10,000 forfeiture for 40 overages). You are afforded a period of thirty (30) days from the date of this letter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." Section 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. In this regard, you assert in your renewal application that imposition of a forfeiture for the reported violations "would result in a severe economic hardship for the Licensee, and may ultimately require the station to go off the air." Section 503(b)(2)(D) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b)(2)(D), provides that, in determining the amount of a forfeiture, the Commission shall take into account, inter alia, "ability to pay". Section 1.80(f)(3) of the Commission's Rules, 47 C.F.R. 1.80(f)(3), states that "[a]ny showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." The attachment to this Notice of Apparent Liability contains specific, detailed guidance concerning the information and documentation that must accompany a request for remission or reduction of a forfeiture on the ground of inability to pay. Notwithstanding the substantial nature of the violations described here and the severity with which we regard them, we find you qualified to remain a Commission licensee and conclude that grant of your application would serve the public interest, convenience and necessity. Therefore, the license renewal application of Danville Television Partnership, for Station WDRG(TV), Danville, VA, File No. BRCT-960531KR, IS HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Enclosures