******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Liability of KTBY, Inc. ) ) Licensee, KTBY(TV), ) Anchorage, Alaska ) ) For a Forfeiture ) MEMORANDUM OPINION AND ORDER AND FORFEITURE ORDER Adopted: February 3, 1997 Released: February 5, 1997 By the Chief, Mass Media Bureau: 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to authority delegated by 47 C.F.R.  0.283, adopted a $10,000 Notice of Apparent Liability ("NAL") on October 18, 1996, against KTBY, Inc., licensee of Station KTBY(TV), Anchorage, Alaska. KTBY, Inc., 11 FCC Rcd 13870 (MMB 1996). The NAL, which is incorporated herein by reference, was issued for willful and repeated violations of Section 73.670 of the Commission's Rules regarding children's television commercial overages. 47 C.F.R. 73.670. 2. The NAL was sent by certified mail as required by 47 C.F.R.  1.80(f)(2) and was received by KTBY, Inc. on October 29, 1996. KTBY(TV) neither paid the forfeiture nor filed a response to the NAL. Pursuant to 47 C.F.R.  1.80(f)(4), if a proposed forfeiture penalty is not paid in full in response to an NAL, the Commission, upon consideration of all relevant information available, may issue an order requiring that the proposed forfeiture be paid in full. In response to our inquiry, KTBY, Inc. has admitted that the program-length commercials which constituted the commercial overages, aired four times over a four-week period, in violation of  73.670 of the Commission's Rules. In establishing the forfeiture amount, we considered all the information before us, and we see no reason to repeat that discussion or reach a different result here. 3. Accordingly, we find that from February 2, 1993, to February 23, 1993, KTBY, Inc. repeatedly violated Section 73.670 of the Commission's Rules. Pursuant to Section 503(b)(1)(D) of the Communications Act of 1934, as amended, and Section 1.80(f)(4) of the Commission's Rules, IT IS ORDERED that KTBY, Inc. forfeit to the United States the sum of ten thousand dollars ($10,000) for said violations. In regard to this forfeiture proceeding, KTBY, Inc. may take any action set forth in 47 C.F.R.  1.80, as summarized in the attachment to this Memorandum Opinion and Order and Forfeiture Order. 4. The Mass Media Bureau will send by Certified Mail -- Return Receipt Requested, copies of this Memorandum Opinion and Order and Forfeiture Order to KTBY, Inc. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau