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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 September 29, 1997 Released: September 30, 1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED River City License Partnership Licensee, WTTK(TV) and WTTV(TV) 1215 Cole Street St. Louis, MO 63106 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of fifteen thousand dollars ($15,000) 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 ("CTA"), 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, inter alia, limiting the number of minutes 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 per hour on weekends and 12 minutes per hour on weekdays. The Commission also reaffirmed and clarified its long-standing policy against "program-length commercials". The Commission defined a "program-length commercial" as "a program associated with a product, in which commercials for that product are aired", and stated that the entire duration of any program-length commercial would be counted as commercial matter for the purpose of the children's television commercial limits. Children's Television Programming, 6 FCC Rcd 2111, 2118, recon. granted in part, 6 FCC Rcd 5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's Television Programming, 6 FCC Rcd 5529, 5530 (1991). On April 1, 1997, you filed applications for renewal of licenses (FCC Forms 303-S) for Stations WTTK(TV), Kokomo, IN (BRCT-970401LK), and WTTV(TV), Bloomington, IN (BRCT-970401LL). In response to Section III, Question 4 of those applications you state that during the previous license term WTTK(TV) and WTTV(TV) failed to comply with the limits on commercial matter in children's programming specified in Section 73.670 of the Commission's Rules. In Exhibit Sec III-4c to those applications you indicate that between March 8, 1994, and December 6, 1996, WTTK(TV) and WTTV(TV) violated the children's television commercial limit rules and policies on 14 occasions. All 14 violations were program-length commercials. You explain that WTTK(TV) is a satellite of WTTV(TV), and retransmits 100% of the programming of WTTV(TV); that all of the violations resulted from errors by WTTV(TV)'s staff or errors by the providers of syndicated programming carried by the stations; that after each violation WTTV(TV) modified its policies and procedures to prevent recurrence; and that such modified policies and procedures reduced the frequency of overages "from four within seven months in 1994 to only a single instance within the last sixteen months." WTTK(TV) and WTTV(TV)'s record of exceeding the children's television commercial limits on 14 occasions during the last license term constitutes a repeated violation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b) of the Communications Act, River City License Partnership is hereby advised of its apparent liability for forfeiture in the amount of fifteen thousand dollars ($15,000) for its apparent repeated violation of Section 73.670 of the Commission's Rules. The amount specified was reached after consideration of 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. WTTK(TV) and WTTV(TV) exceeded the children's television commercial limits on 14 occasions. This is a significant number of violations. In addition, all 14 of the violations were program-length commercials. Overages of this number and nature mean that children have been subjected to commercial matter greatly in excess of the limits contemplated by Congress when it enacted the Children's Television Act of 1990. Congress was particularly concerned about program-length commercials because young children often have difficulty distinguishing between commercials and programs. S. Rep. No. 227, 101st Cong., 1st Sess. 24 (1989). The fact that some of the program-length commercials occurred in programming supplied by syndicators does not absolve WTTK(TV) and WTTV(TV) of responsibility for the violation. The Commission has consistently held that 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). Further, the violations occurred from March 8, 1994, through December 6, 1996, a period of two years and nine months. 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. Although it appears that WTTK(TV) and WTTV(TV) made an effort to comply with the children's television commercial limit rules and policies, it is apparent that that effort was not sufficient in view of the violations reported in the stations' renewal applications. The Commission has repeatedly rejected human error, inadvertence and/or misunderstanding of the rules as a basis for excusing violations of the children's television commercial limits. See, e.g., UTV of San Francisco, Inc. (KBHK-TV), 10 FCC Rcd 10986, 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). Finally, the fact that WTTK(TV) and WTTV(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 $15,000. Cf., Fox Television Stations, Inc. (WNYW(TV)), 10 FCC Rcd 4961 (1995)($15,000 forfeiture assessed for 14 program- length commercials). 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. Notwithstanding the substantial nature of the children's television commercial limit 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. Accordingly, the applications of River City License Partnership, for renewal of licenses for Stations WTTK(TV), Kokomo, IN (BRCT- 970401LK), and WTTV(TV), Bloomington, IN (BRCT-970401LL), are hereby GRANTED. Sincerely, Roy J. Stewart Chief, Mass Media Bureau Enclosure cc: Kevin F. Reed, Esq. kwttkvf2.rel MSolberg/dsb/vsd/MMB n:\msolberg\kwttkvf2.rel $// RIVER CITY LIC PRTNRSHP, WTTK(TV)(Kokomo, IN) & WTTV(TV) (Bloomington, IN) DA 97-2108 //$ $/ 300.503(b) FORFEITURES (NAL) /$ $/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$