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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:"K"K%Heading 1Centered Headingcal Style 4G Y * Ã  Bullet ListIndented Bullet List *M0 Y XX` ` (#` "i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddxHxxHkddDpd<"dxtldxxd"i~'^#)0<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  Xi- 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  xzSection 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).  x{On February 2, 1998, you filed applications for renewal of licenses (FCC Forms 303S) for  xstation KWHB(TV), Tulsa, Oklahoma (File No. BRCT980202KZ). In response to Section III,  xzQuestion 4 of that application, you certify that during the previous license term KWHB(TV)  xfailed to comply with the limitations on commercial matter in children's programming specified  x]in Section 73.670 of the Commission's Rules. In Exhibit 4 to the renewal application, you  xNindicate that between July 13, 1996, and December 1, 1997, the KWHB(TV) exceeded the  xchildren's television commercial limits on 47 occasions. Of these 47 overages, 29 were 15  xyseconds in duration, seven were 30 seconds in duration, one was 35 seconds in duration, eight"),**qq'"  xwere 45 seconds in duration, one was one minute in duration and one was one minute and 35  xseconds in duration. You attribute the overages to an error in the computer program at your  x"home office," and assert that the error has been corrected. In addition to assuring the  xCommission that you understand the importance of complying with the children's television  x[commercial limits, you say that KWHB(TV) will take all appropriate steps to avoid a recurrence of this error.  x>KWHB(TV)'s record during the last license term of exceeding the Commission's commercial  x[limits on children's television programming on 47 occasions constitutes a repeated violation of  xSection 73.670 of the Commission's Rules. Accordingly, pursuant to Section 503(b) of the  xCommunications Act, LeSea Broadcasting Corp. is hereby advised of its apparent liability for  xyforfeiture in the amount of twelve thousand dollars ($12,000) for its apparent repeated violation  xof Section 73.670 of the Commission's Rules. The amount specified was reached after  xconsideration of the factors set forth in Section 503(b)(2) of the Communications Act, and, in  xkparticular, the following criteria: (1) the number of instances of commercial overages; (2) the  X - xlength and nature of each such overage; (3) the period of time over which such overages  xoccurred; (4) whether or not the licensee established an effective program to ensure compliance;  Xy- xand (5) the specific reasons that the licensee gives for the overages. These criteria are appropriate  x.in analyzing violations of the commercial limits during children's programming, since they take  XK- x<into account, inter alia, "the nature, circumstances, extent, and gravity of the violation, and, with  xlrespect to the violator, the degree of culpability," as required under  503(b)(2)(D) of the  X-Communications Act.'r J {O- xԍ In United States Telephone Ass'n. v. FCC, 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for  {Ob- 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  {OR- 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.'  x\As discussed above, KWHB(TV) exceeded the children's television commercial limits on 47  x{occasions. This is a significant number of violations. The violations occurred regularly,  x>moreover, over an extended period of approximately one year and three months. When the  xCommission delayed the effective date of Section 73.670 of the Rules until January 1, 1992, we  xstated that "giving the additional time to broadcasters and cable operators before compliance with  x-the commercial limits is required will have the effect of enabling broadcasters and cable operators  Xg- x[to hone their plans to ensure compliance . . . . " Children's Television Programming, supra, 6  xkFCC Rcd at 5530 n.10. It is apparent that KWHB(TV) did not establish an effective program  xMto monitor compliance with the children's television commercial limits. In addition, from the  X$- xiinformation provided in your renewal application, it appears that the cited violations resulted from "$ ,))qq>"  xinadvertence and/or human error stemming from the failure of KWHB(TV)'s personnel to detect,  xover the course of more than a year, the computer error responsible for the commercial overages.  xThe Commission, however, has repeatedly rejected inadvertence and human error as a basis for  X- xexcusing violations of the children's television commercial limits.  See, e.g., LeSea Broadcasting  X- xCorp. (WHKE(TV)), 10 FCC Rcd 4977 (1995); Buffalo Management Enterprises Corp. (WIVB X- xkTV), 10 FCC Rcd 4959 (1995); Act III Broadcasting License Corp. (WUTV(TV)), 10 FCC Rcd  X|- x4957 (1995); Ramar Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994). Although  xLcorrective actions may have been taken to prevent subsequent violations of the Commission's  xchildren's television rules and policies, this does not relieve KWHB(TV) of liability for violations  X9- x1which have occurred. See, e.g., WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995);  X$ - xzMountain States Broadcasting, Inc. (KMSBTV), 9 FCC Rcd 2545, 2546 (1994); R&R Media  X - x/Corporation (WTWS(TV)), 9 FCC Rcd 1715, 1716 (1994); KEVN, Inc., 8 FCC Rcd 5077, 5078  X -(1993); International Broadcasting Corp., 19 FCC 2d 793, 794 (1969).  X - x Consideration of all of these factors warrants a forfeiture in the abovespecified amount of  X - xz$12,000. In a similar case, Centennial Communications, Inc. (WGNT(TV), 12 FCC Rcd 1354  X- x(1997) (Centennial Communications), we assessed a forfeiture of $14,000 for 49 commercial limit  xyviolations. Of those 49 overages, nine were 15 seconds or less in duration, 28 were 30 seconds  x=in duration, two were 45 seconds in duration, three were one minute in duration, four were one  xyminute and 30 seconds in duration, one was two minutes in duration, one was two minutes and  x30 seconds in duration and one   was two minutes and 40 seconds in duration. The overages  X1- x{occurred over a period of more than four years, and most were attributed to human error,  xinadvertence, misunderstanding and/or ignorance of the children's television commercial limits.  X- xMore recently, in KSAXTV, Inc. (KSAX(TV)/KRWF(TV)), DA 981002 (rel. May 28, 1998), we  xzassessed a $10,000 forfeiture for 49 commercial limit violations. Of those 49 overages, eight  xwere four seconds in duration, 40 were 15 seconds in duration and one was 40 seconds in  X- xduration. The overages in KSAXTV, Inc. occurred over a period of approximately one year and  X- xthree months, and were attributed to human error and inadvertence. As compared to Centennial  X- xCommunications, KWHB(TV) had slightly fewer total violations, generally of shorter durations,  X- xwhich occurred over a shorter period of time. When viewed against KSAXTV, Inc., KWHB(TV)  x-also had two fewer total violations, though they were mostly of longer durations, which occurred  xzover approximately the same length of time. For these reasons, we find that the number and  X>- xmnature of the violations in the instant case fall between those involved in Centennial  X)- xCommunications and KSAXTV, Inc. Therefore, having considered the forfeiture amounts  X- xyassessed in Centennial Communications and KSAXTV, Inc., as well as the five criteria we use  xin analyzing violations of the children's television commercial limits, we conclude that a forfeiture of $12,000 is appropriate in this case.  X"- 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  x1.80(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."G',))qq%"Ԍ xԙNotwithstanding 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 LeSea Broadcasting Corp. for station KWHB(TV), Tulsa, Oklahoma (File No. BRCT980202KZ), IS HEREBY GRANTED.  X- x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau Enclosures cc: John E. Fiorini, III, Esq."4,))qq" LGallo/vsd/MMB n:\winapps\wpwin\kidvid\kwhb.nal $SY  cc address: LeSea Broadcasting Corp. Licensee, KWHB(TV) c/o John E. Fiorini, III, Esq. Gardner, Carton & Douglas 1301 K Street, NW, Suite 900 Washington, DC 20005 $//LESEA BROADCASTING CORP., KWHB(TV) (Tulsa, OK), DA 981496 //$ $/ 300.503(b) FORFEITURES (NAL) /$  Xb-$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$#x6X@`7X@#  ?K<#x6X@`7X@#