-'
Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554
January 24, 1997
DA 97-201
In reply refer to:
. 1800El
Released: January 30, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Christel Broadcasting, Inc.
Licensee, WA WB(TV)
4120 East Parham Road
Richmon~ VA 23228
Dear Licensee:
This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in
the amount of ~ 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 repeatefl 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, _. alia, limiting the amount of commercial matter that television stations may air during
children, s programming, and to co~der in its ~ew of ~levision license renewals the extent
to which the licensee has complied with such commercial limits. Pursuant to this statutory
mandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. §73.670, which limits
the amount of commercial matte!'. 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 policies against "program-leng1h commercials" ("a
program associated with a product, in which commercials for that product are aired") and "host
selling" ("the use of program talent to deliver commercials", including "endorsements. or selling
by animated cartoon characters as well as 'live' program hosts"). Children's Television
Prommming. 6 FCC Red 2111, 2118, 2127 n.147, recon. granted in part. 6 FCC Red 5093, 5098
(1991). The commercial limitations became effective on January 1, 1992. ChildrCn's Television
Programming. 6 FCC Red 5529, 5530 (1991).
On June 7, 1996, you filed an application for renewal of license (FCC Form 303-S) for
station WA WB(TV), Ashland, VA (File No. BRCT-960607KE). In Exhibit 13 to that application
you fodicate that ~uring the previous license term WA WB(TV} failed to comply with the
limitations on commercial matter in children's programming specified in Section 73.670 of the
Commission's Rules. You state that 46 commercial overages, which occurred over a ten-week
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Federal Communications Commission DA 97-201
period between July 13, 1995, and September 27, 1995; were "due to .the inexperience of a new
traffic employee and her misunderstanding of the rules governing commercial limits in children's
programming ... "; and that, as a result, WA WB(TV)' s general manager reviewed the
Commission's rules and policies on children's television with the employee and directed her to
reread material on the children's television commercial limits. In addition, Exhibit 3 includes a
copy of a memorandum from "Homenet" dated April 5, 1994, which indicates that on April 1,
1994, WA WB(TV) broadcast a program entitled "Superbook" which included a commercial
announcement for "an Easter Superbook tape". Exhibit 3 also includes a copy of a memorandum
from the WB Television Network dated October 26, 1995, which states that on October 6, 1995,
the "Kids' WB! weekday program feed" contained a 30-second commercial announcement which
included "a depiction of certain Warner Bros. characters"; that this incident constituted "a
potential 'host selling/program length commercial' issue ... "; and that the network had instituted
"additional stringent procedures" to prevent recurrence. Two additional commercial overages
were reported, but no explanation of the circumstances surrounding those overages was provided.
WAWB(TV)'s record during the last license term of exceeding the Commission's
commercial limits on children's television programming on SO occasions constitutes a repeated
violation of Section 73.670 of the Commission's rules. Accordingly, pursuant to Section 503(b)
of the Communications Act, Christel Broadcasting, Inc., is hereby advised of its apparent liability
for forfeiture in the amo\Ult 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 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)(0) of the
Comm~cations Act ~· Clear Channel Television. Inc. (KTfUCfY)l. 10 FCC Red 3773
(1995); Northstar Television of Erie. Inc. CWSEE-TVl. 10 FCC Red 3779 (1995).
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, ~ 6 FCC Red at 5530 n.10. You have not proffered any
eXt:raordinary transitional or other difficulties that would have prevented Station WA WB(TV)
from complying with the children's television commercial limitations during the last license
period. Indeed, you admit that 46 of the_ cited violations, which continued over a ten-week .
period, occurred solely because of ·a new employee's inexperience and misunderstanding 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.~ UTV of San Francisco. Inc. <KBHK-IVl. 10
FCC Red 10986, 10987 & Note 1 ( 1995); Le Sea Broadcasting Corp. CWHKE(TY>l. 10 FCC Red
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Federal Communications CommisSion DA 97-201
4977, 4978 ( 1995); Buffalo Management Enternrises Corn. CWIVB-ffi. 10 FCC Red 4959, 4960
(1995); Gannett Massachusetts Broadcasting. Inc. CWLVI-TVl. 9 FCC Red 1555 (1994); Ramar
Communications. Inc. CKJIY<TYll. 9 FCC Red 1831 (1994); Channel 12 of Beaumont, Inc.
CKBMT-rn. 9 FCC Red 1825; Wl(BD. Inc .• 8 FCC Red 5079 (1993).
Further, the 50 occasions on which WAWB(TV) exceeded the children's television
commercial limitations is a high n~ber of violations. Of these 50 commercial overages, 24
were one minute in duration; one was 45 seconds in duration; 22 were 30 seconds in duration;
one was 15 seconds in duration; and two were program-length commercial and/or host-selling
violations. Overages of this nature and magnitude 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. · With regard to the program-length commercial/host selling
violations, Congress was particularly concerned about program-length commercials because young
children often have difficulty distinguishing between commercials and programs. S. Rep. No.
227, lOlst Cong., 1st Sess. 24 (1989). Similarly, the effect of host-selling "is to interweave the
· program and the commercial, exacerbating the difficulty children have distinguishing between the
two." Action for Children's Television. 50 FCC 2d 1, 16 (1974). The fact that the piogram
length commercial/host-selling occurred in programs supplied by program distributors rather than .
programs produced by the station does not absolve WA WB(TV) of responsibility for the
violations. 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. ~ Yu Max Televisio9 of Syracuse. L.P. CWSYT(f\T)l.
10 FCC Red 8905 (1995); Mt. Man:;field Television. Inc. CWCAX-IVl. 10 FCC Red 8797
( 1995); Boston Celtics Broadcasting Limited Partnership <WFXJCIYl). 10 FCC Red 6686 ( 1995);
WRGB Broadc;afiling. Inc .. MMB Admonition dated August 10, 1994. Finally, the fact that
WA WB(TV) (and/or the WB Television Network) 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 Broa4casting Corp .• 19
FCC 2d 793, 794 (1969); KEVN. Inc .. 8 FCC Red 5077~ · 5078 (1993); R&R Media Corporation
<WIWSCIYl). 9 FCC Red 1715, 1716 (1994); Moyptajn States Broadcasring. Inc. CKMSB-TV).
9 FCC Red 2545, 2546 (1994); WHP Television. L.P:. 10 FCC Red 4979, 4980 (1995).
Consideration of all of these factors warrants a forfeiture in the above-specified amount of
$15,000. ~ .• Act III Broadcasting License Corporation CWUHf'CIYl). 10 FCC Red 8799 (1995)
($15,000 forfeiture for 37 overages, including six program-length commercials); WWOR-TV.
~ 10 FCC Red 8908 (1995) ($12,500 forfeiture for 39 overages, including one program-length
commercial). ·
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 mclude a detailed factual statement and such documentation and affidavits as may be
pertinent." Section 1.80(£)(3) of the Commission's Rules, 47 C.F.R. §l.80(f)(3). Other relevant
provisions of Section l.80(f)(3) of the Commission's Rules are SUIIUIUlri2.ed in the attachment to
this letter.
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Federal Communications Commission DA 97-201
Notwithstanding the substantial nature of the violations descnlied 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 Christel Broadcasting, Inc., for Station WA WB{TV),
Ashland, VA, File No. BRCT-960607KE, IS HEREBY GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief, Mass Media Bureau
Enclosures
cc: Joseph E . . Dunne III, Esq.
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