___ Federal Communications Commission DA 97-2363
Federal Communications Commission 
Washington, D.C. 20554
November 10, 1997
Released: November 13, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Lansing 53, Inc.
Licensee, WLAJ(TV)
5815 South Pennsylvania Avenue
Lansing, MI 48911
Dear Licensee:
This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in 
the amount of twenty thousand dollars ($20,000) 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, 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. 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 matter which may be aired during children's 
programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. 
Children's Television Progarnming. 6 FCC Red 2111, 2118, recon. granted in cart. 6 FCC Red 
5093, 5098 (1991). The commercial limits became effective on January 1, 1992. Children's 
Television Programming. 6 FCC Red 5529, 5530 (1991).
On June 2, 1997, you filed an application for renewal of license (FCC Form 303-S) for 
Station WLAJ(TV), Lansing, MI (BRCT-970602LD). With regard to Section III, Question 4 of 
that application you state that during the previous license term WLAJ(TV) failed to comply with 
the limits on commercial matter in children's programming specified in Section 73.670 of the 
Commissions Rules. In Exhibit 2 to that application you indicate that between October 1, 1994, 
and December 16, 1996, WLAJ(TV) violated the children's television commercial limits on 82 
occasions. Of these commercial overages, 29 were less than 30 seconds in duration; 29 were 30 
seconds or longer but less than one minute in duration; 13 were one minute or longer but less 
than one minute and 30 seconds in duration; five were one minute and 30 seconds or longer but 
less than two minutes in duration; and six were two minutes or longer in duration. You state that
18323
_______________Federal Communications Commission DA 97-2363
the overages were discovered during a review of WLAJ(TV)'s logs conducted in connection with 
the preparation of the station's license renewal application; and that "[appropriate oversight of 
the commercial limits w[as] not maintained[,] nor was an appropriate monitoring system in effect" 
at WLAJ(TV).
WLAJ(TV)'s record of exceeding the children's television commercial limits on 82 
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, 
Lansing 53, Inc., is hereby advised of its apparent liability for forfeiture in the amount of twenty 
thousand dollars ($20,000) 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 prograrnming, 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. 1
WLAJ(TV) exceeded the children's television commercial limits on 82 occasions. This 
is a very high number of violations. Further, 24 of the overages were one minute or longer in 
duration. Overages of this number and duration 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.
Further, the violations began on October 1,1994, and continued until December 16,1996, 
an extended period of two years and two months. The licensee admits that "[appropriate 
oversight of the commercial limits w[as] not maintained[,] nor was an appropriate monitoring 
system in effect" at WLAJ(TV). According to the licensee's own explanation, the fact that the 
station was regularly and repeatedly violating die children's television commercial limits was 
discovered only in the course of preparing WLAJ(TV)'s license renewal application. Thus, the
1 In United States Telephone Ass'n. v. FCC. 28 F3rd 1232 (D.C. Cir. 1994), the U.S. Court of Appeals for the 
District of Columbia set aside Policy Statement. Standards for Assessing Forfeitures. 6 FCC Red 4695 (1991), recon. 
denied. 7 FCC Red 5339 (1992), revised. 8 FCC Red 6215 (1993), stating that the guidelines for assessing forfeitures 
established therein must be subject to public comment to comply with the Administrative Procedure Act. In 
accordance with the court's decision, the Commission released Forfeiture Guidelines - Notice of Proposed 
Rulemaking in CI Docket No. 95-6. 10 FCC Red 2945 (1995). After receiving and considering comments from the 
public in that proceeding, the Commission adopted Forfeiture Guidelines - Report and Order in CI Docket No. 95-6. 
_ FCC Red _(FCC 97-218, adopted June 19, 1997, released July 28, 1997V"Forfeiture Guidelines"!. Forfeiture 
Guidelines, id., will become effective on October 14,1997. 62 Fed. Reg. 43474 (August 14, 1997). In accordance 
with Paragraph 49 of Forfeiture Guidelines, supra, the Commission will continue to use the case-by-case approach 
for violations that occurred before the effective date of that Report and Order. Under this approach, the Commission 
considers the criteria developed under Section 503 and applied by the Commission in previous cases. See, e.g.. Clear 
Channel Television. Inc. (KTTU(TW). 10 FCC Red 3773, 3774 (1995); Northstar Television of Erie. Inc. (WSEE- 
TV>. 10 FCC Red 3779, 3780 (1995).
18324
Federal Communications Commission DA 97-2363
licensee not only failed to establish any program for compliance with the children's television 
commercial limits, but also failed to notice or rectify the deficiency for an extended period of 
time. The fact that WLAJ(TV) may have eventually implemented policies and procedures to 
prevent subsequent violations of the Commission's children's television rules 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 Red at 10988; KEVN. Inc.. 8 FCC Red 5077, 
5078 (1993); R&R Media Corporation rWTWSrTV)). 9 FCC Red 1715, 1716 (1994); Mountain 
States Broadcasting. Inc. TKMSB-TVX 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 $20,000. Cf., Jefferson-Pilot Communications Company 
rWETVCTV)). 12 FCC Red 2526 (1997)($20,000 forfeiture for 79 commercial overages); 
WTWS(TV). supra 9 FCC Red at 1715 ($20,000 forfeiture for 80 commercial 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.
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. 
Accordingly, the application of Lansing 53, Inc., for renewal of license for Station WLAJ(TV), 
Lansing, MI (BRCT-970602LD), is hereby GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief, Mass Media Bureau
18325