Federal Communications Commission DA 97-2643
Federal Communications Commission 
Washington, B.C. 20554
December 18, 1997
Released: December 22, 1997
CERTIFIED MATT. - RETURN RECEIPT REQUESTED
Journal Broadcast Group, Inc.
Licensee, WSYM-TV
600 West Saint Joseph Street
Suite 47
Lansing, MI 48933
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, 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 amount 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. 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 mat 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 Red 2111,2118, recon. 
granted in part. 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 WSYM-TV, Lansing, MI (File No. BRCT-970602LU). In response to Section III, 
Question 4 of that application you indicate that during the previous license term WSYM-TV 
failed to comply with the limitations on commercial matter in children's programming specified
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Federal Communications Commission DA 97-2643
in Section 73.670 of the Commission's Rules. In Exhibit C to that application you indicate that 
between April 29, 1992, and August 31, 1996, WSYM-TV violated the children's television 
commercial limit rules and policies on 19 occasions. Of these 19 commercial overages, five were 
less than 30 seconds in duration; three were 30 seconds in duration, and 11 were program-length 
commercials. Some of the program-length commercial violations are attributed to the inclusion 
of program-related commercial matter by the programs' producer or distributor. The remainder 
of the violations are attributed to inadvertence and human error, and/or the failure of station 
employees to follow established procedures. You state that after each violation the responsible 
station employees were retrained and/or the station established policies and procedures to prevent 
recurrence.
WSYM-TV's record of exceeding the children's television commercial limits on 19 
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, 
Journal Broadcast Group, Inc., 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. 1
WSYM-TV violated the children's television commercial limits on 19 occasions. This 
is a significant number of violations. Further, eleven 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 assertion that program-
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/Assessing Forfeitures, supra, 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 guidelines for assessing forfeitures. Forfeiture Guidelines - Report 
and Order in CI Docket No. 95-6. _ FCC Red __(FCC 97-218, adopted June 19, 1997, released July 28, 
1997)("Forfeiture Guidelines"'). Forfeiture Guidelines, id., became effective on October 14, 1997; 62 Fed. Reg. 
43474 (August 14, 1997). However, with regard to (i) all cases pending when Forfeiture Guidelines, supra, was 
adopted, and (ii) all cases involving "violations arising from facts that occurred before the effective date of th[at] 
order", forfeiture amounts are to be assessed "under the case-by-case approach in effect when the violation occurred", 
in conformity with the standards set out in Section 503 of the Communications Act. Id. at
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Federal Communications Commission DA 97-2643
length commercial violations may have occurred because of the inclusion of program-related 
commercial matter by the programs' producer or distributor does not absolve WSYM-TV of 
responsibility for those 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. See, e.g.. Max Television of 
Syracuse. L.P. (WSYT(TV». 10 FCC Red 8905 (1995); Mt. Mansfield Television. Inc. (WCAX- 
TV). 10 FCC Red 8797 (1995); Boston Celtics Broadcasting Limited Partnership (WFXT(TV')'). 
10 FCC Red 6686 (1995).
In addition, the violations occurred from April 29, 1992, to August 31, 1996, an extended 
period of four years and four 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 Red at 5530 
n.10. Although it appears that WSYM-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 hi the stations' renewal applications. The Commission has 
repeatedly rejected human error and/or inadvertence 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 Red 10986, 10987 & Note 1; Le Sea Broadcasting Corp. (WHKE(Tm 10 FCC Red 4977, 
4978 (1995); Buffalo Management Enterprises Corp. (WIVB-TV). 10 FCC Red 4959, 4960 
(1995); Gannett Massachusetts Broadcasting. Inc. fWLVI-TV\ 9 FCC Red 1555 (1994); Ramar 
Communications. Inc. (KJTV(TV")'). 9 FCC Red 1831 (1994); Channel 12 of Beaumont. Inc. 
(KBMT-TVa 9 FCC Red 1825; WKBD. Inc.. 8 FCC Red 5079 (1993). Finally, the fact that 
WSYM-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 Red at 10988; KEVN. Inc.. 8 FCC Red 5077, 5078 (1993); R&R Media 
Corporation (WTWSCTVOX 9 FCC Red 1715, 1716 (1994); Mountain States Broadcasting. Inc. 
(KMSB-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 hi the above-specified amount 
of $15,000. C£, Paramount Stations Group of Washington. Inc. (WDCAfTXO). _ FCC Red 
__ (MMB NAL DA 97-391, adopted February 14,1997, released February 26, 1997)($15,000 
forfeiture for 20 overages, including 11 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.
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Federal Communications Commission DA 97-2643
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 license* and conclude 
that grant of your application would serve the public interest, convenience and necessity. 
Therefore, the license renewal application of Journal Broadcast Group, Inc., for Station WS YM- 
TV, Lansing, MI (File No. BRCT-970602LU), IS HEREBY GRANTED.
FEDERAL COMMUNICATIONS COMMISSION
Roy J. Stewart
Chief, Mass Media Bureau
Enclosures
cc: John T. Scott, III, Esq.
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