Federal Communications Commission	FCC 22-70


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

In the Matter of

Cunningham Broadcasting Corporation, Ultimate Parent of Licensee Stations
WEMT, Greeneville, Tennessee; WMYA, Anderson, South Carolina; WPFO, Waterville, Maine; WTTE, Columbus, Ohio; WYDO, Greenville, North Carolina; KTXD-TV, Greenville, Texas

Deerfield Media (Port Arthur), Inc.
Licensee of Station KBTV-TV
Port Arthur, Texas

Deerfield Media (San Antonio), Inc.
Licensee of Station KMYS
Kerrville, Texas

Deerfield Media (Rochester), Inc.
Licensee of Station WHAM-TV
Port Arthur, Texas

Deerfield Media (Cincinnati), Inc.
Licensee of Station WSTR-TV
Cincinnati, Ohio

GoCom Media of Illinois, LLC
Licensee of Station WBUI,
Decatur, Illinois

HSH Flint (WEYI) Licensee, LLC
Licensee of Station WEYI-TV,
Saginaw, Michigan

HSH Myrtle Beach (WWMB) Licensee, LLC
Licensee of Station WWMB,
Florence, South Carolina

Manhan Media, Inc.
Licensee of Station WWHO,
Chillicothe, Ohio

Mercury Broadcasting Company, Inc.
Licensee of Station KMTW,
Hutchinson, Kansas

Mitts Telecasting Company, LLC
Licensee of Station KXVO,
Omaha, Nebraska

MPS Media of Tennessee License, LLC
Licensee of Station WFLI-TV,
Cleveland, Tennessee

MPS Media of Tallahassee License, LLC
Licensee of Station WTLF,
Tallahassee, Florida

Nashville License Holdings, L.L.C.
Licensee of Station WNAB,
Nashville, Tennessee

New Age Media of Gainesville License, LLC
Licensee of Station WGFL,
High Springs, Florida

New Age Media of Pennsylvania License, LLC
Licensee of Stations WOLF-TV,
Hazleton, Pennsylvania, and WQMY, Williamsport, Pennsylvania

Nexstar Broadcasting, Inc., Ultimate Parent of Licensees of Stations KDVR, Denver, Colorado; KIAH, Houston, Texas; KTLA, Los Angeles, California; KTXL, Sacramento, California; WGNTV, Chicago, Illinois; WGNO, New Orleans, Louisiana

Second Generation of Iowa, LTD
Licensee of Station KFXA
Cedar Rapids, Iowa

Sinclair Broadcast Group, Inc. The respective licensees of the Sinclair Broadcast Group, along with their stations, facility identification numbers, FRNs, licensees, and communities of license that are the subject of this NAL are listed in Appendix A.



Waitt Broadcasting, Inc.
Licensee of Station KMEG
Sioux City, Iowa

WTVH License, Inc.
Licensee of Station WTVH,
Syracuse, New York

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NAL/Acct. No.202241420017
FRN:  0003778552
Facility ID Nos. 40761, 56548, 84088, 74137, 35582, and 42359




NAL/Acct. No. 202241420018
FRN:  0021989033
Facility ID No. 61214

NAL/Acct. No. 202241420019
FRN:  0022238778
Facility ID No. 5158

NAL/Acct. No. 202241420020
FRN:  0022244495
Facility ID No. 73371

NAL/Acct. No. 202241420021
FRN:  0022238810
Facility ID No. 11204

NAL/Acct. No. 202241420022
FRN: 0015021157 
Facility ID No. 16363

NAL/Acct. No. 202241420023
FRN:  0022522981
Facility ID No. 72052

NAL/Acct. No. 202241420024
FRN: 0023159734
Facility ID No. 3133

NAL/Acct. No. 202241420025
FRN:  0021241484
Facility ID No. 21158 

NAL/Acct. No. 202241420026
FRN:  0004995882
Facility ID No. 77063

NAL/Acct. No. 202241420027
FRN:  0019424746
Facility ID No. 23277

NAL/Acct. No. 202241420028
FRN:  0017130642
Facility ID No. 72060

NAL/Acct. No. 202241420029
FRN: 0015431570 
Facility ID No. 82735

NAL/Acct. No. 202241420030
FRN:  0003797305
Facility ID No. 73310

NAL/Acct. No. 202241420031
FRN:  0015435407
Facility ID No. 7227

NAL/Acct. No. 202241420032
FRN:  0015435357
Facility ID Nos. 73375 and 52075


NAL/Acct. No. 202241420033
FRN:  0009961889
Facility ID Nos. 126, 23394, 35670, 10205, 72115, and 72119



NAL/Acct. No. 202241420034
FRN:  0003742939
Facility ID No. 35336

NAL/Acct. No. 202241420035
FRN:  0004331096

NAL/Acct. No. 202241420036 
FRN:  0004957650
Facility ID No. 39665

NAL/Acct. No. 202241420037
FRN:  0006583298
Facility ID No. 74151




NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  September 19, 2022	Released:  September 21, 2022

By the Commission:  Chairwoman Rosenworcel and Commissioner Starks issuing separate statements.

I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (NAL), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (Act), and section 1.80 of the Commission’s Rules (Rules), 47 U.S.C. § 503(b); 47 CFR § 1.80.
 we find that the licensees listed in Appendix A (collectively, Broadcasters) apparently willfully and repeatedly violated section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children’s programming. See 47 CFR § 73.670.  Appendix A identifies the licensees.
  Based upon our review of the facts and circumstances before us, we conclude that each of the Broadcasters is apparently liable for a monetary forfeiture, as specified in Appendix B.
II. BACKGROUND
2. In the Children’s Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 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 renewal applications the extent that the licensee has complied with such commercial limits.  Pursuant to this statutory mandate, the Commission adopted section 73.670 of the Rules, which limits the amount of commercial matter that may be aired during children’s programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. 47 CFR § 73.670.
  The Commission has also stated that a program associated with a product, in which commercials for that product are aired, would be treated as a program-length commercial, (i.e., the entire program would be counted as commercial time). Policies and Rules Concerning Children’s Television Programming, et al., MM Docket Nos. 90-570 and 83-670, Report and Order, 6 FCC Rcd 2111, 2118, paras. 44-46 (1991) (1991 Children’s TV R&O), recon. granted in part, 6 FCC Rcd 5093, 5098, paras. 28-34 (1991) (1991 Children’s TV Recon.).
  In order to verify compliance with the Children’s Programming Commercial Rules, commercial full power and Class A stations are required to file an annual Commercial Limits Certification.  Such records must be retained until final action has been taken on the station’s next license renewal application. 47 CFR § 73.3526(e)(11)(ii).
  As part of a station’s license renewal application, a licensee must certify that “[f]or the period of time covered by this application, the licensee certifies that it has complied with the limits on commercial matter as set forth in 47 CFR Section 73.670 and the Commission’s commercial limit policies related to host-selling and program-length commercials.” See FCC Form 2100, Schedule 303-S, https://www.fcc.gov/sites/default/files/form303stvinstructions.pdf.

3. Congress was particularly concerned about program-length commercials because young children often have difficulty distinguishing between commercials and programs. See S. Rep. No. 101-227, at 24 (1989).
  Given this congressional concern, the Commission has made clear that program-length commercials, by their very nature, are extremely serious violations of the children’s television commercial limits, stating that the program-length commercial policy “directly addresses a fundamental regulatory concern, that children who have difficulty enough distinguishing program content from unrelated commercial matter, not be all the more confused by a show that interweaves program content and commercial matter.” 1991 Children’s TV R&O, 6 FCC Rcd at 2118, para. 44.  See, e.g., KSKN Television Inc., (KSKN(TV)), Spokane, Washington, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 6150, 6152, para. 7 (2010) (KSKN NAL) (forfeiture paid) (finding that a commercial containing a brief reference to “Yu-Gi-Oh!” trading cards airing during the “Yu-Gi-Oh!” program, caused the entire program to be considered a program-length commercial).  Commission precedent has long distinguished between program-length commercials and “conventional” overages (e.g., where the licensee exceeds the time limit on commercial matter but the commercial does not involve a program-related product), and penalized the former more heavily.  See, e.g., North Carolina Broadcasting Partners (WCCB(TV)), Memorandum Opinion and Order and Forfeiture Order, 16 FCC Rcd 5627, 5633, para. 10 (2001) (“The Commission has routinely assessed higher forfeitures for program-length commercials than for a greater number of conventional overages.”).

4. Beginning in June 2020, in the course of filing their license renewal applications (FCC Form 2100, Schedule 303-S), a number of these Broadcasters informed the Commission of repeated violations of the Children’s Programming Commercial Rules. Broadcast licensees file renewal applications on a rolling basis at the conclusion of their renewal terms, and some of the Broadcasters disclosed this information.
  Specifically, multiple Broadcasters responded “No” to the question in their applications entitled Children’s Programming Commercial Limitations, See, e.g., WCHS-TV Application for Renewal of License, LMS File No. 0000115659 (filed Jun. 1, 2020).  Appendix A identifies the file numbers for those renewal applications filed by the responding licensee. 
 indicating that during the previous license term, the respective stations failed to fully comply with the commercial limits on children’s television programming specified in section 73.670 of the Rules, and the Commission’s commercial limit policies related to host-selling and program-length commercials. See id.
  
5. In an exhibit to those applications, these licensees reported that a commercial for Hot Wheels Super Ultimate Garage was inadvertently aired on eleven occasions during eight 30minute-long episodes of Team Hot Wheels between November 10, 2018 and December 16, 2018, and that the commercial was pulled from the program immediately after discovery. Id.  
  Concurrently, multiple nonSinclair licensees similarly informed the Commission in exhibits to their renewal applications that Sinclair was the provider of this Hot Wheels programming, together with the related Super Ultimate Garage commercials, and that these non-Sinclair licensees had also inadvertently aired that commercial on eleven occasions during that same time period. See, e.g., WNAB Application for Renewal of License, LMS File No. 0000142031 (amended Aug. 30, 2021).
  Two of these licensees further informed the Commission in their renewal applications that the episodes aired on two of the stations’ program streams. See Tri-Cities (WEMT-TV) Licensee, Inc. Application for Renewal of License, LMS File No. 0000142612; Deerfield Media (Cincinnati) Licensee, LLC Application for Renewal of License, LMS File No. 0000148180.

6. Appendix A identifies the pending renewal applications that the Broadcasters have filed that concede the commission of these violations.  Where no renewal application is on file for the non-Sinclair Broadcasters, Sinclair has already informed staff that all of its stations listed in Appendix A have committed the violations at issue here, so the OPIF filings are not listed in Appendix A and the last column is left blank where no renewal application is on file for that particular Sinclair station.
 Appendix A identifies the date that the non-Sinclair Broadcasters disclosed these violations in their fourth quarter 2018 Commercial Limits Certifications, available in the online public inspection file (OPIF). Appendix A also indicates the situation where a station certified in its OPIF filing conceding to these violations, but nevertheless subsequently certified “Yes” to the question in their renewal applications that during the previous license term they had complied with the limits on commercial matter as set forth in 47 CFR Section 73.670 and the Commission’s commercial limit policies related to host-selling and program-length commercials.  We will address any licensee non-compliance with our renewal reporting and certification requirements separately when reviewing the renewal application.

7. In early November 2020, Sinclair voluntarily informed Bureau staff more comprehensively that during the previous license term, a total of 85 of its television stations had aired program-length commercials and thus failed to fully comply with the Children’s Programming Commercial Rules. See Appendix A.
  Specifically, Sinclair reported that for 84 of these stations, on eleven occasions between November 10, 2018, and December 15, 2018, the television stations aired a commercial for the “Hot Wheels Super Ultimate Garage” playset during eight 30-minute showings of the program “Team Hot Wheels.” Appendix A lists a total of 83 Sinclair stations because Sinclair subsequently assigned two stations to other parties.  See KBSI Application for Consent to Assignment of Broadcast Station Construction Permit or License, File No. BALCDT-20201113AAZ (granted Jan. 15, 2021); WDKA Application for Consent to Assignment of Broadcast Station Construction Permit or License, File No. BALCDT-20201113AAS (granted Jan. 15, 2021).
  The only deviation to this was Sinclair station WABM, Birmingham, Alabama, which aired nine “Hot Wheels Super Ultimate Garage” commercials during seven episodes of “Team Hot Wheels.” See WAMB Application for Renewal of License, LMS File No. 0000129008 (filed Dec. 1, 2020).

8. On November 23, 2020, the Video Division of the Bureau issued a Notice of Apparent Liability for Forfeiture (Deerfield NAL) finding that Deerfield Media (Baltimore) Licensee, LLC (Deerfield Baltimore) – a non-Sinclair licensee – the licensee of Station WUTB, Baltimore, Maryland, willfully and repeatedly violated section 73.670 of the Rules, by failing to comply with the limits on commercial matter in children’s programming. Deerfield Media (Baltimore) Licensee, LLC, Notice of Apparent Liability for Forfeiture, 35 FCC Rcd 13098 (VD MB 2020) (Deerfield NAL) (forfeiture paid).
  The Bureau issued the NAL based on the airing of a commercial for the “Hot Wheels Super Ultimate Garage” playset on eleven occasions between November 10, 2018, and December 15, 2018 during eight showings of the program “Team Hot Wheels – broadcasts identical to those at issue in the instant proceeding.  The Deerfield NAL concluded that Deerfield was apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000). Id. at 13098, 13099-100, paras. 1, 5.
  The Deerfield NAL determined that an upward adjustment to $20,000 for violations of section 73.670 See Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17113 (1997) (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999); 47 CFR § 1.80(b), note to paragraph (b)(10), Section I.  
 was justified considering the number, nature, and circumstances of the commercial limit overages, and rejected Deerfield’s argument that sought to rely on other cases that involved only conventional commercial overages, or a combination of far fewer program-length commercials. Deerfield NAL at 13101-02, paras. 8-9 (citations omitted).

III. DISCUSSION
9. We find that the Broadcasters are apparently liable for forfeitures in the amount set forth in Appendix B because the record indicates that the broadcast licensees have exceeded the Commission’s commercial limits by airing program-length commercials multiple times.  This behavior constitutes an apparent willful and repeated violation of section 73.670 of the Rules.  Airing a commercial for a Hot Wheels-themed toy during a Hot Wheels-themed show fits squarely within the Commission definition regarding what constitutes a program-length commercial. See 1991 Children’s TV R&O, 6 FCC Rcd at 2118, para. 44 (defining “children’s program-length commercial” as “a program associated with a product, in which commercials for that product are aired”).
  In the context of the cognitive abilities of young children, airing a commercial for a “Hot Wheels Super Ultimate Garage” playset during the “Team Hot Wheels” program presents the clear risk for confusion between “program content” and “commercial matter” that this regulation was designed to avoid. See id.
  Under our precedent, each station—with three exceptions—is liable for eight program-length commercials because only eight episodes of “Team Hot Wheels” were affected; during three of the episodes, a commercial aired twice. In instances where a single airing of a program episode is impacted by multiple advertisements for a product related to the program, we agree with Bureau precedent that licensees are liable for only one program-length commercial.  See Spokane Television, Inc. (KXLY(TV)), Memorandum Opinion and Order and Forfeiture Order, 15 FCC Rcd 9188, 9189-90, paras. 3, 6 (MB 2000).  One exception here concerns station WABM, which broadcast fewer episodes of the “Team Hot Wheels” program than did the other Sinclair stations.  Because WABM aired nine “Hot Wheels Super Ultimate Garage” commercials during seven episodes of the program, Sinclair is liable for seven program-length commercials for that station.  The other two exceptions concern WEMT (licensed to Cunningham Broadcasting Corporation) and WSTR-TV (licensed to Deerfield Media (Cincinnati), Inc., each of which are liable for airing eight program-length commercials on two streams.  In determining whether and how to apply children’s advertising limits and policies to digital programming in 2004, the Commission determined that advertising restrictions for children’s programming should apply to all programming.  Children’s Television Obligations of Digital Television Broadcasters, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd. 22943 (2004) (subsequent history omitted) (“We will apply the commercial limits and policies, as clarified in today’s Order, to all digital video programming directed to children ages 12 and under, whether that programming is aired on a free or pay digital stream.”).  Consequently, multicast streams are not exempt from these restrictions, and the two licensees are liable for sixteen program-length commercials for each of those stations, respectively.
  
A. Apparent Violations
10. We find that the eight instances where each station exceeded the children’s television commercial limits represent a substantial number of apparent violations. The Bureau recently made a similar finding in another related case.  See Deerfield NAL at 13100, para. 6.
  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. See id. at 2117-18.
  The circumstances are particularly egregious here because the commercial in this case centers around a product directly related to the children’s program being aired and was not an isolated occurrence as alleged by the licensees. Compare KSKN NAL, 25 FCC Rcd at 6152, para. 7 (involving brief pictorial and aural reference to the program-related content).
  Although numerous Broadcasters indicate in their renewal applications and commercial limit certification filings that these overages were inadvertent, See, e.g., KAAS-TV OPIF, “KSAS KAAS KOCW 4th Qtr Commercial Limits Report 2018 FCC” (filed Jan. 28, 2019) (stating that “a commercial for Hot Wheels Super Ultimate Garage was inadvertently aired during Team Hot Wheels eleven times between November 11, 2018 and December 16, 2018.  The commercial was pulled from the program immediately upon discovery.”)
 this does not mitigate or excuse the violations.  The Commission has repeatedly rejected inadvertence as a basis for excusing violations of the children’s television commercial limits. See, e.g., id. at 6153, para. 9; North Carolina Broadcasting Partners (WCCB(TV)), Notice of Apparent Liability for Forfeiture, 13 FCC Rcd 3450, 3453 (1997), forfeiture issued, Memorandum Opinion and Order and Forfeiture Order, 16 FCC Rcd. 5627 (2001).

11. While some non-Sinclair licensees point out that the commercials were embedded in the programming provided by Sinclair, we do not find any lessened responsibility. See, e.g., Nexstar WGN Application for Renewal, LMS File No. 0000155350 (“Station is unable to insert commercial announcements in TBD Network programming.  All commercial time is controlled by the network.”) 
  Regardless of the technical or logistical constraints of airing programming, every licensee bears nondelegable responsibility for compliance with its regulatory obligations. Whether the licensee and program supplier are bound by contractual indemnification provisions concerning payment of a monetary forfeiture is immaterial here.  Legal responsibility for the violations always rests with the licensee.  See Application of WCHS-AM-TV Corp., Charleston, W.VA. For Renewal of License of Station WCHS-AM, Memorandum Opinion and Order, 8 FCC 2d 608, 609, para.7 (1967) (“that the syndicator allegedly made an error in the advertising copy does not excuse the licensee from its basic responsibility, a responsibility which we have stated many times cannot be delegated to others, including the program syndicator.  The Commission has always regarded the maintenance of control over programming as a most fundamental obligation of the licensee”); Application for Renewal of Licenses of Nexstar Broadcasting Inc. and Compliance with Children’s Television Act of 1990, Order, FCC 19-85, para. 9 (2019) (“The obligation to comply with this rule [section 73.673] is on the licensee, not a station’s network or syndicator from which a station obtains its programming.”).  The Commission has squarely rejected a claim from a station licensee that it should be absolved from liability for the program-length commercial that it aired because it resulted from an error which occurred in the programming supplied by a network.  Acme Television Licenses of Ohio, LLC, Licensee of Station WBDT(TV) Springfield, Ohio, Notice of Apparent Liability, 25 FCC Rcd. 6145, 6147, para. 8 (2010) (“The Commission has consistently held that a licensee’s reliance on a program's source or producer for compliance with children's television rules and policies will not excuse or mitigate violations which occur.”).

B. Amount of Proposed Forfeiture
12. We issue this NAL pursuant to section 503(b)(1)(B) of the Act.  Under that provision, a person who is determined by the Commission to have willfully or repeatedly failed to comply with any provision of the Act or any rule, regulation, or order issued by the Commission shall be liable to the United States for a forfeiture penalty. See 47 U.S.C. § 503(b)(1)(B); see also 47 CFR § 1.80(a)(2). 
  Section 312(f)(1) of the Act defines willful as “the conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate” the law. 47 U.S.C. § 312(f)(1).
  The legislative history to section 312(f)(1) of the Act clarifies that this definition of willful applies to both sections 312 and 503(b) of the Act, See H.R. Rep. No. 97-765, at 51 (1982) (Conf. Rep.).
 and the Commission has so interpreted the term in the section 503(b) context. See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), recon. denied, 7 FCC Rcd 3454 (1992).
  Section 312(f)(2) of the Act provides that “[t]he term ‘repeated,’ when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.” 47 U.S.C. § 312(f)(2). 
  For the violations at issue here, section 503(b)(2)(A) of the Act authorizes us to assess a forfeiture against a broadcast station licensee of up to $55,052 for each violation or each day of a continuing violation, up to a statutory maximum of $550,531 for a single act or failure to act. See 47 U.S.C. § 503(b)(2)(A); 47 CFR § 1.80(b)(1).  These amounts reflect inflation adjustments to the forfeitures specified in section 503(b)(2)(A) of the Act.  See Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 21-1631 (EB 2021); see also Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 87 Fed.Reg. 396 (Jan. 5, 2022) (setting January 5, 2022, as the effective date for the increases).
  The Commission’s Forfeiture Policy Statement and section 1.80(b) of the Rules establish a base forfeiture amount of $8,000 for each violation of section 73.670. See Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17113 (1997) (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999); 47 CFR § 1.80(b), note to paragraph (b)(10), Section I.
  In determining the appropriate forfeiture amount, we may adjust the base amount upward or downward by considering the factors enumerated in section 503(b)(2)(E) of the Act, including “the nature, circumstances, extent and gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.” 47 U.S.C. § 503(b)(2)(E).  See also Forfeiture Policy Statement, 12 FCC Rcd at 17100-01; 47 CFR § 1.80(b)(10); 47 CFR § 1.80(b), note to paragraph (b)(10), Section II.

13. We emphasize that with regard to enforcement of its commercial limitation regulations generally, the Commission historically has not multiplied the number of overages by the base forfeiture amount and then adjusted up or down from there.  Rather, the Commission historically has started with the base forfeiture amount without any multiplication and has adjusted up or down from there, including by using the number of overages as justifying an upward adjustment.  We do not depart from that precedent here, but we use this opportunity to advise broadcast television licensees, satellite providers, and cable operators that the Commission may revise our approach to forfeiture calculations under the Children’s Television Act in future cases.  Assessing forfeitures on a per-violation basis is supported by the language  of the statute 47 U.S.C. § 303a(b) (specifying commercial limits in terms of maximum number of commercial minutes per hour); 47 CFR § 25.701(e); 47 CFR § 73.670(a); 47 CFR § 76.225(a).
 as well as the text of our rules setting forth base forfeiture amounts, 47 CFR § 1.80(b), note to paragraph (b)(10), Section I (establishing base forfeiture of $8000 per violation of the children’s television commercialization requirements).
 and that approach also would reflect the fact that the regulations are of long standing See 1991 Children’s TV R&O, 6 FCC Rcd at 2118, para. 48 (announcing an effective date of October 1, 1991).  As the Commission has recognized, the roots of the program-length commercial prohibition extend back even further than three decades to the development and adoption of the “host-selling” policy in the 1970s.  See id. at 2118, para. 44 n.147; see also 1991 Children’s TV Recon., 6 FCC Rcd at 5098, paras. 28-34; Action for Children’s Television, 50 FCC 2d 1, 8, 16-17 (1974), recon. denied, 55 FCC 2d 691 (1975), aff’d, Action for Children’s Television v. FCC, 564 F.2d 458 (D.C. Cir. 1977) (policy against “host selling”).
 and so should be well understood by television broadcasters, satellite providers, and cable operators.
14. This Notice addresses exclusively program-length commercial violations committed by the stations subject to this proceeding.  As the Bureau explained in the Deerfield NAL, because of the Commission’s strong policy of treating program-length commercials as extremely serious violations of the children’s television commercial limitations, the Bureau has routinely assessed higher forfeitures for program-length commercials than for a significantly greater number of conventional overages. Deerfield NAL at 13101-02, para. 9.
  As that decision explained, on numerous occasions the Bureau has made a substantial upward adjustment in program-length commercial cases that involved fewer violations than those apparently committed in this case. Id. (citing Mercury Broadcasting Company, Inc. (KMTW(TV)), Forfeiture Order, 25 FCC Rcd 4564, 4565-66, paras. 6-9 (MB 2010 ($16,000 forfeiture for six program-length commercials over the course of approximately one month); WTWB of the Triad, LLC (WTWB(TV)), Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 1652, 1654, para. 7 (MB 2006)  ($17,500 forfeiture for seven program-length commercials)).
  The Commission endorses the Bureau’s application of that approach, and adopts it with regard to the case before us today.
15. Consistent with precedent, the calculation for each station reflects an upward adjustment supported by multiple factors under section 503(b)(2)(E) as relevant to the station’s particular conduct here.  This requires taking into account, among other things, the following criteria set forth in North Carolina Broadcasting Partners:  (1) the number of instances of commercial overages; (2) the length of each overage; (3) the period of time over which the overages occurred; (4) whether or not the licensee established an effective See supra note 28.
 program to ensure compliance; and (5) the specific reasons that the licensee gave for the overages. See, e.g., North Carolina Broadcasting Partners, Memorandum Opinion and Order and Forfeiture Order, 16 FCC Rcd 5627, 5628, para. 2 (2001).
  Because of the factual differences in the stations’ conduct, our application of these factors necessarily varies.  In analyzing the applicable statutory factors, we also consider whether there is any basis for a downward adjustment of the proposed forfeiture against each licensee.  Here, we find none.
16. Sinclair Stations.  In this case, we find that an upward adjustment to $32,000 for each of the 82 Sinclair stations and to $28,000 for WABM, resulting in a total forfeiture of $2,652,000, is warranted considering the number, nature, and circumstances of the commercial limit overages, as well as Sinclair’s history of prior offenses and ability to pay.  We find that an upward adjustment is warranted based on the application of the section 503(b)(2)(E) factors to each station.  First, the overages occurred over a relatively extended period of time, between November 10 and December 16, 2019, with multiple instances of commercial overages during that period (eight for almost every station).  Second, the length of each overage is substantial because they involve program-related commercial messages aired within the program’s time period.  Accordingly, under the Commission’s precedent they constitute program-length commercial violations, which renders  the full 30 minutes of the Hot Wheels program non-compliant. See supra note 10.
  Fourth, Sinclair fails to claim, much less prove, that it had an effective program to ensure compliance.  Fifth, Sinclair’s explanation for the overages was inadequate, i.e., it offered only a bald statement that the overages occurred through inadvertence and that the commercial was pulled upon discovery. See supra note 32.

17. Furthermore, we find that our proposed forfeitures are warranted as a result of Sinclair’s lengthy history of prior offenses for similar violations; the extent, gravity, and circumstances of the violations here; and Sinclair’s ability to pay.  Under these additional considerations, we begin by  taking into account the fact that in the last 17 years Sinclair has been fined or admonished 11 times for programlength commercial violations, establishing an extensive history of prior offenses. WUXP Licensee, LLC (WUXP(TV)), 23 FCC Rcd 6397 (MB 2008) (forfeiture paid); WTVZ Licensee, LLC (WTVZ(TV)), 21 FCC Rcd 1541 (MB 2006) (admonishment); WCWB Licensee, LLC (WPMY(TV)), 23 FCC Rcd 14914 (MB 2008) (admonishment); New York Television, Inc. (WNYO(TV)), 22 FCC Rcd 19379 (MB 2007) (admonishment); Raleigh (WRDC-TV) Licensee, Inc. (WRDC(TV)), 22 FCC Rcd 6688 (MB 2007) (admonishment); WUXP Licensee, LLC (WUXP(TV)), 22 FCC Rcd 6696 (MB 2007) (admonishment); KUPN Licensee, LLC (KVMY(TV)), 22 FCC Rcd 6685 (MB 2007) (admonishment); WLFL Licensee, LLC (WLFL(TV)), 23 FCC Rcd 8182 (MB 2008) (forfeiture paid); KOCB Licensee, LLC (KOCB(TV)), 25 FCC Rcd 3737 (MB 2010) (forfeiture paid); KLGT Licensee, LLC (WUCW(TV), 24 FCC Rcd 949 (MB 2009) (forfeiture paid); WVTV Licensee, Inc. (WVTV(TV)), 25 FCC Rcd 3741 (MB 2010) (forfeiture paid). 
  In addition, the circumstances and extent of the apparent violations here are particularly troubling because an experienced television licensee apparently committed them.  Over the course of slightly more than a month, not a single employee noticed that at least one—and sometimes more—Hot Wheels commercials were airing during a Hot Wheels program. Multiple airings of a commercial make the distinction between programming and commercial matter even more difficult for a child viewer.  See 1991 Children’s TV R&O, 6 FCC Rcd 211, 2118, para. 44 (adopting a definition of children's program-length commercial that “directly addresses a fundamental regulatory concern, that children who have difficulty enough distinguishing program content from unrelated commercial matter, not be all the more confused by a show that interweaves program content and commercial matter.”)
  This is a textbook violation of Commission rules that have been in place for more than 30 years. As recent cases have shown, we consider any program-length commercial to be a serious violation, regardless of the length of the program-related reference, and here the violation is particularly egregious because it involved more than simply a fleeting reference.  See, e.g., Winston Broadcasting Network, Inc. (WBNX(TV)), Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 14606, 14607-09, paras. 4-5, 11 (MB 2008) (finding that a program-length commercial occurred where “only half of the letter ‘M’ and the letters ‘ON’ of ‘Pokémon’ were visible . . . for ‘slightly’ more than one second” in a Nintendo Gameboy commercial during a Pokémon program), Forfeiture Order,  25 FCC Rcd 4571 (MB 2010).
  Sinclair, as a broadcast television company with roots stretching back five decades, Sinclair Broadcast Group, our history, https://sbgi.net/our-history/ (visited March 10, 2022).
 was or should have been long aware of its compliance responsibilities in this context.  Moreover, in light of its compliance record, the company should already have had a robust system in place to vet these advertisements.  We consider Sinclair’s geographically extensive reach to a potentially large national audience of viewers as problematic as well. Viacom, Inc., Notice of Apparent Liability for Forfeiture, 29 FCC Rcd 2548, 2566, para. 38 (2014) aff’d sub nom. Viacom Inc. ESPN Inc., Forfeiture Order, 30 FCC Rcd 797, 805, para. 21 (2015) (forfeitures paid) (assessing forfeitures of $1,120,000 against Viacom and ESPN, based, in pertinent part, upon companies’ networks’ substantial audience reach).
  Finally, given Sinclair’s large revenues, Sinclair reported total revenues of $6,134,000,000 for 2021, $5,934,000,000 for 2020, and $4,240,000,000 for 2019.  Sinclair Broadcast Group, Inc. 2021 Annual Report on SEC Form 10-K, at 60 (Mar. 1, 2022.) 
 a higher fine is appropriate to have an adequate deterrent effect. See, e.g., Viacom, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 2548, 797-98, 805-06, paras. 2, 22 (noting that an upward adjustment is appropriate in light of Viacom's reported annual revenues and the revenues of ESPN's parent); SBC Communications Inc., Order on Review, 17 FCC Rcd 4043, 4052, para. 20 (2002) (“[A] large and highly profitable company . . . should expect . . . that the forfeiture amount” may “be above, or even well above, the relevant base amount.”)
  
18. Nexstar Stations.  For each of the Nexstar stations, we find that an upward adjustment to $26,000 per station is warranted considering the number, nature, and circumstances of the commercial limit overages, as well as each station’s ability to pay.  Again, this calculation reflects an upward adjustment for each of these stations supported by multiple factors under section 503(b)(2)(E) relevant to the licensees’ particular conduct here, consistent with precedent.  Similar to our analysis of Sinclair’s conduct, we find that an upward adjustment is warranted because the relevant time period during which the violations occurred was relatively extensive (November 10 through December 16, 2019) and the number of overages broadcast during that period was significant (eight for every station); the length of each overage (a 30-minute program-length commercial); the omission of any claim concerning establishment of an effective program to ensure compliance; Nexstar does indicate that it has reminded its employees of their obligations.  See, e.g., Nexstar WGN License Renewal Application, LMS File No. 0000155350 (filed Aug. 2, 2021) (“The Station verbally reminded all pertinent employees in  the traffic department and master control to double check scheduled commercial time, including content, during all children’s programming, on both a program and clock hour basis, and to print the program logs before scheduled air time as additional confirmation.”)  However, this verbal reminder does not constitute a program of compliance.
 and the inadequacy of an explanation for the overages.  In addition, like Sinclair, Nexstar  is a large, publicly traded company with significant revenue comparable to that of Sinclair. Based on publicly available revenues, Nexstar had the second-highest reported revenue of the Broadcasters.  Nexstar reported total net revenues of $4,648,371,000 for 2021, $4,501,269,000 for 2020, and $4,501,269,000 for 2019.  Nexstar Media Group, Inc. 2021 Annual Report on SEC Form 10-K, at 46  (Feb. 28, 2022.).  Sinclair has  in excess of $6 billion reported revenues in 2021.  See supra note 57.
  As we have previously noted and “as Congress has stated, for a forfeiture to be an effective deterrent . . . [it] must be issued at a high level . . . to guarantee that forfeitures issued against large or highly profitable entities are not considered merely an affordable cost of doing business.” Forfeiture Policy Statement, 12 FCC Rcd at 17099-100, para. 24.  See SBC Communications Inc., Order on Review, 17 FCC Rcd 4043, 4052, para. 20 (2002) (forfeiture paid) (“[A] large and highly profitable company . . . should expect . . . that the forfeiture amount” may “be above, or even well above, the relevant base amount”). 
  Accordingly, the substantial upward adjustment proposed here is warranted. However, unlike Sinclair, Nexstar does not have a lengthy history of prior offenses of the children’s television commercial rules.  Accordingly, we do not consider that factor in the proposed forfeiture calculation here.
  
19. Other Stations.  For each of the other stations not owned by Sinclair or Nexstar, we find that an upward adjustment to $20,000 per station is warranted considering the number, nature, and circumstances of the commercial limit overages.  Again, this calculation reflects an upward adjustment for each of these stations supported by multiple factors under section 503(b)(2)(E) relevant to the licensees’ conduct here: the period of time over which the overages occurred (between November 10 and December 16, 2019, with multiple instances of commercial overages for each station (eight for every station) during the period; the length of each overage (a 30-minute program-length commercial); the omission of any claim concerning an effective compliance program; and the inadequacy of the explanation for the overages, i.e., the bald statement that the overages occurred through inadvertence and that the commercial was pulled upon discovery.  However, none of these Broadcasters present the same extensive combination of upward adjustment factors that we apply to Sinclair or Nexstar, as discussed above.  While some of these licensees are experienced broadcasters, none of them has as lengthy a history of prior offenses of the children’s television commercial limitations as Sinclair.  There also is no indication that any of these other station licensees or their parent companies have revenues comparable to those of Sinclair and Nexstar.  Accordingly, while the substantial upward adjustments proposed here for these other stations are warranted, the proposed amounts are less than those proposed for Sinclair or Nexstar based on the latter group’s ability to pay warranted. Any entity that is a “Small Business Concern” as defined in the Small Business Act (Pub. L. 85-536, 72 Stat. 384 (codified as amended at 15 U.S.C. §§ 631 et seq. (2010)) may avail itself of rights set forth in that Act, including rights set forth in 15 U.S.C. § 657, “Oversight of Regulatory Enforcement,” in addition to other rights set forth herein.

IV. ORDERING CLAUSES
20. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, 47 U.S.C. § 503(b); 47 CFR § 1.80.
 that Sinclair Broadcast Group, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of two million, six hundred and fifty-two thousand dollars ($2,652,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming. 47 CFR § 73.670.

21. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Sinclair Broadcast Group, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
22. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Cunningham Broadcasting Group, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one hundred and forty thousand dollars ($140,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
23. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Cunningham Broadcasting Group, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
24. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Deerfield Media (Port Arthur), Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
25. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Deerfield Media (Port Arthur), Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
26. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Deerfield Media (San Antonio), Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
27. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Deerfield Media (San Antonio), Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
28. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Deerfield Media (Rochester), Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
29. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Deerfield Media (Rochester), Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
30. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that , Deerfield Media (Cincinnati), Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty thousand dollars ($40,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
31. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Deerfield Media (Cincinnati), Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
32. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that GoCom Media of Illinois, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
33. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, GoCom Media of Illinois, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
34. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that HSH Flint (WEYI) Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
35. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, HSH Flint (WEYI) Licensee, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
36. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that HSH Myrtle Beach (WWMB) Licensee, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
37. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, HSH Myrtle Beach (WWMB) Licensee, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
38. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, Manhan Media, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
39. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Manhan Media, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
40. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, Mercury Broadcasting Company, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
41. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Mercury Broadcasting Company, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
42. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Mitts Telecasting Company, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
43. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Mitts Telecasting Company, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
44. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that MPS Media of Tallahassee License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
45. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, MPS Media of Tallahassee License, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
46. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that MPS Media of Tennessee License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
47. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, MPS Media of Tennessee License, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
48. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Nashville License Holdings, L.L.C., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
49. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Nashville License Holdings, L.L.C., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
50. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that New Age Media of Gainesville License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20, 000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
51. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, New Age Media of Gainesville License, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
52. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that New Age Media of Pennsylvania License, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of forty thousand dollars ($40,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
53. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, New Age Media of Pennsylvania License, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
54. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Nexstar Broadcasting, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one hundred and eighty-two thousand dollars ($182,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
55. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Nexstar Broadcasting, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
56. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Second Generation of Iowa, LTD, is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
57. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Second Generation of Iowa, LTD, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
58. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that Waitt Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
59. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, Waitt Broadcasting, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
60. IT IS FURTHER ORDERED, pursuant to section 503(b) of the Communications Act of 1934, as amended, and section 1.80 of the Commission’s rules, that WTVH License, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of twenty thousand dollars ($20,000) for its apparent willful and repeated violations of section 73.670 of the Commission’s rules, by failing to comply with the limits on commercial matter in children’s programming.
61. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission’s rules, that, within thirty (30) days of the release date of this Notice of Apparent Liability for Forfeiture, WTVH License, Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.  
62. Electronic notification of forfeiture payment must be sent to the Chief, Media Bureau, Video Division at Barbara.Kreisman@FCC.gov, and Jeremy Miller at Jeremy.Miller@FCC.gov on the date said payment is made.  Payment of the forfeiture must be made by credit card, ACH (Automated Clearing House) debit from a bank account using CORES (the Commission’s online payment system), Payments made using CORES do not require the submission of an FCC Form 159.
 or by wire transfer.  Payments by check or money order to pay a forfeiture are no longer accepted.  Below are instructions that payors should follow based on the form of payment selected: For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6), or by e-mail at ARINQUIRIES@fcc.gov.  
 
63. Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001.  A completed Form 159 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated.  Failure to provide all required information in Form 159 may result in payment not being recognized as having been received.  When completing FCC Form 159, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN). Instructions for completing the form may be obtained at https://www.fcc.gov/Forms/Form159/159.pdf. 
  For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer.  
64. Payment by credit card must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do.  To pay by credit card, log-in using the FCC Username associated to the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the NAL/Acct. No.  The bill number is the NAL Acct. No. (e.g., NAL/Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678).  After selecting the bill for payment, choose the “Pay by Credit Card” option.  Please note that there is a $24,999.99 limit on credit card transactions.
65. Payment by ACH must be made by using the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/paymentFrnLogin.do.  To pay by ACH, log in using the FRN captioned above.  If payment must be split across FRNs, complete this process for each FRN.  Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN.  Select the “Open Bills” tab and find the bill number associated with the NAL/Acct. No.  The bill number is the NAL/Acct. No. (e.g., NAL/Acct. No. 1912345678 would be associated with FCC Bill Number 1912345678).  Finally, choose the “Pay from Bank Account” option.  Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions.
66. Any request for making full payment over time under an installment plan should be sent to:  Associate Managing Director—Financial Operations, Federal Communications Commission, 45 L Street NE, Washington, DC 20554. See 47 CFR § 1.1914.
  Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201 (option #6), or by e-mail, ARINQUIRIES@fcc.gov.
67. Any written response seeking reduction or cancellation of the proposed forfeiture must include a detailed factual statement supported by appropriate documentation and affidavits pursuant to sections 1.16 and 1.80(f)(3) of the Commission’s rules. 47 CFR §§ 1.16 and 1.80(f)(3).
  The written response must be filed with the Office of the Secretary, Federal Communications Commission, 45 L Street NE, Washington DC 20554, ATTN: Barbara Kreisman, Chief, Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.  Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings.  This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.  See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Filing, Public Notice, 35 FCC Rcd 2788 (2020).
  A courtesy copy emailed to jeremy.miller@fcc.gov will assist in processing the response.
· Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. 
· Postal Service First-Class, Express, and Priority Mail must be addressed to 45 L Street, NE, Washington, DC 20554.
68. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the respondent submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices (GAAP); or (3) some other reliable and objective documentation that accurately reflects the respondent’s current financial status.  Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.  Inability to pay, however, is only one of several factors that the Commission will consider in determining the appropriate forfeiture, and we have discretion to not reduce or cancel the forfeiture if other prongs of section § 503(b)(2)(E) of the Communications Act of 1934, as amended, support that result. 47 U.S.C. § 503(b)(2)(E).  See, e.g., Adrian Abramovich, Forfeiture Order, 33 FCC Rcd 4663, 4678-79, paras. 4445 (2018).
  
69. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Sinclair Broadcast Group, Inc., c/o Miles S. Mason, Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036.
70. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Deerfield Media (Port Arthur), Inc., c/o Scott R. Flick , Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036. 
71. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Deerfield Media (San Antonio), Inc., c/o Scott R. Flick , Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036. 
72. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Deerfield Media (Rochester), Inc., c/o Scott R. Flick , Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036. 
73. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Deerfield Media (Cincinnati), Inc., c/o Scott R. Flick , Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036. 
74. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to GoCom Media of Illinois, LLC, c/o Dan Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW, Suite 1100, Washington, DC 20036. 
75. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to HSH Flint (WEYI) Licensee, LLC, c/o Colby May Esq., P.C., PO Box 15473, Washington, DC 20003. 
76. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to HSH Myrtle Beach (WWMB) Licensee, LLC, c/o Colby May Esq., P.C., PO Box 15473, Washington, DC 20003. 
77. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Manhan Media, Inc., c/o Scott R. Flick , Esq., Pillsbury Winthrop Shaw Pittman LLP, 1200 Seventeenth Street, NW, Washington, DC 20036.
78. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Mercury Broadcasting Company, Inc., c/o Dan Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW, Suite 1100, Washington, DC 20036. 
79. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Mitts Telecasting Company, LLC, c/o Christina Burrow, Cooley LLP, 1299 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004.
80. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to MPS Media of Tallahassee License, LLC, c/o Daniel A Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW Suite 1100, Washington, DC 20036. 
81. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to MPS Media of Tennessee License, LLC, c/o Daniel Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW Suite 1100, Washington, DC 20036. 
82. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Nashville License Holdings, L.L.C., c/o Christina Burrow, Cooley LLP, 1299 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004.. 
83. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to New Age Media of Gainesville License, LLC, c/o Daniel A Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW Suite 1100, Washington, DC 20036.
84. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to New Age Media of Pennsylvania License, LLC, c/o Daniel Kirkpatrick, Baker & Hostetler LLP, 1050 Connecticut Avenue, NW Suite 1100, Washington, DC 20036. 
85. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Nexstar Broadcasting, Inc., Elizabeth Ryder, 545 E John Carpenter Freeway, Irving, TX 75062.
86. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Second Generation of Iowa, LTD, c/o Dennis P Corbett, Telecommunications Law Professionals PLLC, 1025 Connecticut Ave, NW, Suite 1011, Washington, DC 20036.
87. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to Waitt Broadcasting, Inc., c/o Lawrence Bernstein, Esq., Law Offices of Lawrence Bernstein, 3510 Springland LN NW, Washington, DC 20008.
88. IT IS FURTHER ORDERED, that copies of this Notice of Apparent Liability for Forfeiture shall be sent by First Class and Certified Mail, Return Receipt Requested, to WTVH License, Inc., c/o Christina Burrow, Cooley LLP, 1299 Pennsylvania Avenue, NW, Suite 700, Washington, DC 20004.

						FEDERAL COMMUNICATIONS COMMISSION




						Marlene H. Dortch
						Secretary
2

Appendix A

Sinclair Broadcast Group, Inc.

Station
Fac. ID.
FRN
Licensee
Community of License
Renewal LMS File No.
KAAS-LP
11968
0021925797
KSAS Licensee, LLC
Garden City, Kansas

KAAS-TV
11912
0021925797
KSAS Licensee, LLC
Salina, Kansas
0000184038
KABB
56528
0004970455
KABB Licensee, LLC
San Antonio, Texas
0000188677
KATV
33543
0023870488
KATV Licensee, LLC
Little Rock, Arkansas
0000134828
KBFX-CD
51501
0023174451
Sinclair Bakersfield Licensee, LLC
Bakersfield, California

KCBY-TV
49750
0023174535
Sinclair Eugene Licensee, LLC
Coos Bay, Oregon

KDBC-TV
33764
0018608257
KDBC Licensee, LLC
El Paso, Texas
0000188724
KDNL-TV
56524
0002144459
KDNL Licensee, LLC
St. Louis, Missouri
0000162421
KDSM-TV
56527
0005019195
KDSM Licensee, LLC
Des Moines, Iowa
0000162382
KFRE-TV
59013
0018608265
KFRE Licensee, LLC
Sanger, California

KFXL-TV
84453
0009529157
KHGI Licensee, LLC
Lincoln, Nebraska
0000184093
KHGI-TV
21160
0009529157
KHGI Licensee, LLC
Kearney, Nebraska
0000184081
KJZZ-TV
36607
0025502048
KJZZ Licensee, LLC
Salt Lake City, Utah
0000192722
KMYU
35822
0021144076
KUTV Licensee, LLC
St. George, Utah
0000192731
KOCB
50170
0004970596
KOCB Licensee, LLC
Oklahoma City, Oklahoma
0000183912
KORX-CD
71072
0023174600
Sinclair Kennewick Licensee, LLC
Walla Walla, Washington

KPIC
61551
0006335509
South West Oregon TV Broadcasting Corp.
Roseburg, Oregon

KPTH
77451
0022764187
KPTH Licensee, LLC
Sioux City, Iowa
0000162399
KRCG
41110
0022491815
KRCG Licensee, LLC
Jefferson City, Missouri
0000162436
KRVU-LD
40203
0026977595
Sinclair-California Licensee, LLC
Redding, California

KSAS-LP
11967
0021925797
KSAS Licensee, LLC
Dodge City, Kansas
0000184004
KSAS-TV
11911
0021925797
KSAS Licensee, LLC
Wichita, Kansas
0000184004
KSCC
82910
0024962136
KUQI Licensee, LLC
Corpus Christi, Texas
0000188663
KTUL
35685
0023870496
KTUL Licensee, LLC
Tulsa, Oklahoma
0000183846
KTVL
22570
0021268370
KTVL Licensee, LLC
Medford, Oregon

KUNP
81447
0023174584
Sinclair LaGrande Licensee, LLC
La Grande, Oregon

KUNS-TV
4624
0023174477
Sinclair Seattle Licensee, LLC
Bellevue, Washington

KUNW-CD
167797
0023174600
Sinclair Kennewick Licensee, LLC
Yakima, Washington

KUTV
35823
0021144076
KUTV Licensee, LLC
Salt Lake City, Utah
0000192734
KVAL-TV
49766
0023174535
Sinclair Eugene Licensee, LLC
Eugene, Oregon

KVCW
10195
0004970646
KUPN Licensee, LLC
Las Vegas, Nevada
0000192779
KVVK-CD
25358
0023174600
Sinclair Kennewick Licensee, LLC
Kennewick, Etc., Washington

KYUU-LD
190303
0023174428
Sinclair Boise Licensee, LLC
Boise, Idaho

WABM
16820
0003180684
Birmingham (WABM-TV) Licensee, Inc.
Birmingham, Alabama
0000129008
WACH
19199
0022491450
WACH Licensee, LLC
Columbia, South Carolina
0000120011
WCHS-TV
71280
0002144434
WCHS Licensee, LLC
Charleston, West Virginia
0000115659
WCIV
9015
0004970851
WMMP Licensee L.P.
Charleston, South Carolina
0000120010
WCTI-TV
18334
0026809707
WCTI Licensee, LLC
New Bern, North Carolina
0000119989
WCWF
73042
0023893217
WCWF Licensee, LLC
Suring, Wisconsin
0000155368
WCWN
73264
0021268297
WCWN Licensee, LLC
Schenectady, New York

WEAR-TV
71363
0004970935
WEAR Licensee, LLC
Pensacola, Florida
0000123686
WFGX
6554
0011277373
WFGX Licensee, LLC
Fort Walton Beach, Florida
0000123700
WFXL
70815
0022490171
WFXL Licensee, LLC
Albany, Georgia
0000129031
WGME-TV
25683
0004970950
WGME Licensee, LLC
Portland, Maine

WHP-TV
72313
0026560300
Harrisburg Licensee, LLC
Harrisburg, Pennsylvania

WICD
25684
0004970836
WICD Licensee, LLC
Champaign, Illinois
0000155358
WICS
25686
0004970802
WICS Licensee, LLC
Springfield, Illinois
0000155354
WJAC-TV
73120
0022463947
WJAC Licensee, LLC
Johnstown, Pennsylvania

WJAR
50780
0023893225
WJAR Licensee, LLC
Providence, Rhode Island

WJLA-TV
1051
0020222774
ACC Licensee, LLC
Washington, DC
0000115663
WKEF
73155
0004970844
WKEF Licensee L.P.
Dayton, Ohio
0000148894
WKRC-TV
11289
0021925771
WKRC Licensee, LLC
Cincinnati, Ohio
0000148908
WLFL
73205
0005019781
WLFL Licensee, LLC
Raleigh, North Carolina
0000119994
WLOS
56537
0004676755
WLOS Licensee, LLC
Asheville, North Carolina
0000120063
WLUK-TV
4150
0023893233
WLUK Licensee, LLC
Green Bay, Wisconsin
0000155365
WMSN-TV
10221
0006551824
WMSN Licensee, LLC
Madison, Wisconsin
0000155371
WMYV
25544
0006212906
WUPN Licensee, LLC
Greensboro, North Carolina
0000120007
WNWO-TV
73354
0022491864
WNWO Licensee, LLC
Toledo, Ohio
0000148871
WNYO-TV
67784
0006735864
New York Television, Inc.
Buffalo, New York

WPNT
73907
0006754667
WCWB Licensee, LLC
Pittsburgh, Pennsylvania

WRDC
54963
0003175148
Raleigh (WRDC-TV) Licensee, Inc.
Durham, North Carolina
0000119998
WRGB
73942
0021268289
WRGB Licensee, LLC
Schenectady, New York

WRLH-TV
412
0006551782
WRLH Licensee, LLC
Richmond, Virginia
0000115665
WSBT-TV
73983
0022491823
WSBT Licensee, LLC
South Bend, Indiana
0000142573
WSET-TV
73988
0023870470
WSET Licensee, LLC
Lynchburg, Virginia
0000115666
WSMH
21737
0005020904
WSMH Licensee, LLC
Flint, Michigan
0000148827
WSTM-TV
21252
0022491633
WSTQ Licensee, LLC
Syracuse, New York

WSTQ-LP
10320
0022491633
WSTQ Licensee, LLC
Syracuse, New York

WTCN-CD
70865
0021144092
WTVX Licensee, LLC
Palm Beach, Florida
0000123746
WTGS
27245
0023893191
WTGS Licensee, LLC
Hardeeville, South Carolina
0000120018
WTOV-TV
74122
0022463913
WTOV Licensee, LLC
Steubenville, Ohio
0000148930
WTTO
74138
0005020946
WTTO Licensee, LLC
Homewood, Alabama
0000129025
WTVC
22590
0021268313
WTVC Licensee, LLC
Chattanooga, Tennessee
0000142540
WTVX
35575
0021144092
WTVX Licensee, LLC
Fort Pierce, Florida
0000123743
WTVZ-TV
40759
0005020979
WTVZ Licensee, LLC
Norfolk, Virginia
0000115652
WTWC-TV
66908
0004970901
WTWC Licensee, LLC
Tallahassee, Florida
0000123726
WUCW
36395
0003865078
KLGT Licensee, LLC
Minneapolis, Minnesota
0000175973
WUHF
413
0006551568
WUHF Licensee, LLC
Rochester, New York

WUTV
415
0006551626
WUTV Licensee, LLC
Buffalo, New York

WVTV
74174
0002209260
WVTV Licensee, Inc.
Milwaukee, Wisconsin
0000155375
WWMT
74195
0021268263
WWMT Licensee, LLC
Kalamazoo, Michigan
0000148834
WXLV-TV
414
0006551709
WXLV Licensee, LLC
Winston-Salem, North Carolina
0000120002
WZTV
418
0006551758
WZTV Licensee, LLC
Nashville, Tennessee
0000142556


Cunningham Broadcasting Corporation
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WEMT
40761
0014740716
Tri-Cities (WEMT-TV) Licensee, Inc.
Greeneville, Tennessee
LMS File No. 0000142612 The renewal application states that the episodes aired on two of the station’s program streams.

WMYA
56548
0009336348
Anderson (WFBC-TV), Licensee, LLC
Anderson, South Carolina
LMS File No. 0000119946
WPFO
84088
0026729665
Portland (WPFO-TV) Licensee, Inc.
Waterville, Maine
OPIF filed 1/28/2019
WTTE
74137
0003778925
Columbus (WTTE-TV) Licensee, Inc.
Columbus, Ohio
LMS File No. 0000148208
WYDO
35582
0027174721
New Bern (WYDO-TV) Licensee, Inc.
Greenville, North Carolina
LMS File No. 0000119938
KTXD-TV
42359
0000034280
Greenville (KTXD-TV) Licensee, Inc.
Greenville, TX
LMS File No. 000018852
Deerfield Media (Port Arthur), Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KBTV-TV
61214
0021989033
Deerfield Media (Port Arthur), Inc.
Port Arthur, Texas
LMS File No. 0000188614

Deerfield Media (San Antonio), Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KMYS
51518
0022238778
Deerfield Media (San Antonio), Inc.
Kerrville, Texas
LMS File No. 0000188645

Deerfield Media (Rochester), Inc
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WHAM-TV
73371
0022244495
Deerfield Media (Rochester) Licensee, LLC
Rochester, New York
OPIF filed 11/4/2020

Deerfield Media (Cincinnati) Licensee, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WSTR-TV
11204
0022238810
Deerfield Media (Cincinnati) Licensee, LLC
Cincinnati, Ohio
LMS File No. 0000148180 The renewal application states that the episodes aired on two of the station’s program streams.


GoCom Media of Illinois, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WBUI
16363
0015021157
GoCom Media of Illinois, LLC
Decatur, Illinois
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000155313.


HSH Flint (WEYI) Licensee, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WEYI-TV
72052
0022522981
HSH Flint (WEYI) Licensee, LLC
Saginaw, Michigan
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000147301.


HSH Myrtle Beach (WWMB) Licensee, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WWMB
3133
0023159734
HSH Myrtle Beach (WWMB) Licensee, LLC
Florence, South Carolina
OPIF filed on 4/19/2021 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000119564.


Manhan Media, Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WWHO
21158
0021241484
Manhan Media, Inc.
Chillicothe, Ohio
LMS File No. 0000148170

Mercury Broadcasting Company, Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KMTW
77063
0004995882
Mercury Broadcasting Company, Inc. 
Hutchinson, Kansas
LMS File No. 0000183206

Mitts Telecasting Company, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KXVO
23277
0019424746
Mitts Telecasting Company, LLC
Omaha, Nebraska
LMS File No. 0000183694

MPS Media
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WTLF
82735
0015431570
MPS Media of Tallahassee License, LLC
Tallahassee, Florida
OPIF filed on 1/29/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000123433.

WFLI-TV
72060
0017130642
MPS Media of Tennessee License, LLC 
Cleveland, Tennessee
OPIF filed on 1/29/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000142526.


Nashville License Holdings
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WNAB
73310
0003797305
Nashville License Holdings, L.L.C.

Nashville, Tennessee
LMS File No. 0000142032

New Age Media of Gainesville License, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WGFL
7727
0015435407
New Age Media of Gainesville License, LLC 
High Springs, Florida
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000123425.


New Age Media of Pennsylvania License, LLC
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WOLF-TV
73375
0015435357
New Age Media of Pennsylvania License, LLC
Hazleton, Pennsylvania
OPIF filed on 1/28/2019
WQMY
52075
0015435357
New Age Media of Pennsylvania License, LLC
Williamsport, Pennsylvania
OPIF filed on 1/28/2019

Nexstar Broadcasting, Inc. 
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KDVR
126
0022824668
Tribune Broadcasting Company II, LLC
Denver, Colorado
LMS File No. 0000175158
KIAH
23394
0005047105
Tribune Media Company
Houston, Texas
LMS File No. 0000188808
KTLA
35670
0005047105
Tribune Media Company
Los Angeles, California
OPIF filed on 1/26/2019
KTXL
10205
0005047105
Tribune Media Company
Sacramento, California
OPIF filed on 2/8/2019
WGN-TV
72115
0005047105
Tribune Media Company


Chicago, Illinois
LMS File No. 0000155350
WGNO
72119
0002847564
Tribune Television New Orleans, Inc.
New Orleans, Louisiana
LMS File No. 0000134899
WDAF
11291
0003476421
WDAF License, Inc.
Kansas City, Missouri
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000161555.


Second Generation of Iowa, LTD
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KFXA
35336
0003742939
Second Generation of Iowa, LTD
Cedar Rapids, Iowa
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000161068.


Waitt Broadcasting, Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
KMEG
39665
0004957650
Waitt Broadcasting, Inc.
Sioux City, Iowa
OPIF filed on 1/28/2019 Licensee did not disclose Hot Wheels violation in its renewal application.  See LMS File No. 0000159443.


WTVH License, Inc.
Station
Fac. ID.
FRN
Licensee
Community of License
Renewal No./
OPIF Cert.
WTVH
74151
0006583298
WTVH License, Inc.
Syracuse, New York
OPIF filed on 1/27/2019

Appendix B

Proposed Forfeitures
Licensee or Ultimate Parent
FRN
Number of Stations
Violation Amount per Station
Amount of Proposed Forfeiture
Sinclair Broadcast Group, Inc.
0004331096
83 WABM aired seven episodes containing “Hot Wheels Super Ultimate Garage” commercials rather than the eight aired by the other stations and thus we find an upward adjustment to $28,000 warranted for WABM.  As noted previously, we find an upward adjustment to $32,000 for each of the other 82 Sinclair stations.  Accordingly, for Sinclair, the proposed forfeiture was calculated as follows: 82 x $32,000 + $28,000 = $2,652,000.

$32,000
$2,652,000
Cunningham Broadcasting Corporation
0003778552
6 Episodes aired on two of WEMT’s program streams.

$20,000
$140,000
Deerfield Media (Port Arthur), Inc.
0021989033
1
$20,000
$20,000
Deerfield Media (San Antonio), Inc.
0022238778
1
$20,000
$20,000
Deerfield Media (Rochester), Inc.
0022244495
1
$20,000
$20,000
Deerfield Media (Cincinnati), Inc.
0022238810
1 Episodes aired on two of WSTR-TV’s program streams.

$20,000
$40,000
GoCom Media of Illinois, LLC
0015021157
1
$20,000
$20,000
HSH Flint (WEYI) Licensee, LLC
0022522981
1
$20,000
$20,000
HSH Myrtle Beach (WWMB) Licensee, LLC
0023159734
1
$20,000
$20,000
Manhan Media, Inc.
0021241484
1
$20,000
$20,000
Mercury Broadcasting Company, Inc.
0004995882
1
$20,000
$20,000
Mitts Telecasting Company, LLC
0019424746
1
$20,000
$20,000
MPS Media of Tallahassee License, LLC
0015431570
1
$20,000
$20,000
MPS Media of Tennessee License, LLC
0017130642
1
$20,000
$20,000
Nashville License Holdings, L.L.C.
0003797305
1
$20,000
$20,000
New Age Media of Gainesville License, LLC
0015435407
1
$20,000
$20,000
New Age Media of Pennsylvania License, LLC
0015435357
2
$20,000
$40,000
Nexstar Broadcasting, Inc.
0009961889
7
$26,000
$182,000
Second Generation of Iowa, LTD
0003742939
1
$20,000
$20,000
Proposed Forfeitures
Licensee or Ultimate Parent
FRN
Number of Stations
Violation Amount per Station
Amount of Proposed Forfeiture
Waitt Broadcasting, Inc.
0004957650
1
$20,000
$20,000
WTVH License, Inc.
0006583298
1
$20,000
$20,000

STATEMENT OF
CHAIRWOMAN JESSICA ROSENWORCEL

Re:	In the Matter of Cunningham Broadcasting Corporation, et al., Notice of Apparent Liability for Forfeiture 

	It is not always easy to be a mom right now.  I know, because I am one.  The screens around us are multiplying, and it is hard to keep tabs on what our kids are consuming.  But in the Children’s Television Act, Congress sought to ensure that broadcasting would remain a special place for kids’ content.  The law put clear limits on advertising on children’s programming.  Those limits were ignored here, where broadcasters mixed toy commercials with content and violated our rules.  This Notice of Apparent Liability is the result.  I thank my colleagues for supporting this enforcement action because every parent wants to know their kids are safe and with so many ways to watch, honoring the principles in the Children’s Television Act is essential.
	Federal Communications Commission	"FCC  XX-XXX"


STATEMENT OF 
COMMISSIONER GEOFFREY STARKS

Re: 	In the Matter of Cunningham Broadcasting Corporation, et al., Notice of Apparent Liability for Forfeiture

I have heard from parents across the United States who consistently use one word when they describe children’s programming—“trust.”  Our rules prohibit broadcasters from airing advertisements during children’s programming for products that are featured in that programming.  Specifically, prohibiting these “program length commercials” codifies a specific concern Congress raised when it passed the Children’s Television Act of 1990—the commercialization of broadcast children’s programming.  If anything, this rule is more important now than it was 30 years ago, particularly given the rise of online programming.  

An analogy may help.  If non-broadcast sources, including online outlets, are the ocean—where there may or may not be harsh waves and danger—then broadcast television is the trusted local pool.  Yes, many families today may turn online for children’s programming (though, as I’ve previously discussed, this is not an option for all households, including those that still lack access to broadband at home), but there are no limits on the commercialization of non-broadcast children’s programming.  Without those limits, we see content that appears designed to advertise to children—serving children targeted advertisements, and even collecting their personal information for advertising and other purposes.  Thankfully, broadcast television offers a safe alternative.  And not only is it the sole platform where advertising on children’s programming is regulated and limited, but that programming is available to all Americans for free over-the-air.  Broadcasters must live up to their obligations to ensure that their platform continues to play this important role for our nation’s families.  

Which brings us to today.  The violations before us are as textbook as they come, and were conceded by the broadcasters.  Here, they repeatedly aired commercials for a Hot Wheels-themed toy during a Hot Wheels-themed program.  I support our action against these clear rule violations.  Today, this earns these 21 broadcasters substantial fines.  But my hope is that tomorrow, and in the days that follow, it motivates them—and all broadcasters, large and small—to dedicate those resources necessary to ensure compliance with this important rule.


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