**DA 07-1369**

**Released: March 22, 2007**

**[CERTIFIED MAIL -- RETURN RECEIPT REQUESTED]{.underline}**

Clear Channel Broadcasting Licenses, Inc.

WJKT(TV)

P.O. Box 470408

Tulsa, Oklahoma 74147

Re: Clear Channel Broadcasting Licenses, Inc. WJKT(TV), Jackson,
Tennessee

Facility ID No. 68519

File No. BRCT-20050401AVK

Dear Licensee:

This refers to your license renewal application for station WJKT(TV),
Jackson, Tennessee.

In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat.
996-1000, *codified at* 47 U.S.C. Sections 303a, 303b and 394, Congress
directed the Commission to adopt rules, *inter alia,* limiting the
number of minutes of commercial matter that television stations may air
during children's programming, and to consider in its review of
television license renewals the extent to which the licensee has
complied with such commercial limits. Pursuant to this statutory
mandate, the Commission adopted Section 73.670 of the Rules, 47 C.F.R. §
73.670, which limits the amount of commercial matter which may be aired
during children's programming to 10.5 minutes per hour on weekends and
12 minutes per hour on weekdays. 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 that 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 Rcd 2111, 2118, *recon. granted in part*, 6 FCC Rcd
5093, 5098 (1991). The commercial limitations became effective on
January 1, 1992. *Children's Television Programming,* 6 FCC Rcd 5529,
5530 (1991).

On April 1, 2005, you filed the above-referenced license renewal
application for station WJKT(TV). In response to Section IV, Question 5
of that application, you certify that, during the previous license term,
WJKT(TV) failed to comply with the limitations on commercial matter in
children's programming specified in Section 73.670 of the Commission's
Rules. In Exhibit 19 to that application, you indicate that station
WJKT(TV) violated the children's television commercial limits and
policies on August 20, 1998 and January 19, 2003. You characterize those
two violations as consisting of an 80-second overage and a
program-length commercial, both of which you attribute to human error.
Finally, you describe corrective measures taken subsequently to prevent
future violations.

Clear Channel Broadcasting Licenses, Inc.'s record of exceeding the
children's television commercial limits on two occasions, including one
program-length commercial, is unacceptable and means that children have
been subjected to commercial matter 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, 101^st^ Cong., 1^st^ Sess. 24
(1989). Given this Congressional concern, the Commission made it 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."[^1]

The only reason cited for the overages, human error, does not mitigate
or excuse the violations. In fact, the Commission has repeatedly
rejected human error and inadvertence as a basis for excusing violations
of the children's television commercial limits. *See, e.g., LeSea
Broadcasting Corp. (WHKE(TV))*, 10 FCC Rcd 4977 (MMB 1995); *Buffalo
Management Enterprises Corp. (WIVB-TV)*, 10 FCC Rcd 4959 (MMB 1995);
*Act III Broadcasting License Corp. (WUTV(TV))*, 10 FCC Rcd 4957 (MMB
1995); *Ramar Communications, Inc. (KJTV(TV))*, 9 FCC Rcd 1831 (MMB
1994). Furthermore, while corrective actions may have been taken to
prevent subsequent violations of the children's television rules and
policies, this does not relieve Clear Channel Broadcasting Licenses,
Inc. of liability for the violations which have occurred. *See, e.g.,
WHP Television, L.P. (WHP-TV)*, 10 FCC Rcd 4979, 4980 (MMB 1995);
*Mountain States Broadcasting, Inc. (KMSB-TV)*, 9 FCC Rcd 2545, 2546
(MMB 1994); *R&R Media Corporation WTWS(TV))*, 9 FCC Rcd 1715, 1716 (MMB
1994); *KEVN, Inc.* *(KEVN-TV)*, 8 FCC Rcd 5077, 5078 (MMB 1993);
*International Broadcasting Corp.*, 19 FCC 2d 793, 794 (1969).

While we consider any violation of our rules limiting the amount of
commercial matter in children's programming to be significant, the
violations described in your renewal application appear to have been
isolated occurrences. Although we do not rule out more severe sanctions
for violations of this nature in the future, we have determined that an
admonition is appropriate at this time. Therefore, based upon the facts
and circumstances before us, we ADMONISH you for the violations of the
children's television commercial limits rule and policies described in
station WJKT(TV)'s renewal application.

Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by
First Class and Certified Mail, Return Receipt Requested to Andrew W.
Levin, Chief Legal Officer, Clear Channel Broadcasting Licenses, Inc. at
the address listed above, and to Dorann Bunkin, Esq., Wiley Rein &
Fielding LLP, 1776 K Street, N.W., Washington, D.C. 20006.

> Sincerely,
>
> Barbara A. Kreisman
>
> Chief, Video Division
>
> Media Bureau

[^1]: *Children's Television Programming,* 6 FCC Rcd at 2118.