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                Federal Communications Commission
                      Washington, D.C. 20554
                          July 21, 1997
                                          Released: July 22, 1997
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Quincy Jones Broadcasting Inc.
Licensee, WNOL-TV
1661 Canal Street
Suite 1200
New Orleans, LA  70112-2862
Dear Licensee:
     This letter constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the
amount of eight thousand dollars ($8,000) pursuant to Section 503(b) of the Communications Act
of 1934, as amended, 47 U.S.C. 503(b), under authority delegated to the Chief of the Mass Media
Bureau by Section 0.283 of the Commission's Rules, 47 C.F.R. 0.283, for repeated violations of
the Commission's rule limiting the amount of commercial matter that may be aired during children's
programming.
     In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified
at 47 U.S.C. Sections 303a, 303b and 394, Congress directed the Commission to adopt rules, inter
alia, limiting the amount of commercial matter that television stations may air during children's
programming, and to consider in its review of television license renewals the extent to which the
licensee has complied with such commercial limits.  Pursuant to this statutory mandate, the
Commission adopted Section 73.670 of the Rules, 47 C.F.R. 73.670, which limits the amount of
commercial matter which may be aired during children's programming to 10.5 minutes per hour on
weekends and 12 minutes per hour on weekdays.  The Commission also reaffirmed and clarified its
long-standing policy against "program-length commercials."  The Commission defined a program-
length commercial as "a program associated with a product, in which commercials for that product
are aired", and stated that the entire duration of a 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 limits became effective on January 1, 1992.  Children's Television
Programming, 6 FCC Rcd 5529, 5530 (1991).
     On December 2, 1996, you filed an application for renewal of license (FCC Form 303-S) for
Station WNOL-TV, New Orleans, LA (File No. BRCT-970203LR).  In response to Section III,
Question 4 of that application you indicate that during the previous license term WNOL-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 4 to that application you state that control
of Quincy Jones Broadcasting Inc., licensee of WNOL-TV, was assumed by Qwest Broadcasting
L.L.C. on December 14, 1995; and that, between September 9, 1992, and November 13, 1995, prior
to the assumption of control of the licensee by Qwest Broadcasting L.L.C., WNOL-TV violated the
children's television commercial limit rules and policies on 26 occasions.  Of these commercial
overages, 17 were 30 seconds in duration; one was one minute in duration; and eight were program-
length commercials.  You further state that, subsequent to the assumption of control of the licensee
by Qwest Broadcasting L.L.C., between February 24, 1996, and January 26, 1997, WNOL-TV
violated the children's television commercial limit rules and policies on 38 occasions.  Of these
commercial overages, 35 were 15 seconds in duration, and three were 30 seconds in duration.  The
three 30-second overages are attributed to inadvertence and/or human error.  The 35 15-second
overages are attributed to "the station staff's misperception of the allowable number of commercial
minutes in an isolated half-hour of children's programming."  Finally, you state that WNOL-TV
implemented policies and procedures to prevent subsequent violations of the children's television
commercial limits.
     Our records indicate that on December 12, 1995, the Commission granted an application for
transfer of control of Quincy Jones Broadcasting Inc., from Quincy Jones to Qwest Broadcasting
L.L.C. (BTCCT-941214KG); and that this transfer of control was consummated on December 14,
1995.  Accordingly, we will not consider the violations which occurred prior to consummation of
the transfer of control.
     However, WNOL-TV's record of exceeding the children's television commercial limits on
38 occasions after consummation of the transfer of control constitutes a repeated violation of Section
73.670 of the Commission's rules.  Accordingly, pursuant to Section 503(b) of the Communications
Act, Quincy Jones Broadcasting Inc., is hereby advised of its apparent liability for forfeiture in the
amount of eight thousand dollars ($8,000) for its apparent repeated violation of Section 73.670 of
the Commission's Rules.  The amount specified was reached after consideration of the factors set
forth in Section 503(b)(2) of the Communications Act, and, in particular, the following criteria: (1)
the number of instances of commercial overages; (2) the length and nature of each such overage; (3)
the period of time over which such overages occurred; (4) whether or not the licensee established
an effective program to ensure compliance; and (5) the specific reasons that the licensee gives for
the overages.  These criteria are appropriate in analyzing violations of the commercial limits during
children's programming, since they take into account, inter alia, "the nature, circumstances, extent,
and gravity of the violation, and, with respect to the violator, the degree of culpability", as required
under 503(b)(2)(D) of the Communications Act.  See Clear Channel Television, Inc. (KTTU(TV)),
10 FCC Rcd 3773 (1995); Northstar Television of Erie, Inc. (WSEE-TV), 10 FCC Rcd 3779 (1995).
     WNOL-TV violated the children's television commercial limits on 38 occasions.  This is a
high number of violations.  Further, violations occurred regularly over a period of eleven months,
from shortly after consummation of the transfer of control of the licensee to Qwest Broadcasting
L.L.C. until just eight days before WNOL-TV's renewal application was filed.
     In addition, the only explanation offered by the licensee for the three 30-second overages is
inadvertence and human error.  The only explanation offered by the licensee for the 35 15-second
overages is that, (i) because the station divided the commercial load for one-hour blocks of children's
weekend programs into five minutes for one half-hour and five minutes and 30 seconds for the other
half-hour, the station's staff "assumed" that the commercial limit for a weekend half-hour children's
program that shared a clock hour with adult programming was five minutes and 30 seconds; and (ii)
because the station's entire staff "uniformly misperceived" the Commission's policy of proration of
the commercial limits to isolated half-hour blocks of children's programming, this
"mistake...recurred again and again."  However, in establishing the children's television commercial
limits, the Commission clearly explained its policy of proration of the commercial limits to isolated
half-hours of children's programming.  In Children's Television Programming, 6 FCC Rcd at 2112,
the Commission specifically stated that, "where a half-hour 'island' of children's programming airs
in the midst of adult viewing, the limits should apply on a proportionate basis."  This policy was
affirmed upon reconsideration.  Children's Television Programming, 6 FCC Rcd at 5095 n.32.  The
Commission has consistently rejected misunderstanding of the children's television commercial limit
rules and policies, human error and/or inadvertence as a basis for excusing violations of the
children's television commercial limits.  See, e.g., UTV of San Francisco, Inc. (KBHK-TV), 10 FCC
Rcd 10986, 10987 & Note 1 (1995); Le Sea Broadcasting Corp. (WHKE(TV)), 10 FCC Rcd 4977,
4978 (1995); Buffalo Management Enterprises Corp. (WIVB-TV), 10 FCC Rcd 4959, 4960 (1995);
Gannett Massachusetts Broadcasting, Inc. (WLVI-TV), 9 FCC Rcd 1555 (1994); Ramar
Communications, Inc. (KJTV(TV)), 9 FCC Rcd 1831 (1994); Channel 12 of Beaumont, Inc.
(KBMT-TV), 9 FCC Rcd 1825; WKBD, Inc., 8 FCC Rcd 5079 (1993).
     Finally, the fact that WNOL-TV may have implemented policies to prevent subsequent
violations of the Commission's children's television rules and policies does not relieve the licensee
of liability for violations which have occurred.  International Broadcasting Corp., 19 FCC 2d 793,
794 (1969); KEVN, Inc., 8 FCC Rcd 5077, 5078 (1993); R&R Media Corporation (WTWS(TV)),
9 FCC Rcd 1715, 1716 (1994); Mountain States Broadcasting, Inc. (KMSB-TV), 9 FCC Rcd 2545,
2546 (1994); WHP Television, L.P., 10 FCC Rcd 4979, 4980 (1995).  Consideration of all of these
factors warrants a forfeiture in the above-specified amount of $8,000.  Cf., Danville Television
Partnership (WDRG(TV)), 12 FCC Rcd 1351 (1997)($10,000 forfeiture for 49 overages, all of which
were 30 seconds in duration.)
     You are afforded a period of thirty (30) days from the date of this letter "to show, in writing,
why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture.  Any
showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed
factual statement and such documentation and affidavits as may be pertinent."  Section 1.80(f)(3)
of the Commission's Rules, 47 C.F.R. 1.80(f)(3).  Other relevant provisions of Section 1.80(f)(3)
of the Commission's Rules are summarized in the attachment to this letter.
     Notwithstanding the substantial nature of the violations described here and the severity with
which we regard them, we find you qualified to remain a Commission licensee and conclude that
grant of your application would serve the public interest, convenience and necessity.  Therefore, the
license renewal application of Quincy Jones Broadcasting Inc., for Station WNOL-TV, New Orleans,
LA (File No. BRCT-970203LR), IS HEREBY GRANTED.
     FEDERAL COMMUNICATIONS COMMISSION
     Roy J. Stewart
     Chief, Mass Media Bureau
Enclosures
cc: Barbara K. Gardener, Esq.

kwnolfr2.rel
MSolberg/dsb/vsd/MMB
n:\msolberg\kwnolfr2.rel
$// QUINCY JONES BCSTNG INC., WNOL-TV (New Orleans, LA) DA 97-1535 //$
$/ 300.503(b) FORFEITURES (NAL) /$
$/ 73.670 COMMERCIAL LIMITS ON CHILDREN'S PROGRAMS /$