*Pages 1--4 from  Microsoft Word - 54199.doc*
 Federal  Communications  Commission  Washington,  D.  C.  20554 
 January  9,  2006 
 DA  06-  24  Released:  January  9,  2006 

 CERTIFIED  MAIL    RETURN  RECEIPT  REQUESTED 
 WMMF  License,  LLC  WWAZ-  TV  1 
 500  South  Chinowth  Road  Visalia,  CA  93277 

 Re:  WMMF  License,  LLC  WWAZ-  TV,  Fond  du  Lac,  WI 
 Facility  ID  No.  60571  File  No.  BRCT-  20050801CYT 

 Dear  Licensee: 
 This  refers  to  your  license  renewal  application  for  station  WWAZ-  TV,  Fond  du  Lac,  WI. 
 In  the  Childrens  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  childrens  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  childrens  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 
 childrens  television  commercial  limits.  Childrens  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.  Childrens  Television  Programming,  6  FCC  Rcd  5529,  5530  (1991). 

 On  August  1,  2005,  you  filed  the  above-  referenced  license  renewal  application  for  station  WWAZ-  TV.  In  response  to  Section  IV,  Question  5  of  that  application,  you  certify  that,  during 
 the  previous  license  term,  WWAZ-  TV  failed  to  comply  with  the  limitations  on  commercial 

 1  The  Commissions  records  indicate  that  on  October  19,  2004,  the  stations  call  sign  was  changed  from  WMMF-  TV 
 to  WWAZ-  TV. 
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 matter  in  childrens  programming  specified  in  Section  73.670  of  the  Commissions  Rules.  In  Exhibit  19  to  that  application,  you  indicate  that  station  WWAZ-  TV  exceeded  the  childrens 
 television  commercial  limits  on  April  14,  2001,  when  a  commercial  with  content  advertising  Nana  Puddin  products  aired  during  the  program  The  Nana  Puddin  Show.  You  attribute  the 
 violation  to  inadvertence  and  state  that  the  commercial  was  included  in  the  program  provided  by  FamilyNet.  Finally,  you  describe  the  corrective  measures  taken  by  station  WWAZ-  TV  to  ensure 
 future  compliance  with  the  commercial  limits. 
 In  Childrens  Television  Programming  (Recon.),  supra,  the  Commission  stated  that,  in  order  to  avoid  being  considered  a  program-  length  commercial,  commercial  matter  related  to  a  childrens 
 program  must  be  separated  from  that  program  by  intervening  and  unrelated  program  material.  2  In  order  to  ensure  that  there  was  no  confusion,  the  Commission  specifically  note[  d]  that 
 intervening  commercial  matter  will  not  suffice  as  a  separation  device.  3  The  Commission,  moreover,  made  it  clear  in  Childrens  Television  Programming  that  program-  length 
 commercials,  by  their  very  nature,  are  extremely  serious,  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.  4 

 Although  you  indicate  that  the  program-  length  commercial  was  included  in  the  program  provided  by  FamilyNet,  this  does  not  relieve  WWAZ-  TV  of  responsibility  for  the  violation.  In 
 this  regard,  the  Commission  has  consistently  held  that  a  licensees  reliance  on  a  programs  source  or  producer  for  compliance  with  our  childrens  television  rules  and  policies  will  not 
 excuse  or  mitigate  violations  which  do  occur.  See,  e.  g.,  Max  Television  of  Syracuse,  L.  P.  (WSYT(  TV)),  10  FCC  Rcd  8905  (MMB  1995);  Mt.  Mansfield  Television,  Inc.  (WCAX-  TV),  10 
 FCC  Rcd  8797  (MMB  1995);  Boston  Celtics  Broadcasting  Limited  Partnership  (WFXT(  TV)),  10  FCC  Rcd  6686  (MMB  1995).  Moreover,  you  claim  that  the  violation  resulted  from 
 inadvertence.  However,  inadvertence  does  not  mitigate  or  excuse  the  violation.  In  fact,  the  Commission  has  repeatedly  rejected  inadvertence  as  a  basis  for  excusing  violations  of  the 
 childrens  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, 
 corrective  actions  may  have  been  taken  to  prevent  subsequent  violations  of  the  childrens  television  rules  and  policies,  but  that,  too,  does  not  relieve  WWAZ-  TV  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); 

 2  6  FCC  Rcd  5099. 
 3  Id.  at  5099  n.  89. 
 4  6  FCC  Rcd  at  2118. 
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 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  childrens  programming  to  be  significant,  the  violation  described  in  your  renewal  application 
 appears  to  have  been  an  isolated  occurrence.  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  violation  of  the  childrens  television  commercial  limits  rule  and  policies  described  in 
 station  WWAZ-  TVs  renewal  application.  We  remind  you  that  the  Commission  expects  all  commercial  television  licensees  to  comply  with  the  limits  on  commercial  matter  in  childrens 
 programming. 
 In  evaluating  an  application  for  license  renewal,  the  Commissions  decision  is  governed  by  Section  309(  k)  of  the  Communications  Act  of  1934,  as  amended  (Act),  47  U.  S.  C.    309(  k). 
 Section  309(  k)  provides  that  if,  upon  consideration  of  the  application  and  pleadings,  we  find  that  (1)  the  station  has  served  the  public  interest,  convenience,  and  necessity;  (2)  there  have  been  no 
 serious  violations  of  the  Communications  Act  or  the  Commissions  Rules;  and  (3)  there  have  been  no  other  violations  which,  taken  together,  constitute  a  pattern  of  abuse,  we  are  to  grant  the 
 renewal  application.  5  If,  however,  the  licensee  fails  to  meet  that  standard,  the  Commission  may  deny  the  application    after  notice  and  opportunity  for  a  hearing  under  Section  309(  e)  of  the  Act 
   or  grant  the  application  on  terms  and  conditions  that  are  appropriate,  including  a  renewal  for  a  term  less  than  the  maximum  otherwise  permitted.  6 

 On  balance,  we  find  that  WWMF  License,  LLCs  violation  of  Section  73.670  does  not  constitute  a  serious  violation  of  the  Commissions  rules  warranting  designation  for  evidentiary  hearing. 
 Moreover,  we  find  no  evidence  of  violations  that,  when  considered  together,  evidence  a  pattern  of  abuse.  Further,  we  find  that  station  WWAZ-  TV  served  the  public  interest,  convenience,  and 
 necessity  during  the  subject  license  term. 
 Accordingly,  IT  IS  ORDERED  that,  a  copy  of  this  Letter  shall  be  sent  by  First  Class  and  Certified  Mail,  Return  Receipt  Requested  to  WMMF  License,  LLC  at  the  address  listed  above, 
 and  to  its  counsel,  John  G.  Johnson,  Jr.,  Esquire,  Paul,  Hastings,  Janofsky  &  Walker  LLP,  875  15  th  Street,  N.  W.,  Washington,  D.  C.  20005. 

 5  47  U.  S.  C.    309(  k)(  1).  The  renewal  standard  was  amended  to  read  as  described  by  Section  204(  a)  of  the 
 Telecommunications  Act  of  1996,  Pub.  L.  No.  104-  104,  110  Stat.  56  (1996).  See  Order,  Implementation  of  Sections  204(  a)  and  204(  c)  of  the  Telecommunications  Act  of  1996  (Broadcast  License  Renewal  Procedures),  11 

 FCC  Rcd  6363  (1996). 
 6  47  U.  S.  C.    309(  k)(  2),  309(  k)(  3). 
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 Finally,  IT  IS  ORDERED  that,  the  application  of  WMMF  License,  LLC,  for  renewal  of  license  for  station  WWAZ-  TV,  Fond  du  Lac,  Wisconsin  (BRCT-  20050801CYT),  IS  HEREBY 
 GRANTED. 

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