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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Window to the World ) File No. 97040529
Communications, Inc. )
Licensee of Station WTTW(TV), )
Chicago, IL )
Facility ID #10802 )
)
For a Forfeiture )
FORFEITURE ORDER
Adopted: March 3, 2000 Released: March 6,
2000
By the Chief, Enforcement Bureau:
????????????????????????1. In this Order, we grant the
request of Window to the World Communications, Inc. ("WTTW"),
licensee of noncommercial television station WTTW(TV), Chicago,
Illinois, for a reduction in the $5,000 forfeiture proposed in a
Notice of Apparent Liability (``NAL'') issued for violation of
the statutory prohibition against the broadcast of advertisements
on noncommercial stations. Specifically, we reduce the proposed
amount from $5,000 to $2,000 and limit our action to WTTW's
admitted violations.
2. In the NAL, the Chief, Mass Media Bureau, determined
that WTTW had broadcast announcements promoting for-profit
entities in apparent violation of Section 399B of the
Communications Act, as amended,1 and Section 73.621(e) of the
Commission's rules.2 In support of the monetary forfeiture, the
NAL cited announcements made on behalf of program sponsors
Zenith, Amoco, and Sun America. The NAL also found that the text
of an announcement made on behalf of Prudential exceeded the
bounds of our rules, but that announcement was not considered in
setting the forfeiture amount because it was supplied by PBS, a
national program supplier, and was not produced by the station
itself.
3. We have reviewed the record in light of the ``good
faith'' and other standards set forth by the Commission in Xavier
University, 5 FCC Rcd 4920 (1990). We find that the station's
broadcast of the Amoco, Sun America and Prudential announcements
fell within the bounds of what is permissible under Xavier. WTTW
has admitted that the Zenith announcements violated the
advertising prohibition. In light of the Commission's
determination that $2,000 is the appropriate base forfeiture
amount for a violation of the noncommercial underwriting
restrictions,3 and the fact that our action is now limited to the
Zenith announcements, we are reducing the forfeiture from $5,000
to $2,000.
Conclusion and Ordering Clauses
4. ACCORDINGLY, IT IS ORDERED, that WTTW's request for
reduction or rescission filed January 2, 1998 IS GRANTED to the
extent that we approve a reduction of the proposed forfeiture
amount from $5,000 to $2,000.
5. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311
and 1.80 of the Commission's rules, Window to the World
Communications, Inc., licensee of noncommercial educational
television station WTTW (TV), Chicago, Illinois, shall FORFEIT to
the United States the sum of Two Thousand Dollars ($2,000), for
willfully and repeatedly violating Section 399B of the
Communications Act of 1934, as amended, 47 U.S.C. Sec. 399b, and
Section 73.621(e) of the Commission's rules.
6. IT IS FURTHER ORDERED that a copy of this Forfeiture
Order shall be sent by Certified Mail -- Return Receipt
Requested, to Katherine Lauderdale, Esq., Senior Vice President
and General Counsel, Window to the World Communications, Inc.,
5400 North St. Louis Avenue, Chicago, Illinois 60625.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 399b.
2 47 C.F.R. § 73.621(e).
3 47 C.F.R. Sec. 1.80(b)(4) Note; Forfeiture Policy Statement, 12
FCC Rcd 17087 at 17115 (1997), recon. denied, FCC 99-407 (Dec.
28, 1999).