Pokemon Strikes Again: FCC Fines Station

The Federal Communications Commission slapped a $12,000 proposed fine on KWSB-TV San Diego for violating its children's-TV ad limits.

The station volunteered in filing its license-renewal application in August 2006 that it inadvertently aired three program-length commercials, including the dreaded GameBoy E-Reader ad, and exceeded the limits by 90 seconds on another occasion.

The FCC has been cracking down on program-length commercials, fining stations for a fleeting glimpse of a Pokemon character in an ad that aired on the Pokemon show on the now-defunct WB. The commission said any appearance of a character from a cartoon show in an ad placed within that show turns the entire show into a commercial.

The station, as have others before, argued that an FCC ruling on fleeting profanity was a defense against the Pokemon appearance, but the FCC has said before that its decision that a profanity on a sign in the background of a Big Brother episode was not actionable is not on point.

The commission also admonished -- an official black mark in its file -- but did not fine two other stations for kids’-TV reporting violations. WSPX-TV Syracuse, N.Y., and WZMY-TV Derry, N.H., failed to inform electronic-program-guide publishers of the age ranges its kids’ shows targeted, which is one of the FCC's children's-TV-reporting requirements.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.