*Pages 1--3 from Microsoft Word - 54054.doc* Federal Communications Commission Washington, D. C. 20554 December 28, 2005 DA 05- 3318 Released: December 28, 2005 CERTIFIED MAIL – RETURN RECEIPT REQUESTED Beach TV Properties, Inc. WPCT( TV) 8317 Front Beach Road Suite 23 Panama City, FL 32407 Re: Beach TV Properties, Inc. WPCT( TV), Panama City Beach, FL Facility ID No. 4354 File No. BRCT- 20040929AFX Dear Licensee: This refers to your license renewal application for station WPCT( TV), Panama City Beach, FL. Under the Commission’s rules implementing the Children’s Television Act of 1990 (CTA), 1 each television broadcast station licensee has an obligation, during its license term, to air programming that serves the educational and informational needs of children through both the licensee’s overall programming and programming “specifically designed” to educate and inform children (core programming). 2 In Policies and Rules Concerning the Children’s Television Programming, Revision of Programming Policies for Television Broadcast Stations, 3 the Commission adopted several public information initiatives to improve the information to the public regarding programming broadcasters air to fulfill their statutory obligation. One of the public information initiatives requires licensees to provide to publishers of program guides, information identifying programming specifically designed to educate and inform children, including an indication of the age group for which the program is intended. 4 In addition, licensees must identify programs specifically designed to educate and inform children at the beginning of the program. 5 In the Children’s Television Programming Order, the Commission stated its belief that “program guides are an effective means of providing parents with advance notice of scheduling of educational programs.” 6 Moreover, the Commission indicated that this 1 Pub. L. No. 101- 437, 104 Stat. 996- 1000, codified at 47 U. S. C. Sections 303a, 303b and 394. 2 47 C. F. R. § 73.671( a). 3 11 FCC Rcd 10660 (1996) (Children’s Television Programming Order). 4 73. 673( b). 5 73. 673( a). 6 Children’s Television Programming Order, 11 FCC Rcd at 10689. 1 2 information would help parents to find appropriate programs for their children and others who want to monitor a station’s compliance with the CTA. 7 The Commission acknowledged, however, that broadcasters cannot require program guide publishers to print this information. 8 Nonetheless, the Commission concluded that the information is more likely to be included in program listings if broadcasters regularly provide it. On September 29, 2004, you filed the above- referenced license renewal application for station WPCT( TV), Panama City Beach, Florida (BRCT- 20040929AFX). In response to Section IV, Question 9 of that application, you certify that, station WPCT( TV) provided information identifying each core program aired on its station, including an indicate of the target child audience, to publishers of program guides. 9 In Exhibit 21 to the station’s application, however, you indicate that in 1998 and the first quarter of 1999, the station either did not provide information identifying core programs to publishers of program guides or identify each core program with the E/ I symbol. Also in Exhibit 21, you indicate that the station has taken corrective steps to ensure future compliance. Based on the record before us, we think that an admonition is warranted for the station’s failure to identify for publishers of program guides the age group for which its children’s programming is targeted and its failure to identify each core program. 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 admitted violations of Section 73.673( a) and 73.673( b) described in station WPCT( TV) ’s renewal application. In evaluating an application for license renewal, the Commission’s 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 Commission’s Rules; and (3) there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal application. 10 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.” 11 7 Id. 8 Id. 9 47 C. F. R. § 73.673. 10 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). 11 47 U. S. C. §§ 309( k)( 2), 309( k)( 3). 2 3 On balance, we find that Beach TV Properties, Inc. ’s violation of Section 73.673 does not constitute a “serious violation” of the Commission’s 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 WPCT( 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 Beach TV Properties, Inc. at the address listed above, and to its counsel, Henry A. Solomon, Esquire, Garvey Schubert Barer, 1000 Potomac Street, N. W., Fifth Floor, Washington, D. C. 20007. Finally, IT IS ORDERED that, the application (File No. BRCT- 20040929AFX) of Beach TV Properties, Inc. for renewal of license for station WPCT( TV), Panama City Beach, Florida IS HEREBY GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 3