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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 December  28,  2005 
 DA  05-  3320  Released:  December  28,  2005 


 CERTIFIED  MAIL  –  RETURN  RECEIPT  REQUESTED 
 KHBS  Hearst-  Argyle  Television,  Inc.  KHBS(  TV) 
 c/  o  Brooks,  Pierce,  et  al.  P.  O.  Box  1800 
 Raleigh,  NC  27602 
 Re:  KHBS  Hearst-  Argyle  Television,  Inc.  KHBS(  TV),  Fort  Smith,  AR 
 Facility  ID  No.  60353  File  No.  BRCT-  20050131BFC 


 Dear  Licensee: 
 This  refers  to  your  license  renewal  application  for  station  KHBS(  TV),  Fort  Smith,  AR. 
 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  number  of  minutes  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.  Children’s  Television 
 Programming,  6  FCC  Rcd  2111,  2118,  recon.  granted  in  part,  6  FCC  Rcd  5093,  5098  (1991).  The  commercial  limitations  became  effective  on  January  1,  1992.  Children’s  Television 
 Programming,  6  FCC  Rcd  5529,  5530  (1991). 
 On  January  31,  2005,  you  filed  the  above-  referenced  license  renewal  application  for  station  KHBS(  TV).  In  response  to  Section  IV,  Question  5  of  that  application,  you  certify  that,  during 
 the  previous  license  term,  station  KHBS(  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  19  and  a  May  9,  2005  amendment  to  the  renewal  application,  you  indicate  that  station  KHBS(  TV)  exceeded  the  children’s  television  commercial  limits  by  15  seconds  on  13 
 occasions  between  January  9,  2005,  and  April  10,  2005.  You  attribute  the  overages  to  human  error  in  the  repositioning  of  a  commercial-  formatted  network  program  as  a  half-  hour  children’s 
 program  segment,  as  opposed  to  one  component  of  a  clock-  hour  block  of  children’s 
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 programming.  You  also  describe  the  measures  taken  to  enhance  station  KHBS(  TV)  ’s  compliance  procedures  and,  thereby,  prevent  overages  of  this  nature  from  occurring  in  the  future. 
 It  appears  from  the  information  before  us  that  the  overages  in  question  were  de  minimis  violations  of  the  children’s  television  commercial  limits.  Such  de  minimis  violations  of  Section 
 73.670  of  the  Commission’s  Rules  are  not  an  impediment  to  a  renewal  of  KHBS(  TV)  ’s  license.  Finding  you  fully  qualified  to  remain  a  Commission  licensee,  we  conclude  that  a  grant  of  your 
 application  for  renewal  of  license  for  station  KHBS(  TV)  would  serve  the  public  interest,  convenience  and  necessity,  and  BRCT-  20050131BFC  IS  HEREBY  GRANTED. 


 Accordingly,  IT  IS  ORDERED  that,  a  copy  of  this  Letter  shall  be  sent  by  First  Class  and  Certified  Mail,  Return  Receipt  Requested  to  KHBS  Hearst-  Argyle  Television,  Inc.  at  the  address 
 listed  above  and  to  its  counsel,  Mark  J.  Prak,  Esquire,  Brooks  Pierce  McLendon  Humphrey  &  Leonard,  LLP,  P.  O.  Box  1800,  Raleigh,  NC  27602. 


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