*Pages 1--2 from Microsoft Word - 58725.doc* Federal Communications Commission Washington, D. C. 20554 July 28, 2006 DA 06- 1519 Released: July 28, 2006 CERTIFIED MAIL – RETURN RECEIPT REQUESTED Independence Television Company WFTE( TV) 624 W. Muhammed Ali Boulevard Louisville, KY 40203 Re: Independence Television Company WFTE( TV), Salem, IN Facility ID No. 34167 File No. BRCT- 20050401BIG Dear Licensee: This letter refers to your license renewal application for station WFTE( TV), Salem, IN. 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 April 1, 2005, you filed the above- referenced license renewal application for station WFTE( TV). In response to Section IV, Question 5 of that application, you certify that, during the previous license term, station WFTE( 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 to the renewal application, you state that station WFTE( TV) exceeded the children’s television commercial limits by 70 seconds on April 12, 2003. You attribute the overage to human error and describe the measures taken by the station to ensure future compliance with the children’s television commercial limits. 1 2 It appears from the information before us that the overage in question was an isolated violation of the children’s television commercial limits. Such de minimis violation of Section 73.670 of the Commission’s Rules does not warrant further consideration in connection with WFTE( TV) ’s renewal application. Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by First Class and Certified Mail, Return Receipt Requested to Bill Lamb, President, Independence Television Company, at the address listed above, and to John R. Feore, Jr., Esquire, Dow, Lohnes & Albertson, PLLC, 1200 New Hampshire Avenue, N. W., Suite 800, Washington, D. C. 20036. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 2