*Pages 1--2 from  Microsoft Word - 55031.doc*
 Federal  Communications  Commission  Washington,  D.  C.  20554 
 February  15,  2006 
 DA  06-  351  Released:  February  15,  2006 


 CERTIFIED  MAIL  –  RETURN  RECEIPT  REQUESTED 
 WFMJ  Television,  Inc.  WFMJ-  TV 
 101  West  Boardman  Street  Youngstown,  OH  44503 


 Re:  WFMJ  Television,  Inc.  WFMJ-  TV,  Youngstown,  OH 
 Facility  ID  No.  72062  File  No.  BRCT-  20050525AJB 


 Dear  Licensee: 
 This  letter  refers  to  your  license  renewal  application  for  station  WFMJ-  TV,  Youngstown,  OH. 
 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  May  25,  2005,  you  filed  the  above-  referenced  license  renewal  application  for  station  WFMJ-TV.  In  response  to  Section  IV,  Question  5  of  that  application,  you  certify  that,  during  the 
 previous  license  term,  station  WFMJ-  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  WFMJ-  TV  exceeded  the  children’s  television  commercial  limits  by  15  seconds  on  December  20,  1997.  You  attribute  the  overage  to 
 human  error. 
 It  appears  from  the  information  before  us  that  the  overage  in  question  was  a  de  minimis  violation  of  the  children’s  television  commercial  limits.  Such  de  minimis  violation  of  Section  73.670  of 
1
 2 
 the  Commission’s  Rules  does  not  warrant  further  consideration  in  connection  with  WFMJ-  TV’s  renewal  application  which  remains  pending  at  this  time. 
 Accordingly,  IT  IS  ORDERED  that,  a  copy  of  this  Letter  shall  be  sent  by  First  Class  and  Certified  Mail,  Return  Receipt  Requested  to  Betty  H.  Brown  Jagnow,  President,  WFMJ 
 Television,  Inc.,  at  the  address  listed  above,  and  to  Kathryn  Schmeltzer,  Esquire,  Pillsbury  Winthrop  Shaw  Pittman  LLP,  2300  N  Street,  N.  W.,  Washington,  D.  C.  20037-  1128. 


 Sincerely, 
 Barbara  A.  Kreisman  Chief,  Video  Division 
 Media  Bureau 
2