*Pages 1--3 from Microsoft Word - 55201.doc* Federal Communications Commission Washington, D. C. 20554 February 24, 2006 DA 06- 405 Released: February 24, 2006 CERTIFIED MAIL – RETURN RECEIPT REQUESTED Bethany World Prayer Center, Inc. WLFT- CA 13855 Plank Road Baker, LA 70714 Re: Bethany World Prayer Center, Inc. WLFT- CA, Baton Rouge, LA Facility ID No. 8653 File No. BRCT- 20050201BRA Dear Licensee: This refers to your license renewal application for station WLFT- CA, Baton Rouge, LA. 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 information would help parents to find appropriate programs for their children and others who 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 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 February 1, 2005, you filed the above- referenced license renewal application for station WLFT- CA, Baton Rouge, Louisiana (BRCT- 20050201BRA). In response to Section IV, Question 9 of that application, you certify that, station WLFT- CA failed to provide 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 23 to the station’s application, you indicate that the licensee was unaware of this requirement until preparation of the instant renewal application. The licensee claims that it first complied with Section 73.673( b) in February 2005 and that it “will remain in full compliance” in the future. 10 Based on the record before us, we think that an admonition is warranted for the station’s failure to provide information identifying each core program aired on its station to publishers of program guides. 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 violation of Section 73.673( b) described in station WLFT- CA’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. 11 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.” 12 7 Id. 8 Id. 9 47 C. F. R. § 73.673. 10 The licensee notes that its license application to cover the construction permit for its Class A facilities was granted on July 23, 2003. (BLTTA- 20030710ABU) 11 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). 12 47 U. S. C. §§ 309( k)( 2), 309( k)( 3). 2 3 On balance, we find that Bethany World Prayer Center, 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 WLFT- CA 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 Bethany World Prayer Center, Inc. at the address listed above, and to its counsel, Charles L. Spencer, Esquire, Hebert, Spencer, Cusimano & Fry, LLP, 701 Laurel Street, Baton Rouge, Louisiana 70802- 5692. Finally, IT IS ORDERED that, the application (File No. BRCT- 20050201BRA) of Bethany World Prayer Center, Inc. for renewal of license for station WLFT- CA, Baton Rouge, Louisiana IS HEREBY GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 3