*Pages 1--2 from Microsoft Word - 55531.doc* Federal Communications Commission Washington, D. C. 20554 March 8, 2006 DA 06- 540 Released: March 8, 2006 CERTIFIED MAIL – RETURN RECEIPT REQUESTED C- 34 FCC Licensee Subsidiary, LLC WTVX( TV) 2000 K Street, N. W. Suite 725 Washington, D. C. 20006 Re: C- 34 FCC Licensee Subsidiary, LLC WTVX( TV), Fort Pierce, FL Facility ID No. 35575 File No. BRCT- 20041001AWR Dear Licensee: This refers to your license renewal application for station WTVX( TV), Fort Pierce, FL. Section 73.3526 of the Commission’s Rules (Rules) requires broadcast licensees to maintain a public inspection file containing specific types of information related to station operations. 1 Section 73.3526( e)( 11)( i) of the Rules provides that a TV issues/ programs list is to be placed in a commercial TV broadcast station’s public inspection file for each calendar quarter by the tenth day of the succeeding calendar quarter. Where lapses occur in maintaining the public file, neither the negligent acts nor omissions of station employees or agents, nor the subsequent remedial actions undertaken by the licensee, excuse or nullify a licensee’s rule violation. 2 On October 1, 2004, you filed a license renewal application (FCC Form 303- S) for station WTVX( TV) (File No. BRCT- 20041001AWR). In response to Section IV, Question 3 of that application, you certify that, during the previous license term, station WTVX( TV) failed to place in its public inspection file at the appropriate times, all of the documentation required by Section 73.3526 of the Commission’s Rules. In Exhibit 17 to station WTVX( TV) ’s renewal application, you indicate that a recent review of the station’s public inspection file revealed that the TV 1 See 47 C. F. R. § 73. 3526. 2 See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten Broadcasting Corp., 33 FCC 706 (1962)); Surrey Range Limited Partnership, 71 RR 2d 882 (FOB 1992). 1 2 issues/ programs list for the first quarter of 2002 was missing. 3 You claim that a copy of this document has been retrieved and placed into the public file. Based upon the record before us, the violation described in your renewal application appears to have been an isolated occurrence. 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 73.3526( e)( 11)( i) of the Rules described in station WTVX( 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 the licensee at the address listed above. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau 3 On November 13, 2001, the Commission granted an application to transfer control of C- 34 FCC Licensee Subsidiary, LLC, (C- 34 FCC Licensee) the licensee of station WTVX( TV), from T. V. Finance, LLC, to CBS Broadcasting Inc. (BTCCT- 20010924AAP). That transfer of control transaction was consummated on November 27, 2001. 2