Federal Communications Commission DA 09-429 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Bay Television, Inc. Licensee of Station WTTA(TV) St. Petersburg, Florida ) ) ) ) ) ) File No. EB-07-IH-5252 NAL/Acct. No. 200932080015 FRN No. 0002157337 ORDER Adopted: February 24, 2009 Released: February 25, 2009 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Bay Television, Inc. (“Bay”). The Consent Decree terminates an investigation by the Bureau against Bay, licensee of Station WTTA(TV), St. Petersburg, Florida (the “Station”), for possible violations of Section 73.670 of the Commission’s Rules regarding commercial limits in children’s programs.1 2. The Bureau and Bay have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting the Consent Decree and terminating the investigation. 4. In the absence of material new evidence relating to this matter, we conclude that our investigation raises no substantial or material questions of fact as to whether Bay possesses the basic qualifications, including those related to character, to hold or obtain any Commission license or authorization. 5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended,2 and Sections 0.111 and 0.311 of the Commission’s Rules,3 the Consent Decree attached to this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that the above-captioned investigation IS TERMINATED. 1 See 47 C.F.R. § 73.670. 2 47 U.S.C. § 154(i), 503(b). 3 47 C.F.R. §§ 0.111, 0.311. Federal Communications Commission DA 09-429 2 7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by first class certified mail, return receipt requested, to Paul Cicelski, Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, N.W., Washington, D.C. 20037. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau