DA 21-1082
Released:  September 1, 2021

Daytona State College, Inc.
1200 W. International Speedway Blvd.
Building 400
Daytona Beach, Florida 32114
Jacqui.vankirk@daytonastate.edu
williams@fhhlaw.com

                                                                                                 Re:  WDSC-TV
New Smyrna Beach, FL 
        								Facility ID No.: 12171
								FRN:  0004573416
								LMS File No.: 000123134

Dear Licensee:
This letter is in reference to the license renewal application (Application) for WDSC-TV, New Smyrna Beach, Florida, (Station), which is licensed to Daytona State College, Inc.  (Licensee). LMS File No. 000123134.  WDSC-TV is a noncommercial educational television station.
  We hereby admonish the Station for its violation of section 73.3527(e)(8) of the Commission’s rules (Rules). 47 CFR § 73.3527(e)(8).	
 
Section 73.3527(e)(8) of the Rules requires every noncommercial educational television licensee to place in its Online Public Inspection File (OPIF), on a quarterly basis, a TV issues/programs list that details programs that have provided the station’s most significant treatment of community issues during the preceding three month period and must include a brief narrative of the issues addressed, as well as the time, date, duration, and title of each program in which the issues were treated. Id.
  TV issues/programs lists must be placed in the station’s OPIF by the tenth day of the succeeding calendar quarter and copies must be retained until final action on the station’s next license renewal application. Id.

On September 30, 2020 the Licensee filed its Application, with amendments thereto on June 18, 2021 and July 2, 2021.   A staff inspection of the Station’s OPIF revealed that the Licensee uploaded certain copies of its TV issues/programs lists after the deadline established in section 73.3527(e)(8). Id.
   Specifically, the station uploaded 10 lists between one day and one month late. This constitutes a violation of section 73.3527(e)(8) of the Rules.
While we do not rule out more severe sanctions for similar 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 the Station for its violation of section 73.3527(e)(8) of the Rules. This admonishment is issued pursuant sections 1.80 and 0.283(d) of the Rules, 47 CFR §§ 1.80 and 0.283.
  We remind the Licensee that the Commission expects all licensees to comply with the Commission’s public inspection file rules. 
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).
  That section 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 Act or the Rules; and (3) there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant the renewal application. 47 U.S.C. § 309(k)(1).  
  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 as are appropriate, including renewal for a term less than the maximum otherwise permitted.” 47 U.S.C. §§ 309(k)(2), 309(k)(3).
  We find that the Licensee’s apparent violation of section 73.3527(e)(8) of the Rules does not constitute a “serious violation” warranting designation of the Application for evidentiary hearing.  Moreover, we find no evidence of violations that, when considered together, constitute a pattern of abuse.  Further, based on our review of the Application, we find that the Station served the public interest, convenience, and necessity during the subject license term.  
Accordingly, IT IS ORDERED that, the application for renewal of license of WDSC-TV, New Smyrna Beach, Florida IS GRANTED.  IT IS FURTHER ORDERED, that copies of this Letter shall be sent, by First Class and Certified Mail, Return Receipt Requested, to Daytona State College, Inc., 1200 W. International Speedway Blvd., Building 400, Daytona Beach, Florida 32114 and to its contact representative, Seth L. Williams, Fletcher, Heald & Hildreth, 1300 N. 17th Street, Suite 1100, Arlington, Virginia 22200. 

							Sincerely,

							/s/
							
Barbara A. Kreisman
Chief, Video Division
Media Bureau