**DA 06-2551**

**Released: December 20, 2006**

**[CERTIFIED MAIL -- RETURN RECEIPT REQUESTED]{.underline}**

Cranston II, LLC

KMCC(TV)

3100 South Needles Highway

Suite 1700

Laughlin, NV 89029

Re: Cranston II, LLC

KMCC(TV), Laughlin, NV

Facility ID No. 41237

File No. BRCT-20060601APU

Dear Licensee:

This refers to your license renewal application for station KMCC(TV),
Laughlin, NV.

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 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."[^5] Moreover, the Commission
indicated that this information would help parents to find appropriate
programs for their children and others who want to monitor a station's
compliance with the CTA.[^6] The Commission acknowledged, however, that
broadcasters cannot require program guide publishers to print this
information.[^7] Nonetheless, the Commission concluded that the
information is more likely to be included in program listings if
broadcasters regularly provide it.

On June 1, 2006, you filed a license renewal application (FCC Form
303-S) for station KMCC(TV), Laughlin, Nevada (File No.
BRCT-20060601APU). In response to Section IV, Question 9 of that
application, you certify that, station KMCC(TV) 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.[^8] In Exhibit 23, you state that during the third and
fourth quarters of 2005, the station did not provide information
identifying core programs to publishers of program guides.

Based on the record before us, we think that an admonition is warranted
for the station's failure to identify for publishers of program guides
information identifying core programs. 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 described in station KMCC(TV)'s
renewal application.

In evaluating an application for license renewal, the Commission's
decision is governed by Section 309(k)(1) of the Communications Act of
1934, as amended (the Act).[^9] Section 309(k)(1) 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 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.[^10] 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."[^11]

On balance, we find that Cranston II, LLC's violation of Section 73.673
does not constitute "serious violations" 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 KMCC(TV) served the
public interest, convenience, and necessity during the subject license
term. We will therefore grant the license renewal application below.

Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by
First Class and Certified Mail, Return Receipt Requested to Cranston II,
LLC at the address listed above, and to its counsel, Robert J. Rini,
Esquire, Rini Coran, PC, 1615 L Street, N.W., Suite 1325, Washington,
D.C. 20036.

Finally, IT IS ORDERED that, pursuant to Section 309(k) of the
Communications Act of 1934, as amended, the application (File No.
BRCT-20060601APU) of Cranston II, LLC for renewal of license for station
KMCC(TV), Laughlin, Nevada IS HEREBY GRANTED.

Sincerely,

> Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^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]: 47 C.F.R. § 73.673.

[^5]: *Children's Television Programming Order,* 11 FCC Rcd at 10689.

[^6]: *Id.*

[^7]: *Id.*

[^8]: 47 C.F.R. § 73.673.

[^9]: 47 U.S.C. § 309(k).

[^10]: 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). S*ee Implementation
    of Sections 204(a) and 204(c) of the Telecommunications Act of
    1996*, *Order,* 11 FCC Rcd 6363 (1996).

[^11]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).