**DA 06-1514**

**Released: July 28, 2006**

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

Paxson Minneapolis License, Inc.

KPXM(TV)

601 Clearwater Park Road

West Palm Beach, FL 33401-6233

Re: Paxson Minneapolis License, Inc.

KPXM(TV), St. Cloud, MN

Facility ID No. 35907

File No. BRCT-20051201ADZ

Dear Licensee:

This refers to your license renewal application for station KPXM(TV),
St. Cloud, MN.

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 December 1, 2005, you filed the above-referenced license renewal
application for station KPXM(TV) (File No. BRCT-20051201ADZ). In Exhibit
23 to that application, you stated that a review of internal records
revealed that program guide publishers had not been receiving the target
age range for KPXM(TV)'s core programming. You indicated that although
program guide publishers usually do not publish such information, you
have revised your procedures and now include such data in submissions to
publishers of program guides.

Based upon the record before us, we think that an admonition is
warranted for the station's failure to identify for publishers of
program guides the age group for which its children's programming is
targeted. 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 KPXM(TV)'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 Act or the
Commission's Rules (Rules); and (3) there have been no other violations
which, taken together, constitute a pattern of abuse, we are to grant
the renewal application.[^8] 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."[^9]

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

Accordingly, IT IS ORDERED that, pursuant to Section 309(k) of the
Communications Act of 1934, as amended, the application (File No.
BRCT-20051201ADZ) of Paxson Minneapolis License, Inc. for renewal of
license for station KPXM(TV), St. Cloud, Minnesota IS HEREBY GRANTED.

IT IS FURTHER ORDERED that, a copy of this Letter shall be sent by First
Class and Certified Mail, Return Receipt Requested to Paxson Minneapolis
License, Inc. at the address listed above, and to its counsel, Anne M.
Swanson, Esquire, Dow, Lohnes & Albertson, PLLC, 1200 New Hampshire
Avenue, N.W., Suite 800, Washington, D.C. 20036.

> 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 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).

[^9]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).