**DA 06-1558**

**Released: August 2, 2006**

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

Quad Cities Television Acquisition Corp.

KLJB-TV

915 Middle River Drive

Suite 409

Ft. Lauderdale, FL 33304

Re: Quad Cities Television Acquisition Corp.

KLJB-TV, Davenport, IA

Facility ID No. 54011

File No. BRCT-20050930BIJ

Dear Licensee:

This refers to your license renewal application for station KLJB-TV,
Davenport, IA.

In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat.
996-1000, *codified at* 47 U.S.C. Sections 303a, 303b and 394, Congress
directed the Commission to adopt rules, *inter alia,* limiting the
number of minutes of commercial matter that television stations may air
during children's programming, and to consider in its review of
television license renewals the extent to which the licensee has
complied with such commercial limits. Pursuant to this statutory
mandate, the Commission adopted Section 73.670 of its Rules (the Rules),
47 C.F.R. § 73.670, which limits the amount of commercial matter which
may be aired during children's programming to 10.5 minutes per hour on
weekends and 12 minutes per hour on weekdays. The Commission also
reaffirmed and clarified its long-standing policy against
"program-length commercials." The Commission defined a "program-length
commercial" as "a program associated with a product, in which
commercials for that product are aired," and stated that the entire
duration of any program-length commercial would be counted as commercial
matter for the purpose of the children's television commercial limits.
*Children's Television Programming*, 6 FCC Rcd 2111, 2118, *recon.
granted in part*, 6 FCC Rcd 5093, 5098 (1991). The commercial
limitations became effective on January 1, 1992. *Children's Television
Programming,* 6 FCC Rcd 5529, 5530 (1991).

On September 30, 2005, you filed the above-referenced license renewal
application for station KLJB-TV. In response to Section IV, Question 5
of that application, you certify that, during the previous license term,
KLJB-TV failed to comply with the limitations on commercial matter in
children's programming specified in Section 73.670 of the Rules. In
Exhibit 19, you indicate that station KLJB-TV exceeded the children's
television commercial limits on one occasion. Specifically, on July 8,
1998, a commercial which contained an image of a Quack Pack character
aired during the "Quack Pack" program.

In *Children's Television Programming (Recon.),* the Commission stated
that, in order to avoid being considered a program-length commercial,
commercial matter related to a children's program must be separated from
that program "by intervening and unrelated program material." 6 FCC Rcd
at 5099. To ensure that there was no confusion, the Commission
"specifically note\[d\] that intervening commercial matter will not
suffice as a separation device." *Id.* at 5099 n.89. The Commission made
it clear in *Children's Television Programming*, that program-length
commercials, by their very nature, are extremely serious, stating that
the program-length commercial policy "directly addresses a fundamental
regulatory concern, that children who have difficulty enough
distinguishing program content from unrelated commercial matter, not be
all the more confused by a show that interweaves program content and
commercial matter." *Children's Television Programming*, 6 FCC Rcd at
2118.

While we consider any violation of our rules limiting the amount of
commercial matter in children's programming to be significant, the
broadcast of the one program-length commercial 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 Quad Cities Television Acquisition Corp. (Quad Cities
Television) for the violation of the children's television commercial
limits rule and policies described in station KLJB-TV's renewal
application. We remind Quad Cities Television that the Commission
expects all commercial television licensees to comply with the limits on
commercial matter in children's programming.

Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by
First Class and Certified Mail, Return Receipt Requested to Quad Cities
Television Acquisition Corp. at the address listed above, and to its
counsel, Kenneth E. Satten, Esquire, Wilkinson Barker Knauer, LLP, 2300
N Street, N.W., Suite 700, Washington, D.C. 20037-1128.

> Sincerely,
>
> Barbara A. Kreisman
>
> Chief, Video Division
>
> Media Bureau