**DA 08-1860**

**Released: August 7, 2008**

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

CMCG Portland License LLC

WPFO(TV)

233 Oxford Street

Suite 35

Portland, Maine 04101

Re: CMCG Portland License LLC

WPFO(TV), Waterville, Maine

Facility ID No. 84088

File No. BRCT-20061201AFT

Dear Licensee:

This refers to your license renewal application for station WPFO(TV),
Waterville, Maine.

Section 73.3526 of the Commission's Rules (Rules) requires each
commercial broadcast licensee to maintain a public inspection file
containing specific types of information related to station
operations.[^1] Section 73.3526(e)(11)(i) provides that a TV
issues/programs list is to be placed in a commercial TV broadcast
station's public inspection file each calendar quarter. Moreover, as set
forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial
television broadcast station is required to prepare and place in its
public inspection file a Children's Television Programming Report (FCC
Form 398) for each calendar quarter reflecting, *inter alia,* the
efforts it has made during the quarter to serve the educational needs of
children. Section 73.3526(e)(11)(iii) of the Rules also requires
commercial television stations to file the reports with the Commission
and to publicize the existence and location of the reports. Where lapses
occur in maintaining the public file, neither the negligent acts nor
omissions of station employees or agents, nor the subsequent remedial
actions undertaken by the licensee, excuse or nullify a licensee's rule
violation.[^2]

In the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat.
996-1000, *codified at* 47 U.S.C. §§ 303a, 303b and 394, Congress
directed the Commission to adopt rules, *inter alia,* limiting the
number of minutes of commercial matter that commercial television
stations may air during children's programming, and to consider in its
review of television license renewal applications the extent to which
the licensee has complied with such commercial limits. Pursuant to this
statutory mandate, the Commission adopted Section 73.670 of the Rules
which limits the amount of commercial matter which may be aired by such
stations during children's programming to 10.5 minutes per hour on
weekends and 12 minutes per hour on weekdays.

On December 1, 2006, you filed the above-referenced license renewal
application for station WPFO(TV). In response to Section IV, Question 3
of that application, you certified that, during the previous license
term, station WPFO(TV) failed to place in the public inspection file at
the appropriate times, all of the documentation required by Section
73.3526 of the Commission's Rules. In Exhibit 17, you indicated that
station WPFO(TV)'s Children's Television Programming Reports for the
second through the fourth quarters of 2003 and all of 2004 were not
placed in its public inspection file on a timely basis. In addition, you
reported that station WPFO(TV)'s TV issues/programs lists for the first,
third, and fourth quarters of 2003 and the first and second quarters of
2004 were placed in the public inspection file late. You attributed all
of the above described violations to errors on the part of a station
employee and recounted corrective measures to ensure future compliance.

In response to Section IV, Question 5 of the license renewal
application, you certify that, during the previous license term,
WPFO(TV) failed to comply with the limitations on commercial matter in
children's programming specified in Section 73.670 of the Commission's
Rules. In Exhibit 19, you indicate that station WPFO(TV) violated the
children's television commercial limits and policies on eight occasions
between July 10, 2004, and February 12, 2005. Of those violations, five
were 30-seconds in duration and three were 15-seconds in duration. You
maintained that steps were taken to ensure future compliance.

The public inspection file rule serves the critical function of making
available to the public in a timely fashion important information
related to station operations. Admittedly, you were lax in timely
placing Children's Television Programming Reports and TV issues/programs
lists in WPFO(TV)'s public inspection file. You were also lax in
ensuring compliance with the children's television programming
commercial limitations. 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 violations of Sections 73.3526 and 73.670 of the Rules
described in station WPFO(TV)'s renewal application.

Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by
First Class and Certified Mail, Return Receipt Requested to the licensee
at the address listed above, and to its counsel, Erwin G. Krasnow,
Esquire, Garvey Schubert Barer, 1000 Potomac Street, N.W., Fifth Floor,
Washington, D.C. 20007-3501.

> Sincerely,
>
> Barbara A. Kreisman

Chief, Video Division

Media Bureau

[^1]: *See* 47 C.F.R. § 73.3526.

[^2]: *See Padre Serra Communications, Inc.*, 14 FCC Rcd 9709 (1999)
    (*citing Gaffney Broadcasting, Inc.*, 23 FCC 2d 912, 913 (1970) and
    *Eleven Ten Broadcasting Corp*., 33 FCC 706 (1962)); *Surrey Range
    Limited Partnership*, 71 RR 2d 882 (FOB 1992).