**DA 06-302**

**Released: February 8, 2006**

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

Jefferson-Pilot Communications/WBTV, Inc.

WBTV(TV)

One Julian Price Place

Charlotte, NC 28208

Re: Jefferson-Pilot Communications/WBTV, Inc.

WBTV(TV), Charlotte, NC

Facility ID No. 30826

File No. BRCT-20040802ACE

Dear Licensee:

This refers to your license renewal application for station WBTV(TV),
Charlotte, North Carolina.

Section 73.3526 of the Commission's Rules (Rules) requires broadcast
licensees to maintain a public inspection file containing specific types
of information related to station operations.[^1] 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]

On August 2, 2004, you filed a license renewal application (FCC Form
303-S) for station WBTV(TV), Charlotte, North Carolina (File No.
BRCT-20040802ACE). In response to Section IV, Question 3 of that
application, you certify that, during the previous license term, station
WBTV(TV) failed to place in its public inspection file at the
appropriate times, all of the documentation required by Section 73.3526
of the Commission's Rules. In Exhibit 17 of the application, you state
that the licensee timely filed its Children's Television Programming
Reports with the Commission. You also state, however, that during a
recent audit of the station's public inspection file, the licensee was
unable to locate copies of the Children's Television Programming Reports
for the first and fourth quarters of 1999. You maintain that the
licensee immediately placed copies of these documents in station
WBTV(TV)'s public inspection file.

Based upon the record before us, the violations described in your
renewal application appear to have been isolated occurrences. 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 Section
73.3526(e)(11)(iii) of the Rules described in station WBTV(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
Communications 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.[^3] 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."[^4]

The public inspection file rule serves the critical function of making
available to the public important information related to station
operations. On balance, however, we find that Jefferson-Pilot
Communications/WBTV, Inc.'s violation of Section 73.3526 does not
constitute a "serious violation" 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 WBTV(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
Jefferson-Pilot Communications/WBTV, Inc. at the address listed above,
and to its counsel, James R. Bayes, Esquire, Wiley Rein & Fielding LLP,
1776 K Street, N.W., Washington, D.C. 20006.

Finally, IT IS FURTHER ORDERED that, the application (File No.
BRCT-20040802ACE) of Jefferson-Pilot Communications/WBTV, Inc. for
renewal of license for station WBTV(TV), Charlotte, North Carolina, IS
GRANTED.

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).

[^3]: 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 Order, Implementation
    of Sections 204(a) and 204(c) of the Telecommunications Act of 1996
    (Broadcast License Renewal Procedures)*, 11 FCC Rcd 6363 (1996).

[^4]: 47 U.S.C. §§ 309(k)(2), 309(k)(3).