**DA 07-2123**

**Released: May 21, 2007**

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

WKBW-TV License, Inc.

WKBW-TV

7 Broadcast Plaza

Buffalo, NY 14202

Re: WKBW-TV License, Inc.

WKBW-TV, Buffalo, NY

Facility ID No. 54176

File No. BRCT-20070131AIR

Dear Licensee:

This refers to your license renewal application for station WKBW-TV,
Buffalo, NY.

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] The Commission's
rules require commercial licensees to provide information to the public
about the shows they air to fulfill their obligation. Section
73.3526(e)(11)(iii) of the Commission's Rules (the "Rules"), 47 C.F.R. §
73.3526(e)(11)(iii), requires each commercial television broadcast
station 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. As set forth in Section
73.3526(e)(11)(iii), licensees are also required to file the reports
with the Commission and to publicize for the public the existence and
location of the reports.

On January 31, 2007, you filed a license renewal application (FCC Form
303-S) for station WKBW-TV, Buffalo, New York (File No.
BRCT-20070131AIR). In response to Section IV, Question 10 of that
application, you stated that you failed to publicize the existence and
location of the station's Children's Television Programming Reports, as
set forth in Section 73.3526(e)(11)(iii) of the Rules. In Exhibit 24,
you indicated that in preparing the instant renewal application, you
discovered that you had not publicized the existence and location of
station WKBW-TV's Children's Television Programming Reports from the
third quarter of 2004 until January 2007. You reported that upon
discovery of this omission, you implemented procedures to ensure future
compliance.

Further, in response to Section IV, Question 3 of the renewal
application, you certified that, during the previous license term,
station WKBW-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, you indicated that in
preparing for the filing of the instant renewal application, you
discovered that the Children's Television Programming Report for the
first quarter of 2005 was missing from the public inspection file,
although this report had been filed with the Commission. You stated that
you placed a copy of the missing report in the public file in January
2007.

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 WKBW-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 WKBW-TV
License, Inc. at the address listed above, and to Tom W. Davidson,
Esquire, Akin Gump Strauss Hauer & Feld LLP, 1333 New Hampshire Avenue,
N.W., 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.