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W17CI, CLAREMONT, NH

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Released: October 24, 2012

Federal Communications Commission

DA 12-1710

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Reclassification of License of
)
Class A Television Station W17CI
)
Facility ID No. 48413
Claremont, New Hampshire
)
)

ORDER TO SHOW CAUSE

Adopted: October 22, 2012

Released: October 24, 2012

By the Chief, Video Division, Media Bureau:
1.
This is with respect to station W17CI, Claremont, New Hampshire, licensed to
Convergence Entertainment and Communications, LLC (“Convergence”). This station is currently
licensed as a Class A television station, which are accorded primary spectrum use status pursuant to the
Community Broadcasters Protection Act of 1999 (“CBPA”).1
2.
By letters dated April 2 and August 8, 2012, the Video Division of the Media Bureau
requested information from Convergence regarding its apparent failure to make the required filing of
quarterly FCC Form 398 (Children’s Television Programming Report) for the station. As the April 2,
2012 letter set forth, beginning on the date of its application for Class A license and thereafter, the CBPA
requires that a station must be “in compliance with the Commission’s operating rules for full-power
television stations.”2 In implementing the CBPA and establishing the Class A television service,3 the
Commission applied to Class A licensees all Part 73 regulations except for those that could not apply for
technical or other reasons. Among the Part 73 requirements that apply to Class A licensees are the
Commission’s main studio requirements; rules governing informational and educational children’s
programming and the limits on commercialization during children’s programming; the requirement to
identify a children’s programming liaison at the station and to provide information regarding “core”
educational and informational programming aired by the station to publishers of television program
guides; the public inspection file rule, including preparing and placing in the public inspection file on a
quarterly basis an issues/programs list and the station’s quarterly-filed Children’s Television
Programming Report; the political programming rules; station identification requirements; and the
Emergency Alert System (EAS) rules.4
3.
W17CI was granted Class A status in 20025 and was acquired by Convergence on
July 10, 2009. Commission records show that Convergence failed to file Children’s Television
Programming Reports for the third and fourth quarters in 2009 and all four quarters in 2010 and 2011.
Accordingly, the Video Division asked for information, supported by a declaration of a person with


1 Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 –
1501A-598 (1999), codified at 47 U.S.C. § 336.
2 47 U.S.C. § 336(f)(2)(A)(ii).
3 In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC
Rcd 6355, 6366 (2000)(“R & O”), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 8244, 8254-
56 (2001).
4 R & O, 15 FCC Rcd at 6366.
5 FCC File No. BLTTA-20010712AHM, granted February 27, 2002.

Federal Communications Commission

DA 12-1710

personal knowledge, identifying quarters for which reports were prepared and placed in the station’s
public inspection file and the location of the file. The Video Division’s letters required that the
information be provided within 30 days of the date of each letter and cautioned that failure to provide
the information may result in a change of the station’s status from Class A television status to low
power television status. Convergence failed to respond to the Division’s letters and also continues to
fail to file the required Children’s Television Programming Reports.
4.
Section 316(a) of the Communications Act of 1934, as amended, permits the Commission
to modify an authorization if such action is in the public interest.6 Further, pursuant to Section 316(a), we
are required to notify the affected station of the proposed action, as well as the public interest reasons for
the action, and to afford the licensee at least 30 days to respond. This procedure is set forth in Section
1.87 of the Commission’s Rules.7
5.
IT IS THEREFORE ORDERED, That, Convergence Entertainment and
Communications, LLC show cause why its authorization for Class A television station W17CI,
Claremont, New Hampshire, should not be modified to specify the station as a low power television
station.
6.
Pursuant to Section 1.87 of the Commission’s Rules, Convergence Entertainment and
Communications, LLC may, no later than November 30, 2012, file a written statement why the above-
captioned license should not be modified as proposed herein. The written statement, if any, must be
mailed to Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554, ATTN: Barbara A. Kreisman, Chief, Video Division, Media Bureau. An
electronic copy should also be sent to joyce.bernstein@fcc.gov. Upon review of the statement and/or
additional information, the Commission may grant the modification, deny the modification, or set the
matter for hearing. If no written statement is filed by November 30, 2012, the licensee will be deemed to
have consented to the modification of its license from Class A television status to low power television
status, and the modification proposed in this Order to Show Cause will be deemed to serve the public
interest.
7.
IT IS FURTHER ORDERED, That a copy of this Order to Show Cause shall be sent by
Certified Mail, Return Receipt Requested, to Convergence Entertainment and Communications, LLC as
indicated below:
Convergence Entertainment and Communications, LLC
13 Richard Terrace
South Burlington, Vermont 05403
Convergence Entertainment and Communications, LLC
P. O. Box 2423
Plattsburgh, New York 12901


6 47 U.S.C. § 316(a).
7 47 C.F.R. § 1.87.
2

Federal Communications Commission

DA 12-1710

8.
For further information concerning this proceeding, contact Joyce L. Bernstein, Video
Division, Media Bureau, at Joyce.Bernstein@fcc.gov or (202) 418-1647.
FEDERAL COMMUNICATIONS COMMISSION
Barbara A. Kreisman
Chief, Video Division
Media Bureau
3

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