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W28AJ, Allingtown, CT

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Released: November 6, 2012

Federal Communications Commission

DA 12-1779

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Reclassification of License of
)
Class A Television Station W28AJ
)
Facility ID No. 51284
Allingtown, Connecticut
)
)

ORDER TO SHOW CAUSE

Adopted: November 2, 2012

Released: November 6, 2012

By the Chief, Video Division, Media Bureau:
1.
This is with respect to station W28AJ, Allingtown, Connecticut, licensed to Paging
Associates, Inc. (“Paging”). 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 10 and September 18, 2012, the Video Division of the Media
Bureau requested information from Paging 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 10,
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.
W28AJ was granted Class A status in 2001,5 and Commission records show that
Paging failed to file Children’s Television Programming Reports for the second, third and fourth
quarters in 2010 and all four quarters in 2011. Accordingly, the Video Division asked for
information, supported by a declaration of a person with personal knowledge, identifying quarters for


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-20010709ABL (granted Nov. 28, 2001).

Federal Communications Commission

DA 12-1779

which reports were prepared and placed in the station’d 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 the 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. Paging 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, Paging Associates, Inc. show cause why its
authorization for Class A television station W28AJ, Allingtown, Connecticut, 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, Paging Associates, Inc. may, no
later than December 7, 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 December 7, 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 Paging Associates, Inc. as indicated below:
Paging Associates, Inc.
24 Rockdale Road
West Haven, Connecticut 06516
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


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

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