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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                  )
                                 )
                                 )
EMMIS TELEVISION LICENSE CORP.    )   File No. EB-03-IH-0741
                                 )
Licensee of Station WTHI-TV       )   Facility ID No. 70655
Terre Haute, Indiana              )




                MEMORANDUM OPINION AND ORDER

Adopted: November 23, 2004              Released:   November 
23, 2004

By   the  Chief,   Investigations  and   Hearings  Division, 
Enforcement Bureau:

I.     INTRODUCTION

     1.   In this Memorandum Opinion and Order, we admonish 
Emmis Television License Corporation (``Emmis''), licensee 
of Station WTHI-TV, Terre Haute, Indiana (the ``Station''), 
for violating the provision in our broadcast public 
inspection file rule involving letters from the public.1  As 
discussed below, we have carefully reviewed the record 
before us, and conclude that Emmis violated the rule by 
failing to maintain copies of two letters from a member of 
the public in the Station's public inspection file.  While 
we believe that no monetary sanction is warranted at this 
time, we find that an admonition is necessary to redress 
this rule violation.

II.     BACKGROUND

     2.        On June 20 and July 28, 2003, Mr. Rich Azar 
sent letters to the Station expressing concern about its 
news coverage of an alleged domestic violence case.  On 
November 20, 2003, Mr. Azar visited the Station to review 
its public inspection file.  He was provided full access to 
the file, but he noted that his letters were not in the 
file.  On December 8, 2003, Mr. Azar filed a complaint with 
the Enforcement Bureau, stating that although he was given 
full access to the Station's public inspection file, he did 
not find copies of his letters in the file.2   On August 10, 
2004, the Enforcement Bureau sent Emmis a letter of inquiry 
concerning the matters raised in the complaint.3  On 
September 9, 2004, Emmis responded to the letter of 
inquiry.4  In its Response, Emmis admits that the letters 
were missing from the public inspection file.  Emmis 
explains that the Station's General Manager, David Bailey, 
had forwarded the letters to the Station's news department 
for review.  During that process, the Station misplaced the 
letters.  Emmis explains that it has since placed copies of 
the letters in the public inspection file, reviewed the 
public inspection file for completeness, and reminded all 
staff members of the proper procedures for forwarding public 
file materials to the individuals responsible for updating 
the public file.5  Mr. Azar filed a reply in which he does 
not take issue with the factual assertions in the Response.6   

III.     DISCUSSION

     3.   The facts in this case  are not in dispute.  Emmis 
admits  that it  violated the  rule by  omitting Mr.  Azar's 
letters from  its public inspection file.   Accordingly, the 
only  issue  to  be  resolved is  whether  a  forfeiture  is 
warranted   here.   In   view   of  the   totality  of   the 
circumstances of  this case,  including the narrow  scope of 
the violation,  we conclude  that an  admonition, and  not a 
monetary sanction, is appropriate.7

IV.     ORDERING CLAUSES

     4.   ACCORDINGLY, IT IS ORDERED THAT Emmis Television 
License Corporation, licensee of Station WTHI-TV, Terre 
Haute, Indiana, IS ADMONISHED for violating section 
73.3526(e)(9) of the Commission's rules, 47 C.F.R.  
73.3526(e)(9).

     5.   IT IS FURTHER ORDERED that the complaint filed in 
this matter IS GRANTED to the extent indicated herein, and 
IS OTHERWISE DENIED, and the complaint proceeding IS HEREBY 
TERMINATED.

     6.   IT IS FURTHER ORDERED that a copy of this 
Memorandum Opinion and Order shall be sent, by Certified 
Mail/Return Receipt Requested, to J. Scott Enright, Esq., 
Vice-President, Associate General Counsel and Secretary, 
Emmis Television License Corp., One EMMIS Plaza, 40 Monument 
Circle, Suite 700, Indianapolis, Indiana 46204, and to Mr. 
Rich Azar, 3704 Wabash Avenue, Terre Haute, Indiana 47803.



                         FEDERAL COMMUNICATIONS COMMISSION


     
                         William H. Davenport
                         Chief, Investigations and Hearings 
                         Division
                         Enforcement Bureau
_________________________

1  See 47 C.F.R.   73.3526(e)(9) (letters and e-mails from 
the  public to  be available  for public  inspection for  a 
period of three years).

2  Letter from  Rich Azar to Enforcement  Bureau of Federal 
Communications  Commission, dated  November 29,  2003.  Mr. 
Azar  provided  copies  of  the missing  letters  with  his 
complaint.

3  Letter  from Deputy  Chief, Investigations  and Hearings 
Division, Enforcement  Bureau, to  Emmis, dated  August 10, 
2004.

4  Letter from J.  Scott Enright, Vice-President, Associate 
General  Counsel  and  Secretary of  Emmis,  to  Secretary, 
Federal Communications Commission,  dated September 9, 2004 
(the ``Response'').

5  Response at 2.

6  Letter  from Rich  Azar to Deputy  Chief, Investigations 
and Hearings Division,  Enforcement Bureau, dated September 
22, 2004.

7  See EZ New Orleans,  Inc., Memorandum Opinion and Order, 
15 FCC  Rcd 7164 (1999); Jamie  Patrick Broadcasting, Ltd., 
Memorandum Opinion and Order, 17 FCC Rcd 26277 (EB 2002).