Federal Communications Commission Washington, D.C. 20554 April 9, 2007 DA 07-1658 Released: April 9, 2007 CERTIFIED MAIL – RETURN RECEIPT REQUESTED Meredith Corporation KPHO-TV 1716 Locust Street Des Moines, Iowa 50309-3203 Meredith Corporation KPHO-TV, Phoenix, Arizona Facility ID No. 41223 File No. BRCT-20060601ACY Dear Licensee: This refers to your license renewal application for station KPHO-TV, Phoenix, Arizona. 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)(i) of the Rules, a TV issues/programs list is to be placed in a commercial TV broadcast station’s public inspection file each calendar quarter by the tenth day of the succeeding calendar quarter. 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 June 1, 2006, you filed the above-referenced license renewal application for station KPHO- TV. In response to Section IV, Question 3 of that application, you certify that, during the previous license term, station KPHO-TV failed to place in the 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 state that during a review of station KPHO-TV’s public inspection file in anticipation of the instant license renewal application, it was discovered that TV issues/programs lists for the third and fourth quarters of 1998 and the third quarter of 2001 were missing. You claimed that copies of these documents were located in non-public files and placed in the public inspection file in March and April 2006. 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). 2 Although we do not rule out more severe sanctions for violations of this nature in the future, based upon the record before us 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)(i) of the Rules described in station KPHO-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 the licensee at the address listed above, and to its counsel, Kevin P. Latek, Esquire, Dow Lohnes PLLC, 1200 New Hampshire Avenue, N.W., Suite 800, Washington, D.C. 20036. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau