Federal Communications Commission Washington, D.C. 20554 May 6, 2008 DA 08-1064 Released: May 6, 2008 CERTIFIED MAIL – RETURN RECEIPT REQUESTED Sage Broadcasting Corporation KIDY(TV) 406 South Irving San Angelo, Texas 76903 Sage Broadcasting Corporation KIDY(TV), San Angelo, Texas Facility ID No. 58560 File No. BRCT-20060331AXI Dear Licensee: This refers to your license renewal application for station KIDY(TV), San Angelo, Texas. 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 March 31, 2006, you filed a license renewal application (FCC Form 303-S) for station KIDY(TV), San Angelo, Texas (File No. BRCT-20060331AXI). In Exhibit 17 and in a March 12, 2008 amendment to the renewal application, you reported that although you placed TV issues/programs lists in station KIDY(TV)’s public inspection file in a timely manner during the license term, you subsequently discovered that these lists did not include information as to the time, date, program content, issue covered, and duration of responsive programming. You stated that the TV issues/programs lists contained only a listing of issues “facing” the community and a listing of station KIDY(TV)’s responses to these issues. In an April 3, 2008 amendment to the renewal application, you stated that you discovered these deficiencies in the TV issues/programs 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 lists only recently and that due to the passage of time, you were unable to reconstruct listings for prior quarters during the license term. You asserted, however, that beginning with the third quarter of 2007, complete TV issues/programs lists were prepared and placed in the public file. 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, we ADMONISH you for your failure to include all information required by Section 73.3526(e)(11)(i) in your TV issues/programs lists, and we expect full compliance with that rule in the future. Accordingly, IT IS FURTHER ORDERED that, a copy of this Letter shall be sent by First Class and Certified Mail, Return Receipt Requested, to Sage Broadcasting Corporation at the address listed above, and to its counsel, Howard M. Weiss, Esquire, Fletcher, Heald & Hildreth, P.L.C., 1300 N. 17th Street, 11th Floor, Arlington, Virginia 22209. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau