**DA 07-1597**

**Released: April 4, 2007**

**[CERTIFIED MAIL -- RETURN RECEIPT REQUESTED]{.underline}**

WKEF Licensee L.P.

WKEF(TV)

c/o Pillsbury Winthrop Shaw Pittman LLP

ATTN: Kathryn Schmeltzer, Esq.

2300 N Street, N.W.

Washington, D.C. 20037-1128

Re: WKEF Licensee L.P.

WKEF(TV), Dayton, OH

Facility ID No. 73155

File No. BRCT-20050601ALR

Dear Licensee:

This refers to your license renewal application for station WKEF(TV),
Dayton, OH.

Section 73.3526 of the Commission's Rules (Rules), 47 C.F.R. § 73.3526,
requires a commercial broadcast licensee to maintain a public inspection
file containing specific types of information related to station
operations.[^1] Pursuant to subsection 73.3526(e)(11)(ii), each
commercial television broadcast station is required to place in its
public inspection file, on a quarterly basis, records sufficient to
allow substantiation of the licensee's certification, in its renewal
application, of its compliance with the children's television commercial
limits imposed by Section 73.670 of the Rules. Additionally, as set
forth in subsection 73.3526(e)(11)(iii), each commercial television
licensee is required to prepare and place in its public inspection file
a Children's Television Programming Report (FCC Form 398) for each
calendar quarter reflecting, *inter alia,* the efforts that it has made
during the quarter to serve the educational and informational needs of
children. As set forth in subsection 73.3526(e)(11)(iii), licensees are
also required to file the reports with the Commission and to publicize
the existence and location of the reports. Further, subsection
73.3526(e)(11)(i) provides that a TV issues/programs list is to be
placed in a commercial TV broadcast station's public inspection file
each calendar quarter. These subsections of Section 73.3526 require
licensees to place such records concerning commercial limits, Children's
Television Programming Reports, and TV issues/programs lists for each
quarter in the station's public inspection file 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 the licensee's rule violation.[^2]

On June 1, 2005, you filed a license renewal application (FCC Form
303-S) for station WKEF(TV), Dayton, Ohio (File No. BRCT-20050601ALR).
In Exhibit 24 of that application, you reported that for a period of
approximately one year and four months during the license term, the
licensee did not publicize the existence and location of the Children's
Television Programming Reports due to an employee departure at the end
of 2003 and changes in personnel. You claimed that this oversight has
been corrected and that the station is currently publicizing the
existence and location of the Children's Television Programming Reports
and has done so for the majority of the license term.

Further, in response to Section IV, Question 3 of the renewal
application, you certified that, during the previous license term,
station WKEF(TV) failed to place in its 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 indicated that during a
routine review of the public file, the station discovered that its
certification of compliance with the commercial limits, TV
issues/programs list, and Children's Television Programming Report for
the fourth quarter of 1999 were missing. You asserted that these
documents are from the quarter immediately after the current licensee's
acquisition of the station on October 1, 1999. You maintained that the
TV issues/programs list and the Children's Television Programming Report
were subsequently placed in the public file and that station employees
have reviewed the Commission's public inspection file rules and have
implemented policies to ensure the timely placement of all documents
into the public file.

Although we do not rule out more severe sanctions for violations of this
nature in the future, 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)-(iii) of the Rules described in station
WKEF(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 WKEF
Licensee L.P. at the address listed above, and to Kathryn R. Schmeltzer,
Esquire, Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, N.W.,
Washington, D.C. 20037-1128.

> Sincerely,
>
> Barbara A. Kreisman
>
> Chief, Video Division
>
> Media Bureau

[^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).