**DA 08-1822**

**Released: July 31, 2008**

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

Panhandle Telecasting LP

K24DP

P.O. Box 10

Amarillo, Texas 79105-0010

Re: Panhandle Telecasting LP

K24DP, San Jon, New Mexico

Facility ID No. 51467

File No. BRTTA-20060530ACU

Dear Licensee:

This refers to your license renewal application for station K24DP, San
Jon, New Mexico.

Under the Commission's rules implementing the Children's Television Act
of 1990 (CTA),[^1] each television broadcast station licensee has an
obligation, during its license term, to air programming that serves the
educational and informational needs of children through both the
licensee's overall programming and programming "specifically designed"
to educate and inform children (core programming).[^2] The Commission's
rules require commercial licensees to provide information to the public
about the shows they air to fulfill their obligation. Section
73.3526(e)(11)(iii) of the Commission's Rules (the "Rules"), 47 C.F.R. §
73.3526(e)(11)(iii), requires each commercial television broadcast
station 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 it has made during the quarter to
serve the educational needs of children. As set forth in Section
73.3526(e)(11)(iii), licensees are also required to file the reports
with the Commission and to publicize for the public the existence and
location of the reports.

On May 30, 2006, you filed the above-referenced license renewal
application for station K24DP. In response to Section IV, Question 10,
you stated that, you cannot certify to publicizing throughout the
license term, the existence and location of the Station's Children's
Television Programming Reports, as set forth in Section
73.3526(e)(11)(iii) of the Rules. In Exhibit 24, you indicated that it
is station K24DP's policy to periodically air a commercial spot
publicizing the existence and location of its Children's Television
Programming Reports. Moreover, you stated that although station
management believes that this notice has continued to run throughout the
license term, station K24DP was unable to confirm the airing of these
announcements since the beginning of 2001. Nonetheless, you argued that
based on station K24DP's good faith belief that it has continued to
comply throughout the duration of the license term and its confirmed
compliance during the first three years of the license term, station
K24DP believes that it has complied with Section 73.3526(e)(11)(iii).

Based on the information before us, we believe that an admonition is
warranted for your failure to maintain sufficient records to confirm
that you publicized the existence and location of station K24DP's
Children's Television Programming Reports throughout the license term.
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 apparent violation of
Section 73.3526(e)(11)(iii) of the Rules described in station K24DP'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 Panhandle
Telecasting LP at the address listed above, and to its counsel, David D.
Oxenford, Esquire, Davis Wright Tremaine LLP, 1500 K Street, N.W., Suite
450, Washington, D.C. 20005.

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

[^1]: Pub. L. No. 101-437, 104 Stat. 996-1000, *codified at* 47 U.S.C.
    Sections 303a, 303b and 394.

[^2]: 47 C.F.R. § 73.671.