**DA 08-1064**

**Released: May 6, 2008**

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

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 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. 17^th^ Street, 11^th^ Floor, Arlington, Virginia 22209.

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).