**DA 08-1294**

**Released: June 4, 2008**

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

Roberts Broadcasting Company

WRBU(TV)

1408 N. Kingshighway Boulevard

Suite 300

St. Louis, Missouri 63113

Re: Roberts Broadcasting Company

WRBU(TV), East St. Louis, Illinois

Facility ID No. 57221

File No. BRCT-20050801CZA

Dear Licensee:

This refers to your license renewal application for station WRBU(TV),
East St. Louis, Illinois.

Section 73.3526 of the Commission's Rules (Rules) requires each
commercial broadcast licensee to maintain a public inspection file
containing specific types of information related to station
operations.[^1] Section 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. Moreover, as set
forth in Section 73.3526(e)(11)(iii) of the Rules, each commercial
television broadcast station 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 it has made during the quarter to serve the educational needs of
children. Section 73.3526(e)(11)(iii) of the Rules also requires
commercial television stations to file the reports with the Commission
and to publicize the existence and location of the reports. 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 August 1, 2005, you filed the above-referenced license renewal
application for station WRBU(TV). In response to Section IV, Question 3
of that application, you certified that, during the previous license
term, station WRBU(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 stated that
station WRBU(TV)'s second quarter of 2003 and first quarter of 2004 TV
issues/programs lists and Children's Television Programming Reports were
placed in its public inspection file approximately three months late. In
addition, you reported that station WRBU(TV)'s TV issues/programs lists
and Children's Television Programming Reports for the fourth quarter of
2003, the second, third, and fourth quarters of 2004 and the first
quarter of 2005 were placed in its public inspection file between three
and ten days late. Further, you indicated that the Children's Television
Programming Report for the second quarter of 2003 was late filed with
the Commission by approximately three months, and that the Children's
Television Programming Reports for the fourth quarter of 2003, the third
quarter of 2004 and the first quarter of 2005 were late filed with the
Commission by between approximately one and six days. You attributed all
of the above described violations to inadvertent oversights and
recounted corrective measures to ensure future compliance.

The public inspection file rule serves the critical function of making
available to the public in a timely fashion important information
related to station operations. Admittedly, you were lax in timely filing
Children's Television Programming Reports with the Commission and
placing various reports and records in WRBU(TV)'s public inspection
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
Sections 73.3526(e)(11)(i) and (iii) of the Rules described in station
WRBU(TV)'s renewal application. We remind you that the Commission
expects all commercial television licensees to comply with the
Commission's rules regarding material to be timely included and retained
in the public inspection file.

Accordingly, IT IS ORDERED that, a copy of this Letter shall be sent by
First Class and Certified Mail, Return Receipt Requested to Roberts
Broadcasting Company 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. 20036-6802.

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).