**DA 07-1727**

**Released: April 16, 2007**

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

KVUE Television, Inc.

KVUE(TV)

400 South Record Street

Dallas, TX 75202

Re: KVUE Television, Inc.

KVUE(TV), Austin, TX

Facility ID No. 35867

File No. BRCT-20060403BEY

Dear Licensee:

This refers to your license renewal application for station KVUE(TV),
Austin, TX.

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 April 3, 2006, you filed the above-referenced license renewal
application for station KVUE(TV). In response to Section IV, Question
10, you stated that you failed to publicize 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 station KVUE(TV)'s traffic system was changed in 2003 and
that during this transition, "the contract providing for scheduling of
on-air announcements regarding KVUE's children's television reports" was
mistakenly eliminated. You reported that, no announcements concerning
the existence and location of station KVUE(TV)'s Children's Television
Programming Reports were broadcast between March 2003 and December 2005.
You asserted that when you discovered this error in December 2005, you
immediately took steps to resume broadcasting announcements concerning
station KVUE(TV)'s Children's Television Programming Reports.

Based on the record before us, we think that an admonition is warranted
for the station's failure to publicize the existence and location of the
Children's Television Programming Reports. 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)(iii) of the
Rules described in station KVUE(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 KVUE
Television, Inc. at the address listed above, and to its counsel,
Kathleen Kirby, Esquire, Wiley Rein & Fielding LLP, 1776 K Street, N.W.,
Washington, D.C. 20006.

> 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.