Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0010 (June 2002)
FCC 323
FOR FCC USE ONLY
 
OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BOA - 20090819AEE
Section I - General Information
1. Legal Name of the Applicant 
KSUX/KSCJ RADIO BROADCASTING COMPANY
Mailing Address
P. O. BOX 788
City
BATON ROUGE
State or Country (if foreign address)
LA
ZIP Code
70821 -
Telephone Number (include area code)
2259224662
E-Mail Address (if available) 
TSPIES@POWELLGROUP.COM
FCC Registration Number:
0005031281
Call Sign 
KSUX
Facility ID Number 
21691
2. Contact Representative (if other than Licensee/Permittee)
CHARLES L. SPENCER
Firm or Company Name
HEBERT, SPENCER, CUSIMANO & FRY, LLP
Telephone Number (include area code)
2253442601
E-Mail Address (if available)
CLSATTY@GMAIL.COM
3. Name of entity, if other than licensee or permittee, for which report is filed

Mailing Address


City
State or Country (if foreign address)
ZIP Code
-
Telephone Number (include area code)
E-Mail Address (if available)
4. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Fee-exempt Report Other
N/A (Fee Required)



Section II - Ownership Information

5.

a. Biennial b. Transfer of Control or Assignment of License/Permit c. Other
d. Amendment to pending application


for the following stations:

[Enter Station Information]


Station List


This Report is filed for the following stations:

Call Letters
Facility ID Number
Location (City/State)
Class of service
KSUX 21692 WINNEBAGO, NE FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
KSCJ 21691 SIOUX CITY IA AM



All of the information furnished in this Report is accurate as of 10/01/2008 (Date must comply with 47 C.F.R. Section 73.3615(a), i.e., information must be current within 60 days of filing of this report, when 5(a) below is checked.)

This Report is filed for (check one)
6.
Respondent is:
Sole proprietorship Not-for-profit corporation Limited partnership
For-profit corporation General partnership Other
If "Other", describe nature of the respondent in an Exhibit.
[Exhibit 1]
7.
List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613.   (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Contract/Instrument Information]


Contracts/Instruments Information


List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613. (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject shall respond.)

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
ARTICLES OF INCORPORATION DNA 10/09/1995 DNA

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
CORRECTION TO ARTICLES OF INCORPORATION DNA 02/21/1996 DNA


8. Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Capitalization Information]


Capitalization


Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise excercises de facto control over the subject licensee or permittee shall respond.)

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
COMMON
V
500
500


9.
(a.) List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
[Enter Owner Information]

Owner Information

List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
(Read carefully - The numbered items below refer to line numbers in the following table.)
1. Name and address of respondent and each party to the respondent holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the respondent first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
2. Gender (male or female).
3. Ethnicity (check one).
4. Race (select one or more).
5. Citizenship.
6. Positional interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
7. Percentage of votes.
8. Percentage of total assets (equity debt plus).

1. Name and Address KSUX/KSCJ RADIO BROADCASTING COMPANY
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest RESPONDENT
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 100.00

1. Name and Address POWELL BROADCASTING COMPANY, INC.
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest SHAREHOLDER
7. Percentage of votes 100.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address THE POWELL GROUP, L.L.C.
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest PARENT RESPONDENT
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address NANETTE NOLAND, P.O. BOX 788, BATON ROUGE, LA 70821
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest PRESIDENT/DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address THOMAS J. SPIES, P.O.BOX 788, BATON ROUGE, LA 70821
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest CHIEF OPERATING OFFICER
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address DAVID M. WARRINGTON, P.O.BOX 788,BATON ROUGE, LA 70821
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest SECRETARY/DIRECTOR/CHIEF FINANCIAL OFFICER
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00


(b) Respondent certifies that equity and financial interests not set forth in response to Question 9(a) are non-attributable. Yes No

N/A

See Explanation in
[Exhibit 2]

(c) Is the respondent or any party holding an attributable interest in the respondent also the holder of an attributable interest in any other broadcast station or in any cable or newspaper entities in the same market or with overlapping signals in the same broadcast service, as described in 47 C.F.R. Sections 73.3555 and 76.501? Yes No
If "Yes", submit an Exhibit identifying the holder of that other attributable interest, listing the call signs, locations and facilities identifiers of such other broadcast stations, and describing the nature and size of the ownership interest and the positions held in the other broadcast, cable or newspaper entities. [Exhibit 3]
(d) Are any of the individuals listed in response to Question 9(a) related as parent-child, husband-wife, brothers and sisters?

Yes No

 

If "Yes", submit an Exhibit setting forth full information as to the family relationship

[Exhibit 4]

(e) Is respondent seeking an attribution exemption for any officer or director with duties unrelated to the licensee or permittee?

If "Yes", submit an Exhibit identifying that individual by name and title, fully describing that individual's duties and responsibilities, and explaining why that individual should not be attributed an interest.

Yes No

[Exhibit 5]



SECTION III - CERTIFICATION


I certify that I am CHIEF OPERATING OFFICER

(Official Title)


of KSUX/KSCJ RADIO BROADCASTING COMPANY

(Exact legal title or name of respondent)


and that I have examined this Report and that to the best of my knowledge and belief, all statements in this Report are true, correct and complete.

(Date of certification must be within 60 days of the date shown in Question 5, Section II and in no event prior to that date.)

Signature
THOMAS J. SPIES
Date
08/19/2009
Telephone Number of Respondent (Include area code) 2259224662

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 1
Description:
LATE FILING DISCLOSURE AND EXPLANATION

KSUX/KSCJ RADIO BROADCASTING COMPANY (THE 'LICENSEE') DID NOT FILE AN OWNERSHIP REPORT IN 2008 THROUGH INADVERTENT OVERSIGHT. OWNERSHIP REPORTS HAD BEEN FILED IN 2007 BY ITS PARENT, POWELL BROADCASTING COMPANY, INC., FOLLOWING THE ACQUISITION OF TWO ADDITIONAL RADIO STATIONS IN THE GENERAL AREA OF SIOUX CITY, IA. IT ERRONEOUSLY BELIEVED THAT ANOTHER SUCH FILING WAS NOT DUE IN 2008. THE LICENSEE DISCOVERED THE FILING OMISSION IN AUGUST 2009 DURING A VOLUNTARY AUDIT OF THE PUBLIC INSPECTION FILES OF ITS RADIO BROADCAST STATIONS AND PREPARED AND IS HEREBY IMMEDIATELY FILING ITS 2008 OWNERSHIP REPORT.

Attachment 1


Exhibit 3
Description:
SECTION II, ITEM 9 (C) OTHER ATTRIBUTABLE INTERESTS

1. ONE HUNDRED (100%) PERCENT OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF KSUX/KSCJ RADIO BROADCASTING COMPANY ARE OWNED BY POWELL BROADCASTING COMPANY, INC., FOR WHICH AN FCC FORM 323 PARENT OWNERSHIP REPORT IS BEING ELECTRONICALLY FILED AS PART OF AND CONCURRENTLY WITH THIS OWNERSHIP REPORT.

2. POWELL BROADCASTING COMPANY, INC. IS ALSO THE LICENSEE OF KLEM-AM AND KKMA-FM, LEMARS, IOWA; KKYY-FM, WHITING, IA; AND KZSR-FM, ONAWA, IA.

3. POWELL BROADCASTING COMPANY, INC. HAS CONVERTED FROM A CORPORATION TO A LIMITED LIABILITY COMPANY. NO CHANGE IN OWNERSHIP HAS OCCURRED. AN FCC FORM 316 ASSIGNMENT OF BROADCAST STATION LICENSE APPLICATION IS BEING PREPARED AT THIS TIME TO BE FILED WITH THE COMMISSION IN CONNECTION WITH THAT CONVERSION.

4. ONE HUNDRED (100%) PERCENT OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF POWELL BROADCASTING COMPANY, INC., ARE OWNED BY THE POWELL GROUP, L.L.C., FOR WHICH AN ADDITIONAL FCC FORM 323 PARENT OWNERSHIP REPORT IS BEING ELECTRONICALLY FILED AS A PART OF AND CONCURRENTLY WITH THIS ONE.



Attachment 3