Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0031 (June 2014)
FCC 314
FOR FCC USE ONLY
 
APPLICATION FOR CONSENT TO ASSIGNMENT OF BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BAL - 20101012AEJ
Section I - General Information
1. Legal Name of the Licensee/Permittee
VERNAL ENTERPRISES, INC
Mailing Address
P.O. BOX 1032

City
INDIANA
State or Country (if foreign address)
PA
Zip Code
15701 - 1032
Telephone Number (include area code)
7245431380
E-Mail Address (if available)
FCC Registration Number:
0003177391
Call Sign
WTYM
Facility ID Number
69975
2. Contact Representative (if other than licensee/permittee)
JOHN M. PELKEY
Firm or Company Name
GARVEY SCHUBERT BARER
Mailing Address
1000 POTOMAC ST, NW
FIFTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20007 -
Telephone Number (include area code)
2029657880

E-Mail Address (if available)
JPELKEY@GSBLAW.COM
3. Legal Name of the Assignee
FAMILY-LIFE MEDIA-COM, INC.
Mailing Address
114 SOUTH JEFFERSON STREET

City
KITTANNING
State or Country (if foreign address)
PA
ZIP Code
16201 -
Telephone Number (include area code)
7245488000
E-Mail Address (if available)
DCROYLE@FAMILYLIFETV.COM
4. Contact Representative (if other than assignee)
JEFFREY L. TIMMONS, ESQ.
Firm or Company Name
JEFFREY L. TIMMONS, P.C.
Mailing Address
1110 WHITEHAWK TRAIL

City
LAWRENCEVILLE
State or Country (if foreign address)
GA
Zip Code
30043 -
Telephone Number (include area code)
6784635116

E-Mail Address (if available)
JEFF@TIMMONSPC.COM
5.
If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other AMENDMENT ONLY, NO FEE REQUIRED
N/A (Fee Required)
6.
Purpose of Application:
Assignment of license
Assignment of construction permit
Amendment to pending application
File number of pending application:    -
If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised.
[Exhibit 1]
7.
Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)?
If yes, list pertinent authorizations in an Exhibit.
Yes No
[Exhibit 2]
8.
a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)?

Yes No
b. If yes to 8(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system?
Yes No
If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a).

[Exhibit 3]
c. LPFM Licenses Only: Has the assignor held the station license and operated the station for at least three years? Yes No
N/A
9.
a. Were any of the authorizations that are the subject of this application obtained after award of a dispositive Section 307(b) preference using the Tribal Priority, through Threshold Qualifications procedures, or through the Tribal Priority as applied before the NCE fair distribution analysis set forth in 47 C.F.R. § 73.7002(b)?

Yes No
b. If yes to 9(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant?

Yes No

c. If no to 9(b), do both the assignor/transferor and assignee/transferee qualify for the Tribal Priority in all respects?

If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the established Tribal Priority holding period restrictions, or that the policy should be waived.
Yes No

[Exhibit 4]



Section II - Assignor

1. Certification.  Licensee/permittee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets. Yes No
2. Authorizations to be Assigned. List the authorized stations and construction permits to be assigned. Provide the Facility Identification Number and the Call Sign, or the Facility Identification Number and the File Number of the Construction Permit, and the location, for each station to be assigned. Include main stations, FM and/or TV translator stations, LPTV stations, FM and/or TV booster stations.

[Enter Station Information]


List the authorized stations and construction permits to be assigned. Provide the Facility Identification Number and the Call Sign, or the Facility Identification Number and the File Number of the Construction Permit, and the location, for each station to be assigned. Include main stations, FM and/or TV translator stations, LPTV stations, FM and/or TV booster stations.

Facility ID Number
Call Sign or  Construction Permit File Number
City
State
69975 WTYM
-
KITTANNING PA


 
3. Agreements for Sale of Station. Licensee/permittee certifies that:
a. it has placed in its public inspection file(s) and submitted as an exhibit to this item copies of all agreements for the sale of the station(s);
b. these documents embody the complete and final understanding between licensee/permittee and assignee; and
c. these agreements comply fully with the Commission's rules and policies.
Exhibit Required
Yes No
[Exhibit 5]
4. Other Authorizations. List call signs, locations and facility identifiers of all other broadcast stations in which licensee/permittee or any party to the application has an attributable interest. N/A
[Exhibit 6]
5. Character Issues. Licensee/permittee certifies that neither licensee/permittee nor any party to the application has or has had any interest in, or connection with:
a. any broadcast application in any proceeding where character issues were left unresolved or were resolved adversely against the applicant or any party to the application; or
b. any pending broadcast application in which character issues have been raised.
Yes No

See Explanation in
[Exhibit 7]

6. Adverse Findings. Licensee/permittee certifies that, with respect to the licensee/permittee and each party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. Yes No

See Explanation in
[Exhibit 8]

7. Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes No
8. Auction Authorization. Licensee/permittee certifies that more than five years have passed since the issuance of the construction permit for the station being assigned, where that permit was acquired in an auction through the use of a bidding credit or other special measure. Yes No

N/A

See Explanation in
[Exhibit 9]

9. Anti-Drug Abuse Act Certification. Licensee/permittee certifies that neither licensee/permittee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No
10. Anti-Discrimination Certification. Licensee/permittee certifies that neither licensee/permittee nor any party to the application have violated the Commission's prohibition against discrimination on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations. Yes No

N/A

See Explanation in
[Exhibit 10]

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations.

Typed or Printed Name of Person Signing
NANCY W. SHRECONGOST
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date
10/06/2010
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).



Section III - Assignee

1. Certification.  Assignee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application instructions and worksheets. Yes No
2.
Assignee is:
an individual a general partnership a for-profit corporation
a limited partnership a not-for-profit corporation a limited liability company (LLC/LC)
other
 
a. If "other", describe nature of applicant in an Exhibit.
[Exhibit 11]
b. Radio Station applicants only: If the station(s) being assigned is noncommercial educational or LPFM, the assignee certifies that the Commission had previously granted a broadcast application, identified here by file number, that found this assignee qualified as a noncommercial educational entity with a qualif'ing educational program, and that the assignee will use the station(s) to advance a program similar to that the Commission has found qualifying in the assignee's previous application.

Yes No
N/A

FCC File Number
-

c. Radio Station applicants only: Proposed assignees of noncommercial educational or LPFM stations that aswered "No" to Question 2(b) must include an exhibit that describes the assignee's educational objective and how the station will be used to advance an educational program that will further that objective according to 47 C.F.R. Section 73.503 (for radio applicants), 47 C.F.R. Section 853 (for LPFM applicants).
[Exhibit 12]
3. Agreements for Sale of Station. Assignee certifies that:
a. the written agreements in the licensee/permittee's public inspection file and submitted to the Commission embody the complete and final agreement for the sale of the station(s) which are to be assigned; and
b. these agreements comply fully with the Commission's rules and policies.
Yes No


See Explanation in
[Exhibit 13]

4.
Parties to the Application.
a. List the assignee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the assignee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary.

(1) Name and address of the assignee and each party to the application holding an attributable intrerest (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 assignee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners. (2) Citizenship.
(3) Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard., etc.
(4) Percentage of votes.
(5) Percentage of total assets (debt plus equity).
 
[Enter Parties/Owners Information]

4a. Parties to the Application

List the assignee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the assignee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity.
(1) Name and address of the assignee and each party to the application holding an attributable intrerest (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 assignee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
(2) Citizenship.
(3) Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard., etc.
(4) Percentage of votes.
(5) Percentage of total assets(debt plus equity).
(1) Name and Address (2) Citizenship (3) Positional Interest (4) Percentage of Votes (5) Percentage of total assets(debt plus equity)
SEE EXHIBIT 12
NA
NA
0
0


or [Exhibit 14]
b. Assignee certifies that equity interests not set forth above are non-attributable.
Yes No
N/A

See Explanation in
[Exhibit 15]

5. Other Authorizations. List call signs, locations and facility identifiers of all other broadcast stations in which licensee/permittee or any party to the application has an attributable interest. N/A
[Exhibit 16]
6. Multiple Ownership.
a. Is the assignee or any party to the application the holder of an attributable radio or television joint sales agreement or an attributable radio or television time brokerage agreement with the station(s) subject to this application or with any other station in the same market as the station(s) subject to this application?

If "Yes," radio applicants must submit as an Exhibit a copy of each such agreement for radio stations.

Yes No

[Exhibit 17]

b. Assignee certifies that the proposed assignment complies with the Commission's multiple ownership rules and cross-ownership rules.

AM and/or FM Radio applicants only: If "Yes," submit an Exhibit providing information regarding the market, broadcast station(s), and other information necessary to demonstrate compliance with 47 C.F.R. § 73.3555(a).

All applicants: If "No," submit as an Exhibit a detailed explanation in support of an exemption from, or waiver of, 47 C.F.R. § 73.3555.

Yes No


[Exhibit 18]

c. Assignee certifies that the proposed assignment:
1.  does not present an issue under the Commission's policies relating to media interests of immediate family members;
2.  complies with the Commission's policies relating to future ownership interests; and
3.  complies with the Commission's restrictions relating to the insulation and nonparticipation of non-party investors and creditors.

Yes No

See Explanation in
[Exhibit 19]

d.
Does the Assignee claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds (1) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or (2) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (3) more than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)?

All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of status as an eligible entity.
Yes No


See Explanation in
[Exhibit 20]

e. Does this assignment include a grand-fathered cluster of stations?
All applicants: If "Yes", applicant certifies that it will come in compliance by divesting the necessary station(s) within 12 months of the consummation of this transaction to:
Yes No
  A. An Eligible Entity (as defined in Item 6d, above).
  B. An Irrevocable Trust that will assign the station(s) to an Eligible Entity.
  All applicants: If "Yes" to Item 6e A or B: Submit as an Exhibit a copy of the form of irrevocable trust agreement providing for the assignment of the station(s) to an Eligible Entity.
Yes No
  Yes No

 

See Explanation in
[Exhibit 21]

7. Character Issues. Assignee certifies that neither assignee nor any party to the application has or has had any interest in, or connection with:
a. any broadcast application in any proceeding where character issues were left unresolved or were resolved adversely against the applicant or any party to the application; or
b. any pending broadcast application in which character issues have been raised.
Yes No

See Explanation in
[Exhibit 22]

8. Adverse Findings. Assignee certifies that, with respect to the assignee and each party to the application, no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination. Yes No


See Explanation in
[Exhibit 23]

9. Alien Ownership and Control. Assignee certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. Yes No

See Explanation in
[Exhibit 24]

10. Financial Qualifications. Assignee certifies that sufficient net liquid assets are on hand or are available from committed sources to consummate the transaction and operate the station(s) for three months. Yes No

See Explanation in
[Exhibit 25]

11. Program Service Certification. Assignee certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. Yes No
12. Auction Authorization. Assignee certifies that where less than five years have passed since the issuance of the construction permit and the permit had been acquired in an auction through the use of a bidding credit or other special measure, it would qualify for such credit or other special measure. Yes No

N/A

See Explanation in
[Exhibit 26]

13. Anti-Drug Abuse Act Certification. Assignee certifies that neither assignee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No
14. Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A.
Yes No
N/A

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)

Typed or Printed Name of Person Signing
DAVID J. CROYLE
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
11/09/2010

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:
PURPOSE OF AMENDMENT

AMENDMENT OF SECTION III, THE ASSIGNEE'S PORTION OF THE APPLICATION ONLY, TO REVISE THE RESPONSES TO ITEMS 3 AND 4 AND EXHIBIT 12, RE: THE OWNERSHIP STRUCTURE OF THE ASSIGNEE.

Attachment 1


Exhibit 5
Description:
AGREEMENTS FOR SALE OF STATION

ATTACHED HERETO ARE COPIES OF THE ASSET PURCHASE AGREEMENT WITH RESPECT TO THE PROPOSED ASSIGNMENT, AS WELL AS A COPY OF THE TIME BROKERAGE AGREEMENT INTO WHICH THE PARTIES HAVE ENTERED. PURSUANT TO THE COMMISSION'S POLICY, AS STATED IN ITS PUBLIC NOTICE, 17 FCC RCD 16166 (MEDIA BUREAU 2002), A COMPLETE LIST OF THE SCHEDULES AND EXHIBITS TO THE ASSET PURCHASE AGREEMENT AND THE TIME BROKERAGE AGREEMENT FOLLOWS. AS IS ALSO CONSISTENT WITH THAT POLICY, THE SCHEDULES AND EXHIBITS HAVE BEEN OMITTED FROM THE ATTACHED ASSET PURCHASE AGREEMENT AND THE TIME BROKERAGE AGREEMENT IN ORDER TO (1) AVOID BURDENING THE COMMISSION WITH INFORMATION THAT IS NOT RELEVANT TO THE AGENCY'S REVIEW OF THE TRANSACTION PROPOSED HEREIN AND (2) PRESERVE PROPRIETARY INFORMATION. SECTION 309 OF THE COMMUNICATIONS ACT PROVIDES THAT THE COMMISSION MUST DETERMINE, WITH RESPECT TO AN APPLICATION FILED WITH IT, WHETHER THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY WILL BE SERVED BY THE GRANT OF THAT APPLICATION. THE INFORMATION CONTAINED IN THE SCHEDULES AND EXHIBITS LISTED BELOW IS EITHER DUPLICATIVE OF INFORMATION ALREADY PROVIDED IN THE APPLICATION ITSELF OR IS NOT MATERIAL TO THE COMMISSION'S DETERMINATION AS TO WHETHER A GRANT OF THE APPLICATION IS IN THE PUBLIC INTEREST. UPON REQUEST OF THE COMMISSION STAFF, HOWEVER, COPIES OF THE SCHEDULES AND EXHIBITS TO THE AGREEMENTS WILL BE PROMPTLY PROVIDED.

ASSET PURCHASE AGREEMENT SCHEDULES AND EXHIBITS:
SCHEDULE 1(E)      - REAL PROPERTY
SCHEDULE 1(F)      - CONTRACTS
SCHEDULE 1.1       - EXCLUDED ASSETS
SCHEDULE 3.3       - LIENS
SCHEDULE 3.5(A)    - REAL PROPERTY LEASES
SCHEDULE 3.7       - LIABILITIES
SCHEDULE 3.8       - LITIGATION

EXHIBIT A          - FORM OF NOTE
EXHIBIT B          - FORM OF MORTGAGE
EXHIBIT C          - FORM OF SECURITY AGREEMENT
EXHIBIT D          - FORM OF FINANCING STATEMENT

TIME BROKERAGE AGREEMENT SCHEDULE:
SCHEDULE A       - PROGRAMMER PAYMENT OBLIGATIONS

THE ASSET PURCHASE AGREEMENT AND THE TIME BROKERAGE AGREEMENT FULLY COMPLY WITH THE COMMISSION'S RULES AND POLICIES.


Attachment 5
Description
ASSET PURCHASE AGREEMENT
TIME BROKERAGE AGREEMENT


Exhibit 6
Description:
OTHER AUTHORIZATIONS

VERNAL ENTERPRISES, INC., IS THE LICENSEE OF WHPA(FM), GALLITZIN, PA (FAC. ID NO. 82271); WNCC(AM), BARNESBORO, PA (FAC. ID NO. 18059); WRDD(AM), EBENSBURG, PA (FAC. ID NO. 18058) AND WTYM(AM), KITTANNING, PA (FAC. ID NO. 69975). IN ADDITION, PRIOR TO HIS DEATH, LARRY L. SCHRECONGOST, WHO WAS A SHAREHOLDER IN VERNAL ENTERPRISES, INC., WAS THE LICENSEE OF WLLS-LP, INDIANA, PA (FAC. ID NO. 208).


Attachment 6


Exhibit 13
Description:
ASSET PURCHASE AGREEMENT

SEE EXHIBIT 4.

Attachment 13


Exhibit 14
Description:
OWNERSHIP STRUCTURE

SEE ATTACHED EXHIBIT 12.

Attachment 14
Description
Ownership Structure of Assignee


Exhibit 17
Description:
TIME BROKERAGE AGREEMENT

THE PROPOSED ASSIGNEE, FAMILY-LIFE MEDIA-COM, INC. ('FAMILY-LIFE'), IS A PARTY TO A TIME BROKERAGE AGREEMENT ('TBA') DATED 7/14/10 WITH THE ASSIGNOR AND LICENSEE, VERNAL ENTERPRISES, INC. ('VERNAL'), UNDER WHICH FAMILY-LIFE IS PROVIDING PROGRAMMING FOR MORE THAN 15% OF THE BROADCAST TIME PER WEEK FOR WTYM(AM); A COPY OF THE TBA IS ATTACHED TO EXHIBIT 4.

Attachment 17


Exhibit 18
Description:
BROADCAST MULTIPLE OWNERSHIP AND CROSS-OWNERSHIP

OTHER THAN THE STATION TO BE ACQUIRED, WTYM(AM) KITTANNING PA, NEITHER THE PROPOSED ASSIGNEE, FAMILY-LIFE MEDIA-COM, INC. ('FAMILY-LIFE'), NOR ANY OTHER PARTY WITH AN ATTRIBUTABLE INTEREST IN FAMILY-LIFE, HAS AN ATTRIBUTABLE INTEREST IN ANY OTHER BROADCAST STATION.

FAMILY-LIFE NOTES THAT IT PRODUCES A PUBLICATION ENTITLED 'THE KITTANNING PAPER', WHICH INCLUDES ADVERTISEMENTS PLUS ARTICLES SUBMITTED BY THE PUBLIC OR WRITTEN BY ITS STAFF, THAT IS DISTRIBUTED FOR FREE MONDAY THROUGH FRIDAY AT ABOUT A DOZEN RESTAURANTS, STORES OR OTHER BUSINESSES IN KITTANNING, AS WELL AS ABOUT TWENTY OTHER LOCATIONS IN A FEW SURROUNDING COMMUNITIES. FAMILY-LIFES NOTES THAT THE PUBLICATION IS NOT A 'NEWSPAPER', NOR A 'NEWSPAPER OF GENERAL CIRCULATION', AS THOSE TERMS ARE DEFINED UNDER THE RELEVANT PENNSYLVANIA STATUTE, SEE 45 PA. CONS. STAT. ANN. SECTION 101 (2010). IN ADDITION, ALTHOUGH PRINTED IN ENGLISH AND DISTRIBUTED FIVE DAYS PER WEEK, SINCE IT IS NOT 'CIRCULATED GENERALLY', THE PUBLICATION SHOULD NOT BE CONSIDERED A DAILY NEWSPAPER FOR PURPOSES OF SECTION 73.3555(D) OF THE COMMISSIONS RULES, AS THAT TERM IS DEFINED IN NOTE 6 TO SECTION 73.3555(D), SEE 47 C.F.R. SECTION 73.3555(D) AND NOTE 6; INSTEAD, THE FREE DISTRIBUTION OF THE PUBLICATION AT LOCAL BUSINESSES IS ANALOGOUS TO THE SIMILAR FREE DISTRIBUTION ON OR NEAR CAMPUSES OF COLLEGE NEWSPAPERS, WHICH THE COMMISSION HAS EXPRESSLY STATED ARE NOT CIRCULATED GENERALLY AND THEREFORE ARE NOT DAILY NEWSPAPERS. ID. AT NOTE 6. FAMILY-LIFE WOULD BE HAPPY TO PROVIDE A REPRESENTATIVE COPY OF THE PUBLICATION AND ADDRESS THIS MATTER IN FURTHER DETAIL IF REQUESTED BY THE COMMISSION.

Attachment 18