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 - 20031002ABZ
Section I - General Information
1. Legal Name of the Applicant 
POWELL BROADCASTING COMPANY, INC.
Mailing Address
P. O. BOX 788
City
BATON ROUGE
State or Country (if foreign address)
LA
ZIP Code
70809 -
Telephone Number (include area code)
2259224659
E-Mail Address (if available) 
MDAVIS@POWELLGROUP.COM
FCC Registration Number:
0005034467
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@AOL.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 09/30/2003 (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 06/21/1995 DNA

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
AMENDMENTS DNA 09/22/1995 DNA

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
CORRECTION TO AMENDMENTS 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
0
0


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 THE POWELL GROUP, INC., P. O. BOX 788, BATON ROUGE, LA 70821
2. Gender (male or 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 SOLE SHAREHOLDER
7. Percentage of votes 100.00
8. Percentage of total assets (equity debt plus) 100.00

1. Name and Address POWELL BROADCASTING COMPANY, INC.
2. Gender (male or 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 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
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address DAVID PITTS, 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 DIRECTOR
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 SECRETARY

(Official Title)


of POWELL BROADCASTING COMPANY, INC.

(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
DAVID M. WARRINGTON
Date
09/24/2003
Telephone Number of Respondent (Include area code) 2259224659

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 3
Description:
9(C)ATTRIBUTABLE INTERESTS

1.POWELL BROADCASTING COMPANY, INC. (PBC) OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF KSUX/KSCJ RADIO BROADCASTING COMPANY, LICENSEE OF KSUX-FM, WINNEBAGO, NEBRASKA, AND KSCJ-AM, SIOUX CITY, IOWA. THIS FCC FORM 323 OWNERSHIP REPORT IS BEING ELECTRONICALLY FILED IN RESPONSE TO SECTION I, QUESTION 3 ABOVE, CONTEMPORANEOUSLY WITH AND AS A PART OF THE FCC FORM 323 OWNERSHIP REPORT OF KSUX/KSCJ RADIO BROADCASTING COMPANY.

2.PBC IS ALSO THE LICENSEE OF KLEM-AM AND KKMA-FM, LEMARS, IOWA.

3.ONE HUNDRED (100%) PERCENT OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF PBC ARE OWNED BY THE POWELL GROUP, INC., WHICH ALSO OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF (I) KVOL RADIO BROADCASTING COMPANY, LICENSEE OF KZNG(AM) AND KQUS-FM, HOT SPRINGS, ARKANSAS, AND (II) KSMB/KDYS RADIO BROADCASTING COMPANY, LICENSEE KLXQ-FM, HOT SPRINGS, ARKANSAS, AND KZBR-FM, MOUNTAIN PINE, ARKANSAS.

4.AN ADDITIONAL FCC FORM 323 OWNERSHIP REPORT IS BEING ELECTRONICALLY FILED AS A PART OF AND CONCURRENTLY WITH THIS ONE AS INDICATED THEREIN IN RESPONSE TO SECTION 1, QUESTION 3, IN WHICH FULL INFORMATION IS PROVIDED ON THE POWELL GROUP, INC. AND THE FOLLOWING INDIVIDUALS AND ENTITIES HAVING ATTRIBUTABLE INTERESTS THEREIN AND IN KSUX/KSCJ RADIO BROADCASTING COMPANY AND IN PBC: NANETTE NOLAND, ESTATE OF WILLIS WADE NOLAND, 3N75 TRUST, ESTATE OF A.W. NOLAND, LEK90 TRUST (AND THEIR RESPECTIVE EXECUTORS AND TRUSTEES, AS APPROPRIATE.)


Attachment 3