Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0009 (June 2010)
FCC 316
FOR FCC USE ONLY
 
APPLICATION FOR CONSENT TO ASSIGN BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE OR TO TRANSFER CONTROL OF ENTITY HOLDING BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BTCH - 20050516AHF
Section I - General Information
1. Legal Name of the Licensee/Permittee
EMMIS RADIO LICENSE, LLC
Mailing Address
3500 WEST OLIVE AVENUE
SUITE 1450

City
BURBANK
State or Country (if foreign address)
CA
Zip Code
91505 - 5542
Telephone Number (include area code)
8182380209
E-Mail Address (if available)
MRICE@EMMIS.COM
FCC Registration Number:
0001529346
Call Sign
KSHE
Facility ID Number
19523
2. Contact Representative (if other than licensee/permittee)
JOHN E. FIORINI, III
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)
JFIORINI@WRF.COM
3. 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
N/A (Fee Required)
4.
a.  Voluntary Assignment or Transfer of Control  Involuntary Assignment or Transfer of Control
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]

b.

Applicant certifies that the use of FCC Form 316 is appropriate for this transaction.

 

Yes No
See Explanation in
[Exhibit 2]
5.

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 73.5000)?

If yes, list pertinent authorizations in an Exhibit.

Yes No

[Exhibit 3]



NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section II - Assignor/Transferor

1. Certification.   Assignor/Transferor certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignor/Transferor 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.
Application for (check one): Consent to Assign Construction Permit Consent to Transfer Control of Permittee
Consent to Assign License Consent to Transfer Control of Licensee
Amendment to pending application
3.
Legal Name of the Assignor/Transferor
SHAREHOLDERS OF EMMIS COMMUNICATIONS CORPORATION
Mailing Address
ONE EMMIS PLAZA
40 MONUMENT CIRCLE, SUITE 700

City
INDIANAPOLIS
State or Country (if foreign address)
IN
Zip Code
46204 -
Telephone Number (include area code)
3172660100
E-Mail Address (if available)

4.
Contact Representative (if other than Assignor/Transferor)
JOHN E. FIORINI III, ESQ.
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)
JFIORINI@WRF.COM
 
If more than one Transferor, submit the information requested in Questions 3 and 4 for each transferor.
[Exhibit 4]
5. Authorizations to be Assigned/Transferred. List the authorized stations and construction permits to be assigned/transferred. 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/transferred. 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/transferred. 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/transferred. 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
19523 KSHE - CRESTWOOD MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
56525 KPNT - ST. GENEVIEVE MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27022 KIHT - ST. LOUIS MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73890 KFTK - FLORISSANT MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74578 WRDA - JERSEYVILLE IL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35498 KPWR - LOS ANGELES CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59987 KZLA-FM - LOS ANGELES CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
19525 WKQX - CHICAGO IL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
19522 WLHK - SHELBYVILLE IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
19524 WNOU - INDIANAPOLIS IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
19521 WIBC - INDIANAPOLIS IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
51432 WYXB - INDIANAPOLIS IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
65479 KKFR - GLENDALE AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68824 WWVR - WEST TERRE HAUTE IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70652 WTHI-FM - TERRE HAUTE IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
67846 WQCD - NEW YORK NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73891 KFTK-FM1 - ST. LOUIS MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73233 WLUP-FM - CHICAGO IL


6.
Agreements for Sale/Transfer of Station.
a. If the transaction is voluntary, Assignor/Transferor certifies that:
  i. it has placed in licensee's/permittee's public inspection file(s) and submitted as an exhibit to this item copies of all agreements for the assignment/transfer of the station(s);
  ii. these documents embody the complete and final understanding between assignor/transferor and assignee/transferee; and
  iii. these agreements comply fully with the Commission's rules and policies.
b. If the transaction is involuntary, the Assignor/Transferor certifies that court orders or other authorizing documents have been issued and that it has placed in the licensee's/permittee's public inspecition file(s) and submitted to the Commission copies of such court orders or other authorizing documents.
Exhibit Required
Yes No
N/A

[Exhibit 5]


Yes No
N/A

[Exhibit 6]

7.
Character Issues. Assignor/Transferor 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]

8.
Adverse Findings. Assignor/Transferor certifies that, with respect to the assignor/transferor 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]
9. Auction Authorization. Assignor/transferor 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]
10. Anti-Drug Abuse Act Certification. Assignor/Transferor 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

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
J. SCOTT ENRIGHT
Typed or Printed Title of Person Signing
VICE PRESIDENT
Signature
Date
05/12/2005
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).



NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section III - Assignee/Transferee

1. Certification.   Assignee/Transferee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee/Transferee 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.
Legal Name of the Assignee/Transferee
JEFFREY H. SMULYAN
Mailing Address
ONE EMMIS PLAZA
40 MONUMENT CIRCLE, SUITE 700

City
INDIANAPOLIS
State or Country (if foreign address)
IN
Zip Code
46204 -
Telephone Number (include area code)
3172660100
E-Mail Address (if available)

3.
Contact Representative (if other than Assignee/Transferee)
JOHN E. FIORINI III, ESQ.
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)

 
If more than one Transferee, submit the information requested in Questions 2 and 3 for each transferee.
[Exhibit 10]
4.
Agreements for Sale/Transfer of Station. Assignee/Transferee certifies that:
a. the written agreements in the licensee/permittee's public inspection file embody the complete and final agreement for the sale or transfer of the station(s); and
b. these agreements comply fully with the Commission's rules and policies.
Yes No
[Exhibit 11]
5. Changes in interests as a result of assignment/transfer.
a. [Enter Changes in Interests Information]


or [Exhibit 12]
 
 
b. Applicant certifies that equity interests not set forth above are non-attributable.
Yes No

N/A

[Exhibit 13]

6. Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast stations in which assignee/transferee or any party to the application has an attributable interest. N/A

[Exhibit 14]

7. Acquisition of Control. List the file number and date of grant of FCC Form 301, 314, or 315 application by which the Commission approved the qualifications of the individual or entity with a pre-existing interest in the licensee/permittee that is now acquiring control of the licensee/permittee as a result of the grant of this application. N/A

[Exhibit 15]

8.
Character Issues. Assignee/Transferee certifies that neither assignee/transferee 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 16]

9.
Adverse Findings. Assignee/Transferee certifies that, with respect to the assignee/transferee 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 17]

10. Alien Ownership and Control. Assignee/Transferee 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 18]

11. Auction Authorization. Assignee/transferee 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 19]
12. Anti-Drug Abuse Act Certification. Assignee/transferee 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

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
JEFFREY H. SMULYAN
Typed or Printed Title of Person Signing
INDIVIDUAL
Signature
Date
05/12/2005
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 2
Description:
USE OF FORM 316

SEE EXHIBIT 10

Attachment 2


Exhibit 5
Description:
AGREEMENTS

SEE EXHIBIT 10.

Attachment 5


Exhibit 7
Description:
CHARACTER ISSUES

BY ORDER RELEASED AUGUST 12, 2004, FCC 04-199, THE COMMISSION ADOPTED A CONSENT DECREE RELATING TO ALLEGED BROADCASTS OF OBSCENE, INDECENT OR PROFANE MATERIAL BY STATIONS UNDER THE CONTROL OF EMMIS COMMUNICATIONS CORPORATION. IN THAT ORDER, THE COMMISSION, INTER ALIA, CONCLUDED THAT 'THERE ARE NO SUBSTANTIAL AND MATERIAL QUESTIONS OF FACT IN REGARD TO THE MATTERS COVERED BY THE CONSENT DECREE AS TO WHETHER EMMIS POSSESSES THE BASIC QUALIFICATIONS, INCLUDING ITS CHARACTER QUALIFICATIONS, TO HOLD OR OBTAIN ANY FCC LICENSES OR AUTHORIZATIONS' (AT PARA. 4). THE ORDER DENIED A PETITION FOR RECONSIDERATION PREVIOUSLY FILED BY DAVID EDWARD SMITH IN WHICH HE SOUGHT REINSTATEMENT OF CERTAIN DISMISSED INDECENCY COMPLAINTS AND ALSO CONTENDED THAT EMMIS HAD ACTED IMPROPERLY IN CONNECTION WITH A LAWSUIT AGAINST SMITH FILED BY ERICH MULLER (A/K/A MANCOW). THE CONTENTION REGARDING THE LAWSUIT WAS ALSO CONTAINED IN AN INFORMAL OBJECTION FILED BY SMITH ON JULY 23, 2004, AGAINST THE LICENSE RENEWAL APPLICATIONS OF EMMIS RADIO STATIONS IN INDIANA.

ON SEPTEMBER 13, 2004, SMITH FILED A PETITION FOR RECONSIDERATION OF THE ORDER; THAT PETITION REMAINS PENDING.

FURTHER, ON NOVEMBER 1, 2004, SMITH ET AL. FILED A PETITION TO DENY THE APPLICATION FOR RENEWAL OF LICENSE OF WKQX(FM), CHICAGO, IL, WHICH IS UNDER COMMON CONTROL WITH THE APPLICANT. THE PETITION IS BASED PRINCIPALLY UPON THE MATTERS DESCRIBED ABOVE AND CHALLENGES THE VALIDITY OF THE CONSENT DECREE. IN ADDITION, THE PETITION CLAIMS THAT KPNT(FM), ST. GENEVIEVE, MO, WHICH IS UNDER COMMON CONTROL WITH THE APPLICANT, ACTED IMPROPERLY IN CONNECTION WITH CORRESPONDENCE FROM THE STATION'S LOCAL COUNSEL TO A ST. LOUIS AREA RESIDENT RELATING TO HER CONTACTS WITH STATION ADVERTISERS REQUESTING THAT THEY NOT ADVERTISE ON THE STATION.

ON JANUARY 3, 2005, JULIE CORDRY, THE ST. LOUIS AREA RESIDENT REFERENCED IN THE SMITH PETITION, FILED A PETITION TO DENY THE KPNT RENEWAL APPLICATION. THE PETITION MAKES THE SAME CLAIMS AS THE SMITH PETITION WITH RESPECT TO THE VALIDITY OF THE SETTLEMENT AGREEMENT AND ALLEGED INAPPROPRIATE ACTS BY KPNT WITH RESPECT TO MS. CORDRY'S
CONTACTS WITH STATION ADVERTISERS. THE PETITION ALSO CONTENDS THAT THE RENEWAL APPLICATION SHOULD BE DENIED BECAUSE OF ALLEGEDLY-OBJECTIONABLE LINKS ON THE STATION'S WEBSITE.


EMMIS DOES NOT CONCEDE THAT THESE ALLEGATIONS RAISE 'CHARACTER' ISSUES, BUT DISCLOSES THEM OUT OF AN ABUNDANCE OF CAUTION.

Attachment 7


Exhibit 11
Description:
AGREEMENTS

SEE EXHIBIT 10.

Attachment 11


Attachment 12
Description
Description of Transfer


Exhibit 14
Description:
OTHER AUTHORIZATIONS

SEE EXHIBIT 10

Attachment 14


Exhibit 15
Description:
ACQUISITION OF CONTROL

SEE EXHIBIT 10

Attachment 15


Exhibit 16
Description:
CHARACTER ISSUES

SEE EXHIBIT 6

Attachment 16