Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0110
(March 2011)
FCC 303-S
FOR FCC USE ONLY
 
APPLICATION FOR RENEWAL OF BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BRH - 20050930BNT
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
GCC BEND, LLC
Mailing Address
2301 LUCIEN WAY
SUITE 180

City
MAITLAND
State or Country (if foreign address)
FL
ZIP Code
32751 -
Telephone Number (include area code)
4076475557
E-Mail Address (if available) 
FCC Registration Number:
0004989075
Facility ID Number
59691
Call Sign 
KMGX
2. Contact Representative
PETER GUTMANN, ESQ.
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 EYE STREET, N.W.
SEVENTH FLOOR
City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20005 -
Telephone Number (include area code)
2028574532
E-Mail Address (if available)
PGUTMANN@WCSR.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 Other
N/A (Fee Required)
4.
Purpose of Application

Renewal of license
Amendment to pending renewal application

If an amendment, submit as an exhibit a listing by Section and Item Number the portions of the pending application that are being revised. [Exhibit 1]
5. Facility Information: Commercial Noncommercial Educational
6. Service and Community of License
a. AM    FM    FM Translator    LPFM
TV Translator    Low Power TV   Class A TV
Digital TV    Digital Translator or Digital LPTV   Digital Class A TV
Community of License /Area to be Served
City: Bend State : OR
b.
Does this application include one or more FM translator station(s), or TV translator station(s), LPTV station(s), in addition to the station listed in Section I question 1? (The callsign(s) of any associated FM translators, TV translators or LPTV stations will be requested in Section V).

Yes No

7.

Other Authorizations. List call signs, facility identifiers and location(s) of any FM booster or TV booster station(s) for which renewal of license is also requested.

[Exhibit 2] N/A



NOTE: In addition to the information called for in Sections II, III, IV and V, an explanatory exhibit providing full particulars must be submitted for each item for which a "No" response is provided.

Section II - Legal - TO BE COMPLETED BY ALL APPLICANTS

1. Certification.  Licensee 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. Character Issues. Licensee certifies that the neither the licensee 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 party to the application; or
Yes No
See Explanation in
[Exhibit 3]
b. any pending broadcast application in which character issues have been raised. Yes No
See Explanation in
[Exhibit 4]
3. Adverse Findings. Licensee certifies that, with respect to the licensee 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 provisons of any laws related to 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 5]

4. FCC Violations during the Preceding License Term. Licensee certifies that, with respect to the station(s) for which renewal is requested, there have been no violations by the licensee of the Communications Act of 1934, as amended, or the rules or regulations of the Commission during the preceding license term. If No, the licensee must submit an explanatory exhibit providing complete descriptions of all violations. Yes No

See Explanation in
[Exhibit 6]

5. Alien Ownership and Control. Licensee 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 7]

6. Anti-Drug Abuse Act Certification. Licensee certifies that neither licensee 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
7. Non-Discriminatory Advertising Sales Agreements. Commercial licensee certifies that its advertising sales agreements do not discriminate on the basis of race or ethnicity and that all such agreements held by the licensee contain nondiscrimination clauses. Noncommercial licensees should select “not applicable.”

Yes No
N/A

See Explanation in
[Exhibit 8]

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
JOHN B. GROSS
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
10/14/2005
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).



Section III - TO BE COMPLETED BY AM and FM LICENSEES ONLY

1. Biennial Ownership Report: Licensee certifies that the station's Biennial Ownership Report (FCC Form 323 or 323-E) has been filed with the Commission as required by 47 C.F.R. Section 73.3615. Yes No

See Explanation in
[Exhibit 9]

2. EEO Program: Licensee certifies that:
a. The station's Broadcast EEO Program Report (FCC Form 396) has been filed with the Commission, as required by 47 C.F.R. Section 73.2080(f)(1).

Specify FCC Form 396 File Number : - 20050930BFE

Yes No

See Explanation in
[Exhibit 10]

b. The station has posted its most recent Broadcast EEO Public File Report on the station's website, as required by 47 C.F.R. Section 73.2080(c)(6).
Yes No
N/A

See Explanation in
[Exhibit 11]

3. Local Public File. Licensee certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Yes No

See Explanation in
[Exhibit 12]

4. Adherence to Minimum Operating Schedule. Licensee certifies that, during the preceding license term, the station has not been silent (or operating for less than its prescribed minimum operating hours) for any period of more than 30 days.

If No, submit an Exhibit specifying the exact dates in the preceding license term on which the station was silent or operating for less than its prescribed minimum hours.

Yes No

See Explanation in
[Exhibit 13]

5. Discontinued Operations. Licensee certifies that during the preceding license term, the station has not been silent for any consecutive 12-month period. Yes No

See Explanation in
[Exhibit 14]

6. Silent Station Licensee certifies that the station is currently on the air broadcasting programming intended to be received by the public.
Yes No
7. Environmental Effects. Licensee certifies that the specified facility complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments.

By checking "Yes" above, the licensee also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower, or antenna from radio frequency electromagnetic exposure in excess of FCC guidelines.

Yes No

See Explanation in
[Exhibit 15]

8.

Radio/Newspaper Cross-Ownership. Licensee certifies that neither the applicant nor any party to this application has an attributable interest in a newspaper which: (1) is published four or more days per week, (2) is in the dominant language in the market, and (3) is published in a community entirely encompassed by:

 
a.

the 1 mV/m contour of one of the FM station(s)?

Yes No N/A
b. the 2 mV/m contour of one of the AM station(s)?
Yes No N/A

If No to either Question 8.a or 8.b, has the Commission made a finding pursuant to Section 310(d) of the Communications Act that the newspaper/broadcast combination is in the public interest?

Yes No

See Explanation in
[Exhibit 16]



Exhibits
Exhibit 1
Description:
PURPOSE OF AMENDMENT

THE PRIMARY PURPOSE OF THIS AMENDMENT IS TO CHANGE THE RESPONSE TO SECTION II, QUESTION 4 FROM 'YES' TO 'NO' AND TO PROVIDE A CORRESPONDING EXHIBIT.

PRIOR TO PREPARING AND FILING THE RENEWAL APPLICATION, SENIOR MANAGEMENT CONFERRED EXTENSIVELY WITH CURRENT LOCAL MANAGEMENT AND REVIEWED RELEVANT FILES, NONE OF WHICH INDICATED ANY EVIDENCE OF A NOTICE OF VIOLATION OR OTHER COMMISSION CORRESPONDENCE SUGGESTING ANY VIOLATION OF FCC RULES DURING THE LICENSE TERM. A SEARCH OF FCC RECORDS BY COMMUNICATIONS COUNSEL PARALEGALS AS PART OF THE RENEWAL PREPARATION PROCESS DID NOT DISCLOSE ANY EVIDENCE OF SUCH MATTERS. HOWEVER, WHEN CLEANING OUT OLD FILES, A NOTICE OF VIOLATION AND A STATION REPONSE WAS FOUND. WE BELIEVE THAT THIS MATTER MAY HAVE ESCAPED NOTICE ORIGINALLY DUE TO A CHANGE IN LOCAL MANAGEMENT THAT OCCURRED SHORTLY AFTER THE TIME OF THE RESPONSE AND SINCE IT DID NOT RESULT IN THE IMPOSITION OF ANY FINE OR OTHER SANCTION. THIS MATTER IS NOW BEING REPORTED AS QUICKLY AS POSSIBLE, PRIOR TO THE COMMENCEMENT OF PROCESSING OF THE RENEWAL APPLICATION AND VERY SHORTLY AFTER COMMENCEMENT OF PUBLIC NOTICE OF THE AVAILABILITY OF THE APPLICATION FOR PUBLIC INSPECTION (IN RESPONSE TO WHICH NO ONE HAS YET ASKED TO SEE THE APPLICATION OR ANY OTHER MATERIAL RELATED TO OUR RENEWAL).

IN PREPARING TO UPLOAD THIS AMENDMENT, WE ALSO NOTICED A PROBLEM WITH THE VERSION OF EXHIBIT 13 (A DEMONSTRATION OF COMPLIANCE WITH RF EXPOSURE GUIDELINES) AND SO WE ARE ALSO PROVIDING A SUBSTITUTE COPY OF THAT EXHIBIT HERE.


Attachment 1


Exhibit 6
Description:
FCC NOTICE OF VIOLATION

ON NOVEMBER 5, 2002, AN OFFICIAL NOTICE OF VIOLATION WAS ISSUED TO STATION KMGX (REF. NO.: EB-02-PO-306). THE NOV STATED THAT DURING AN OCTOBER 24, 2002 INSPECTION THERE WAS NO EVIDENCE OF AN OCTOBER 12, 2002 RETRANSMISSION OF THE REQUIRED MONTHLY EMERGENCY ALERT SYSTEM TEST, NOR AN ENTRY IN THE STATION'S LOG EXPLAINING A FAILURE TO HAVE SENT OR RECEIVED THE TEST SCHEDULED FOR THAT DATE. THE NOV FURTHER FOUND THAT THE STATION HAD FAILED TO POST ITS STATION LICENSE AT THE TRANSMITTER CONTROL POINT. THE LICENSEE'S NOVEMBER 11 RESPONSE NOTED THAT THE STATION LOG FOR THAT DATE HAD BEEN LOCATED AND CONTAINED THE APPROPRIATE ENTRIES FOR RECEIPT AND RETRANSMISSION OF THE OCTOBER 12 EAS TEST AND PROVIDED COPIES OF BOTH THE LOG AND PAPER TAPES CONSTITUTING PROOF OF RECEIPT AND RETRANSMISSION. THE RESPONSE FURTHER NOTED THAT THE CURRENT LICENSE (REFLECTING A FORMER CALL SIGN) IN FACT WAS POSTED AT THE CONTROL POINT, AND ATTACHED A COPY OF BOTH THE LICENSE AND THE AUTHORIZATION FOR THE CALL SIGN CHANGE. NO FURTHER COMMUNICATION WAS RECEIVED FROM THE COMMISSION CONCERNING THESE MATTERS.


Attachment 6


Attachment 15
Description
KMGX RF Exposure compliance