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 - 20051107AEJ
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
BROADCO OF TEXAS, INC.
Mailing Address
1421 NW GREAT PLAINS BOULEVARD
SUITE C

City
LAWTON
State or Country (if foreign address)
OK
ZIP Code
73505 - 2843
Telephone Number (include area code)
5805369530
E-Mail Address (if available) 
GM@KMGZ.COM
FCC Registration Number:
0001651843
Facility ID Number
7097
Call Sign 
KMGZ
2. Contact Representative
DENNIS YELTON
Firm or Company Name
BROADCO OF TEXAS, INC.
Mailing Address
1421 NW GREAT PLAINS BOULEVARD
SUITE C
City
LAWTON
State or Country (if foreign address)
OK
Zip Code
73505 - 2843
Telephone Number (include area code)
5805369530
E-Mail Address (if available)
GM@KMGZ.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: LAWTON State : OK
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
DENNIS R. YELTON
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
11/07/2005
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 : B396 - 20050128AGL

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:
EXHIBIT 1 - WAIVER REQUEST

THIS APPLICATION INCLUDES A REQUEST FOR WAIVER OF SECTION 73.3539(A) OF THE COMMISSION'S RULES TO ACCEPT THIS APPLICATION, WHICH IS BEING FILED AFTER THE DEADLINE FOR LICENSE RENEWAL APPLICATIONS SET FORTH IN THE RULE. STATION KMGZ IS LOCATED IN LAWTON, OKLAHOMA, MAKING ITS LICENSE RENEWAL FILING DEADLINE FEBRUARY 1, 2005 (THE FIRST DAY OF THE FOURTH FULL CALENDAR MONTH PRIOR TO THE EXPIRATION DATE OF THE LICENSE - JUNE 1, 2005). ON JANUARY 28, 2005, AT 1:15 P.M., THE LICENSEE SUBMITTED TO THE COMMISSION A FORM 303-S APPLICATION FOR RENEWAL OF BROADCAST STATION LICENSE. THE APPLICATION WAS ASSIGNED ARN NO. 20050128AGR. A COPY OF THE LICENSEE'S CDBS ACCOUNT SHOWING THAT APPLICATION AS 'READY' IS ATTACHED. ALSO SHOWN IN THIS ATTACHMENT ARE THE FCC FORMS 396 (BROADCAST EQUAL EMPLOYMENT OPPORTUNITY PROGRAM REPORT) AND 323 (OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS) THAT THE LICENSEE FILED ON JANUARY 28, 2005 AND JANUARY 24, 2005, RESPECTIVELY. ALL OF THESE SUBMISSIONS WERE MADE BY THE LICENSEE'S PRESIDENT, DENNIS YELTON.

FOR SOME REASON, MR. YELTON DID NOT, APPARENTLY, SUBMIT THE FEE PAYMENT FOR THE LICENSE RENEWAL APPLICATION. AT THIS TIME HE HAS NO RECOLLECTION WHY THE FEE WAS NOT SUBMITTED OTHER THAN IT WAS AN OVERSIGHT WHICH HE DID NOT REALIZE AT THAT TIME OR ANY TIME SUBSEQUENTLY. LATE ON FRIDAY, NOVEMBER 4, 2005, MR. YELTON INQUIRED OF BROADCO'S COUNSEL ABOUT THE STATUS OF THE KMGZ RENEWAL APPLICATION, SINCE HE HAD NOT RECEIVED ANYTHING FROM THE COMMISSION AND BELIEVING THAT HE HAD PROPERLY FILED THE APPLICATION. COUNSEL DISCOVERED THAT THE APPLICATION APPEARED AS 'READY' IN THE CDBS SYSTEM, NOT 'FILED,' AND REPORTED THIS TO MR. YELTON, ALSO INQUIRING IF MR. YELTON HAD A PRINTED RECEIPT CONFIRMING THAT HE HAD PAID THE APPLICATION FILING FEE. AFTER SEARCHING HIS RECORDS, MR. YELTON TODAY (MONDAY, NOVEMBER 7) FOUND THAT HE WAS UNABLE TO FIND SUCH A RECEIPT OR OTHER RECORD OF THE FEE PAYMENT, AND HAS NO CURRENT RECOLLECTION THAT THE FEE WAS PAID. (AT NO TIME DID THE LICENSEE EVER RECEIVE A NOTICE FROM THE COMMISSION THAT IT HAD NOT TIMELY SUBMITTED THE RENEWAL APPLICATION FILING FEE OR THAT THE COMMISSION WAS RETURNING OR DISMISSING THE SUBMITTED APPLICATION BECAUSE IT HAD NOT RECEIVED THE FEE.)

THIS APPLICATION AND WAIVER REQUEST ARE BEING PREPARED AND SUBMITTED TO THE COMMISSION AS SOON AS POSSIBLE FOLLOWING THESE EVENTS. THE LICENSEE BELIEVES THAT GOOD CAUSE EXISTS TO WAIVE THE APPLICATION FILING DEADLINE IN SECTION 73.3539(A) AND ACCEPT THIS APPLICATION. ALL STEPS REQUIRED TO COMPLETE THE RENEWAL PROCESS WERE UNDERTAKEN, INCLUDING THE PREPARATION AND FILING OF THE EEO REPORT (FORM 396), OWNERSHIP REPORT (FORM 323) AND THE CDBS SYSTEM SUBMISSION OF THE RENEWAL APPLICATION (FORM 303-S). THE LICENSEE ALSO COMPLETED THE PRE AND POST-FILING PUBLIC NOTICE ANNOUNCEMENTS REGARDING THE LICENSE RENEWAL PROCESS PURSUANT TO SECTION 73.3580 OF THE RULES. THE ONLY ERROR WAS THE FAILURE TO TIMELY SUBMIT THE FILING FEE FOR THE RENEWAL APPLICATION. WHILE THE LICENSEE RECOGNIZES THIS WAS A FUNDAMENTAL ERROR, IT WAS NOT INTENTIONAL AND THE LICENSEE HAS MOVED AS QUICKLY AS POSSIBLE AFTER DISCOVERING THE ERROR TO RE-SUBMIT THE RENEWAL APPLICATION AND PAY THE FILING FEE.

Attachment 1
Description
CDBS Account Information