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.

BAPH - 20070719ABI
Section I - General Information
1. Legal Name of the Licensee/Permittee
MUNBILLA BROADCASTING PROPERTIES, LTD.
Mailing Address
5526 HIGHWAY 281 NORTH

City
MARBLE FALLS
State or Country (if foreign address)
TX
Zip Code
78654 -
Telephone Number (include area code)
8306935551
E-Mail Address (if available)
N/A
FCC Registration Number:
0005034806
Call Sign
NEW
Facility ID Number
165377
2. Contact Representative (if other than licensee/permittee)
JOHN JOSEPH MCVEIGH, ESQ.
Firm or Company Name
J.J. MCVEIGH, ATTORNEY AT LAW
Mailing Address
16230 FALLS ROAD
P.O. BOX 128

City
BUTLER
State or Country (if foreign address)
MD
ZIP Code
21023 - 0128
Telephone Number (include area code)
4435075611

E-Mail Address (if available)
KD4VS@COMCAST.NET
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
MUNBILLA BROADCASTING PROPERTIES, LTD.
Mailing Address
5526 HIGHWAY 281 NORTH

City
MARBLE FALLS
State or Country (if foreign address)
TX
Zip Code
78654 -
Telephone Number (include area code)
8306935551
E-Mail Address (if available)

KBRIAN@MAXAGRID.COM
4.
Contact Representative (if other than Assignor/Transferor)
JOHN JOSEPH MCVEIGH, ESQ.
Firm or Company Name
J.J. MCVEIGH, ATTORNEY AT LAW
Mailing Address
16230 FALLS ROAD
P.O. BOX 128

City
BUTLER
State or Country (if foreign address)
MD
Zip Code
21023 - 0128
Telephone Number (include area code)
4435075611

E-Mail Address (if available)
KD4VS@COMCAST.NET
 
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
165377 BNPH- 20060309AAU HUNT TX


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
B. SHANE FOX
Typed or Printed Title of Person Signing
PRESIDENT OF THE SOLE GENERAL PARTNER
Signature
Date
07/18/2007
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
MUNBILLA KERRVILLE, LTD.
Mailing Address
381 CASA LINDA PLAZA
SUITE NO. 347

City
DALLAS
State or Country (if foreign address)
TX
Zip Code
75218 -
Telephone Number (include area code)
9722412110
E-Mail Address (if available)

KBRIAN@MAXAGRID.COM
3.
Contact Representative (if other than Assignee/Transferee)
JOHN JOSEPH MCVEIGH
Firm or Company Name
J.J. MCVEIGH, ATTORNEY AT LAW
Mailing Address
16230 FALLS ROAD
P.O. BOX 128

City
BUTLER
State or Country (if foreign address)
MD
Zip Code
21028 - 0128
Telephone Number (include area code)
4435075611

E-Mail Address (if available)
KD4VS@COMCAST.NET
 
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
B. SHANE FOX
Typed or Printed Title of Person Signing
PRESIDENT OF THE SOLE GENERAL PARTNER
Signature
Date
07/18/2007
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:
STATEMENT RE USE OF FCC FORM 316

THIS APPLICATION PROPOSES THE ASSIGNMENT OF CONSTRUCTION PERMIT BNPH-20060309AAU, NEW(FM), CHANNEL 260C3, HUNT, TEXAS, FCC FACILITY ID NO. 165377, FROM MUNBILLA BROADCASTING PROPERTIES, LTD. ('MBPL') TO MUNBILLA KERRVILLE, LTD. ('MKL').

MBPL IS A TEXAS LIMITED PARTNERSHIP WITH ONE GENERAL PARTNER, MUNBILLA BROADCASTING SERVICES, LLC ('MBSL'), AND ONE LIMITED PARTNER, MUNBILLA DELAWARE HOLDINGS, LLC ('MDHL').

MBSL HOLDS 1% OF THE EQUITY AND 100% OF THE VOTING CONTROL OF MBPL. MDHL HOLDS 99% OF THE EQUITY AND 0% OF THE VOTING CONTROL OF MBPL.

BOTH MBSL AND MBHL ARE, THROUGH THEIR SOLE MEMBER, MUNBILLA BROADCASTING CORPORATION ('MBC'), ULTIMATELY UNDER THE CONTROL OF B. SHANE FOX, THE SOLE SHAREHOLDER, OFFICER, AND DIRECTOR OF MBC.

THE PROPOSED ASSIGNEE, MKL, IS A TEXAS LIMITED PARTNERSHIP WITH ONE GENERAL PARTNER, MBSL, AND ONE LIMITED PARTNER, MDHL.

MBSL HOLDS 1% OF THE EQUITY AND 100% OF THE VOTING CONTROL OF MKL. MDHL HOLDS 99% OF THE EQUITY AND 0% OF THE VOTING CONTROL OF MKL.

THUS, ALTHOUGH MKL IS A LEGALLY DISTINCT ENTITY FROM THE PRESENT PERMITTEE, MBPL, THE OWNERSHIP STRUCTURE OF MKL IS IDENTICAL TO THAT OF MBPL. THE TWO ENTITIES ARE, THROUGH INTERMEDIATE ENTITIES MBSL, MDHL, AND MBC, UNDER THE COMMON, ULTIMATE CONTROL OF B. SHANE FOX.

ACCORDINGLY, THE PROPOSED ASSIGNMENT IS PRO FORMA IN NATURE, AND SECTION 73.3540(F)(4) EXPLICITLY ALLOWS THE USE OF FCC FORM 316 AS THE MEANS OF SEEKING PRIOR FCC CONSENT THERETO.


Attachment 2


Exhibit 5
Description:
STATEMENT RE TRANSACTIONAL DOCUMENTS

COPIES OF THE TRANSACTIONAL DOCUMENTS FORM THE ATTACHMENT TO THIS EXHIBIT.

THE PROPOSED ASSIGNMENT WILL INVOLVE ENTITIES THAT ARE UNDER COMMON CONTROL. IT IS OF A PRO FORMA NATURE, TO BE A PRO-RATA DISTRIBUTION OF AN UNDIVIDED INTEREST IN THE ASSETS OF MUNBILLA BROADCAST PROPERTIES, LTD. ('MBPL'), THE PROPOSED ASSIGNOR, BACK TO MBPL'S SOLE LIMITED PARTNER, MUNBILLA DELAWARE HOLDINGS, LLC ('MDHL'), AND MBPL'S SOLE GENERAL PARTNER, MUNBILLA BROADCASTING SERVICES, LLC ('MBSL'), AND A CAPITAL CONTRIBUTION THEREOF BY MDHL AND MBSL TO THE PROPOSED ASSIGNEE, MUNBILLA KERRVILLE, LTD. ('MKL'). MDHL IS THE SOLE LIMITED PARTNER OF MKL, AND MBSL IS THE SOLE GENERAL PARTNER OF MKL. THERE IS NO FINANCIAL PAYMENT BY MKL TO MBPL IN CONSIDERATION OF THE PROPOSED ASSIGNMENT.

Attachment 5
Description
Munbilla Kerrville, Ltd. Transactional Documents


Exhibit 12
Description:
STATEMENT RE CHANGES IN INTERESTS

PLEASE SEE THE ATTACHMENT TO THIS EXHIBIT.

Attachment 12
Description
Table Depicting Changes in Interests as a Result of the Proposed Assignment


Exhibit 14
Description:
STATEMENT RE OTHER MEDIA INTERESTS

THE PROPOSED ASSIGNEE'S SOLE GENERAL PARTNER AND SOLE LIMITED PARTNER ARE ALSO THE SOLE GENERAL PARTNER AND THE SOLE LIMITED PARTNER, RESPECTIVELY, OF THE PROPOSED ASSIGNOR, MUNBILLA BROADCASTING PROPERTIES, LTD. ('MBPL').

MBPL IS THE LICENSEE OF THE FOLLOWING RADIO STATIONS:

-- KBEY(FM), FCC FACILITY ID NO. 40764, CHANNEL 223A, BURNET, TEXAS;

-- KHLE(FM), FCC FACILITY ID NO. 34948, CHANNEL 295A, BURNET, TEXAS;

-- KRHC(AM), FCC FACILITY ID NO. 34949, 1340 KHZ, BURNET, TEXAS; AND

-- KHLB(FM), FCC FACILITY ID NO. 83109, CHANNEL 273C2, MASON, TEXAS.


MBPL IS ALSO THE PERMITTEE OF THE FOLLOWING OTHER UNBUILT RADIO STATIONS:

-- NEW(FM), FCC FACILITY ID NO. 170992, CHANNEL 269C3, MASON, TEXAS;
AND

-- NEW(FM), FCC FACILITY ID NO. BNPH-20060309AAT, CHANNEL 259A, MASON, TEXAS.


MBPL IS ALSO THE APPLICANT FOR AN INITIAL CONSTRUCTION PERMIT FOR THE FOLLOWING NEW COMMERCIAL FM RADIO STATION:

-- NEW(FM), FCC FILE NO. BNPH-20070430CFO, FCC FACILITY ID NO. 170991, CHANNEL 299A, HAMILTON, TEXAS.


MBPL IS SIMULTANEOUSLY FILING AN FCC FORM 316 APPLICATION SEEKING THE COMMISSION'S CONSENT TO A PRO FORMA ASSIGNMENT OF THE LICENSE OF RADIO STATION KHLE, FCC FACILITY ID NO. 34948, CHANNEL 295A, BURNET, TEXAS, TO AN ENTITY NAMED MUNBILLA FORT HOOD, LTD. ('MFHL'). THE OWNERSHIP STRUCTURE OF MFHL IS IDENTICAL TO THAT OF MBPL AND OF THE PROPOSED ASSIGNEE, MHL.

Attachment 14


Exhibit 15
Description:
STATEMENT RE LONG-FORM APPLICATION

THE COMMISSION GRANTED CONSTRUCTION PERMIT BNPH-20060309AAU TO MUNBILLA BROADCASTING PROPERTIES, LTD. ('MBPL') UPON COMPLETION OF THE STAFF'S REVIEW OF THE FCC FORM 301 OF THE SAME FILE NUMBER. AS DESCRIBED IN EXHIBIT 2, MBPL AND MUNBILLA KERRVILLE, LTD., ARE UNDER THE COMMON, ULTIMATE CONTROL OF B. SHANE FOX.

Attachment 15