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.

BALH - 20071113AEB
Section I - General Information
1. Legal Name of the Licensee/Permittee
TERRY A. COWAN
Mailing Address
P.O. BOX 7408

City
BEND
State or Country (if foreign address)
OR
Zip Code
97708 -
Telephone Number (include area code)
5413898873
E-Mail Address (if available)
KNLR@COINET.COM
FCC Registration Number:
0003800976
Call Sign
KNLR
Facility ID Number
65261
2. Contact Representative (if other than licensee/permittee)
WILLIAM D. SILVA
Firm or Company Name
LAW OFFICES OF WILLIAM D. SILVA
Mailing Address
5335 WISCONSIN AVE., N.W.
SUITE 400

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20015 - 2003
Telephone Number (include area code)
2023621711

E-Mail Address (if available)
BILL@LUSELAW.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 AMENDMENT
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
TERRY A. COWAN
Mailing Address
P.O. BOX 7408

City
BEND
State or Country (if foreign address)
OR
Zip Code
97708 -
Telephone Number (include area code)
5413898873
E-Mail Address (if available)

KNLR@COINET.COM
4.
Contact Representative (if other than Assignor/Transferor)
WILLIAM D.S SILVA
Firm or Company Name
LAW OFFICES OF WILLIAM D. SILVA
Mailing Address
5335 WISCONSIN AVE., N.W.
SUITE 400

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20015 - 2003
Telephone Number (include area code)
2023621711

E-Mail Address (if available)
BILL@LUSELAW.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
65261 KNLR - BEND OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
65260 K240CG - PRINEVILLE OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
24672 K277BH - MADRAS OR


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
TERRY COWAN
Typed or Printed Title of Person Signing
LICENSEE/ASSIGNOR
Signature
Date
11/16/2007
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
COWAN BROADCASTING LLC
Mailing Address
P.O. BOX 7408

City
BAND
State or Country (if foreign address)
OR
Zip Code
97708 -
Telephone Number (include area code)
5413898873
E-Mail Address (if available)

KNLR@COINET.COM
3.
Contact Representative (if other than Assignee/Transferee)
WILLIAM D. SILVA
Firm or Company Name
LAW OFFICES OF WILLIAM D. SILVA
Mailing Address
5335 WISCONSIN AVE., N.W.
SUITE 400

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20015 - 2003
Telephone Number (include area code)
2023621711

E-Mail Address (if available)
BILL@LUSELAW.COM
 
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]

Changes in Interests as a Result of Assignment/Transfer

(A) NAMES AND ADDRESSES OF ANY PARTY TO APPLICATION HOLDING AN ATTRIBUTABLE INTEREST
(B)
CITIZENSHIP
INTEREST HELD
(C) BEFORE TRANSFER OR ASSIGNMENT
(D) AFTER TRANSFER OR ASSIGNMENT
(1) Percentage Vote
(2) PercentageTotal Assets

(Equity plus Debt)

(1) Percentage Votes
(2) PercentageTotal Assets

(Equity plus Debt)

TERRY A. COWAN, P.O. BOX 7408, BEND, OR 97708 US 100 100 51 51

(A) NAMES AND ADDRESSES OF ANY PARTY TO APPLICATION HOLDING AN ATTRIBUTABLE INTEREST
(B)
CITIZENSHIP
INTEREST HELD
(C) BEFORE TRANSFER OR ASSIGNMENT
(D) AFTER TRANSFER OR ASSIGNMENT
(1) Percentage Vote
(2) PercentageTotal Assets

(Equity plus Debt)

(1) Percentage Votes
(2) PercentageTotal Assets

(Equity plus Debt)

KAREN M. COWAN, P.O. BOX 7408, BEND, OR 97708 US 0 0 49 49


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
TERRY A. COWAN
Typed or Printed Title of Person Signing
TRUSTEE
Signature
Date
11/16/2007
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 1
Description:
PORTIONS OF PENDING APPLICATION AMENDED

THIS AMENDMENT PROVIDES ADDITIONAL INFORMATION REGARDING THE NATURE OF THIS TRANSACTION AND THE BASIS FOR USE OF THE FORM 316. THUS, EXHIBIT 2 IS AMENDED TO TO SHOW THAT MR. COWAN WILL RETAIN CONTROL OF THE ASSIGNEE, COWAN BROADCASTING LLC, AS THE TRUSTEE OF THE TERRY A. COWAN REVOCABLE TRUST. LIKEWISE, EXHIBIT 4 IS AMENDED TO DESCRIBE THE TRUST AND ITS ROLE IN MR. AND MRS. COWAN'S ESTATE PLANNING. SECTION III, QUESTION 5 IS ALSO AMENDED WITH THE ADDITION OF EXHIBIT 10 TO SHOW THAT MR. COWAN'S 51% CONTROLLING INTEREST IN THE ASSIGNEE, COWAN BROADCASTING LLC, IS HELD IN HIS CAPACITY AS TRUSTEE OF THE TERRY A. COWAN REVOCABLE TRUST AND MRS. COWAN'S INTEREST IN THE ASIGNEE IS HELD IN HER CAPACITY AS TRUSTEE OF THE KAREN M. COWAN REVOCABLE TRUST.

Attachment 1


Exhibit 2
Description:
USE OF FORM 316

THIS TRANSACTION INVOLVES THE ASSIGNMENT FROM AN INDIVIDUAL LICENSEE, TERRY A COWAN, TO AN LLC IN WHICH MR. COWAN WILL RETAIN A 51% INTEREST AND CONTROL OF THE LICENSEE ENTITY AS THE TRUSTEE OF THE TERRY A. COWAN REVOCABLE TRUST. THE 49% INTEREST WILL BE CONTROLLED BY MR. COWAN'S WIFE, KAREN M. COWAN, AS THE TRUSTEE OF THE KAREN M. COWAN REVOCABLE TRUST. THIS TRANSACTION IS, THUS, PROPERLY FILED ON AN FCC FORM 316. MULTIMEDIA, INC., 98 FCC 2D 300, RECONSIDERATION DENIED, 56 RR 2D 1198 (1984).

Attachment 2


Exhibit 5
Description:
AGREEMENT FOR ASSIGNMENT

THERE IS NO WRITTEN AGREEMENT SETTING FORTH THE TERMS OF THIS ASSIGNMENT AND THERE IS NO CONSIDERATION PER SE. RATHER, THIS TRANSACTION IS PART OF THE ESTATE PLANNING OF MR. AND MRS. COWAN, HUSBAND AND WIFE, AND INVOLVES THE ASSIGNMENT OF THESE LICENSES FROM MR. COWAN, AS AN INDIVIDUAL, TO COWAN BROADCASTING LLC, A LIMITED LIABILITY COMPANY IN WHICH MR. COWAN RETAINS A 51% INTEREST AND CONTROL OF THE LICENSEE ENTITY IN HIS CAPACITY AS TRUSTEE OF THE TERRY A. COWAN REVOCABLE TRUST. MRS. COWAN'S 49% INTEREST IN THE ASSIGNEE WILL BE HELD AS TRUSTEE OF THE KAREN M. COWAN REVOCABLE TRUST. THUS, UNDER THE TRUST AGREEMENTS, ALL OF MR. AND MRS. COWAN'S ASSETS, INCLUDING THEIR RESPECTIVE 51% AND 49% INTEREST IN COWAN BROADCASTING LLC ARE HELD BY THE TRUST, BUT CONTROLLED BY THE TRUSTEE OF EACH.

Attachment 5


Exhibit 11
Description:
AGREEMENTS

SEE EXHIBIT 4, SUPRA.

Attachment 11


Exhibit 12
Description:
CHANGES IN INTEREST AS A RESULT OF THE ASSIGNMENT

PRIOR TO THE ASSIGNMENT, THE LICENSEE WAS TERRY A. COWAN, AN INDIVIDUAL, WHO CONTROLLED 100% OF THE LICENSEE. FOR ESTATE PLANNING PURPOSES, MR. COWAN TOOK TWO STEPS. FIRST, HE FORMED COWAN BROADCASTING LLC, IN WHICH HE RETAINED A 51% INTEREST, TO BECOME THE LICENSEE. SECOND, HE ESTABLISHED THE TERRY A. COWAN REVOCABLE TRUST TO WHICH HE TRANSFERRED ALL OF HIS ASSETS INCLUDING HIS 51% INTEREST IN COWAN BROADCASTING LLC. MR. COWAN IS THE TRUSTEE OF THIS TRUST AND HAS CONTROL OF ALL OF ITS ASSETS. AS A RESULT OF THESE TRANSACTIONS, MR. COWAN WILL RETAIN CONTROL OF THE LICENSEE, AS TRUSTEE OF THE TERRY A. COWAN REVOCABLE TRUST, WHICH WILL HAVE A 51% INTEREST IN THE ASSIGNEE, COWAN BROADCASTING LLC. THE 49% INTEREST IN THE ASSIGNEE WILL BE HELD BY KAREN M. COWAN, AS TRUSTEE OF THE KAREN M. COWAN REVOCABLE TRUST. BOTH MR. AND MRS. COWAN ARE US CITIZENS.   

Attachment 12


Exhibit 14
Description:
OTHER AUTHORIZATIONS

MR. AND MRS COWAN AND COWAN BROADCASTING LLC HAVE NO OTHER BROADCAST INTERESTS.

Attachment 14


Exhibit 15
Description:
QUALIFICATIONS OF TERRY A. COWAN

TERRY A. COWAN WAS AWARDED THE CONSTRUCTION PERMIT FOR STATION KNLR ON AUGSUT 30, 1983 (FILE NO. BPH-19820305BE) AND HIS QUALIFICATIONS WERE FULLY CONSIDERED IN CONNECTION WITH THAT APPLICATION.

Attachment 15