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 - 20080201ADO
Section I - General Information
1. Legal Name of the Licensee/Permittee
CORNELL RADIO GUILD, INC.
Mailing Address
957B MITCHELL ST.

City
ITHACA
State or Country (if foreign address)
NY
Zip Code
14850 - 4936
Telephone Number (include area code)
6072734000
E-Mail Address (if available)
GENERALMANAGER@WVBR.COM
FCC Registration Number:
0003783214
Call Sign
WVBR-FM
Facility ID Number
13909
2. Contact Representative (if other than licensee/permittee)
PETER TANNENWALD
Firm or Company Name
FLETCHER, HEALD & HILDRETH, P.L.C.
Mailing Address
1300 NORTH 17TH STREET
11TH FLOOR

City
ARLINGTON
State or Country (if foreign address)
VA
ZIP Code
22209 -
Telephone Number (include area code)
7038120400

E-Mail Address (if available)
TANNENWALD@FHHLAW.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
OLD BOARD OF DIRECTORS-CORNELL RADIO GUILD, INC.
Mailing Address
957B MITCHELL ST.

City
ITHACA
State or Country (if foreign address)
NY
Zip Code
14850 - 4936
Telephone Number (include area code)
6072734000
E-Mail Address (if available)

GENERALMANAGER@WVBR.COM
4.
Contact Representative (if other than Assignor/Transferor)
PETER TANNENWALD
Firm or Company Name
FLETCHER, HEALD & HILDRETH, P.L.C.
Mailing Address
1300 NORTH 17TH STREET
11TH FLOOR

City
ARLINGTON
State or Country (if foreign address)
VA
Zip Code
22209 -
Telephone Number (include area code)
7038120400

E-Mail Address (if available)
TANNENWALD@FHHLAW.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
13909 WVBR-FM - ITHACA NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
13910 W288AS - ITHACA NY


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
JORDAN GREMLI
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
01/31/2008
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
NEW BOARD OF DIRECTORS-CORNELL RADIO GUILD, INC.
Mailing Address
957B MITCHELL ST.

City
ITHACA
State or Country (if foreign address)
NY
Zip Code
14850 - 4936
Telephone Number (include area code)
6072734000
E-Mail Address (if available)

GENERALMANAGER@WVBR.COM
3.
Contact Representative (if other than Assignee/Transferee)
PETER TANNENWALD
Firm or Company Name
FLETCHER, HEALD & HILDRETH, P.L.C.
Mailing Address
1300 NORTH 17TH STREET
11TH FLOOR

City
ARLINGTON
State or Country (if foreign address)
VA
Zip Code
22209 -
Telephone Number (include area code)
7038120400

E-Mail Address (if available)
TANNENWALD@FHHLAW.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]


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
JORDAN GREMLI
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
01/31/2008
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

ALTHOUGH WVBR-FM IS A COMMERCIAL BROADCAST STATION, THE LICENSEE, CORNELL RADIO GUILD, INC. (THE 'GUILD'), IS A NON-PROFIT, TAX-EXEMPT CORPORATION THAT HAS NO STOCKHOLDERS. THIS CIRCUMSTANCE ARISES FROM THE FACT THAT THE PRIMARY OBJECTIVE OF THE GUILD IS TO OPERATE WVBR-FM AS AN EDUCATIONAL WORKSHOP TO TRAIN STUDENTS ENROLLED AT CORNELL UNIVERSITY IN RADIO BROADCASTING AND RELATED AREAS. THE STATION IS STAFFED AND MANAGED PRIMARILY BY VOLUNTEER CORNELL STUDENTS. THE GUILD OPERATES A COMMERCIAL, RATHER THAN A NONCOMMERCIAL, STATION BECAUSE IT BELIEVES THAT LEARNING TO MANAGE A SELF-SUPPORTING BUSINESS, INCLUDING THE SALE OF ADVERTISING, IS AN INTEGRAL PART OF ITS TRAINING MISSION.

THE GUILD HAS NO STOCKHOLDERS, AND NO PARTICIPANT AT THE STATION RECEIVES ANY COMPENSATION OTHER THAN TRADITIONAL ADVERTISING SALES COMMISSIONS. AS THERE ARE NO STOCKHOLDERS, THE LOCUS OF 'CONTROL' MUST BE FOUND TO BE IN THE BOARD OF DIRECTORS.

THE BOARD OF DIRECTORS IS MADE UP OF ALUMNI/AE AND OTHER INTERESTED PARTIES WHO ARE WILLING TO LEND THEIR EXPERTISE TO THE STUDENTS MANAGING THE STATION. THE DIRECTORS CHANGE FROM TIME TO TIME, AS INDIVIDUAL BOARD MEMBERS WITHDRAW, AND THE STUDENTS SEEK OUT AND FIND REPLACEMENTS. ONE DIRECTOR IS A STUDENT, THE GENERAL MANAGER OF THE RADIO STATION, AND ELECTED ANNUALLY.

THE LICENSEE DOES NOT BELIEVE THAT TRUE 'CONTROL' OF THE GUILD EVER CHANGES, BECAUSE THE GUILD HAS ALWAYS MAINTAINED ITS CENTRAL PURPOSE OF TRAINING STUDENTS. HOWEVER, THE COMMISSION HAS DETERMINED THAT A GRADUAL CHANGE IN THE BOARD OF DIRECTORS OF A NON-PROFIT ENTITY SUCH AS THE GUILD IS DEEMED A TRANSFER REQUIRING ADVANCE APPROVAL.

THE FCC PREVIOUSLY GRANTED THE GUILD'S 2005 APPLICATION, BTCH-20050406ACC, REFLECTING A GRADUAL CHANGE OF MORE THAN HALF OF THE BOARD. OVER THE NEARLY THREE YEARS SINCE THAT APPLICATION, THE GUILD HAS SEEN ANOTHER GRADUAL TURNOVER OF MORE THAN 50%, SO THE INSTANT APPLICATION IS BEING FILED TO OBTAIN CONSENT FOR THAT TURNOVER.


Attachment 2


Exhibit 5
Description:
AGREEMENT

THIS QUESTION IS ANSWERED 'YES' BECAUSE CDBS WILL NOT VALIDATE THE APPLICATION WITHOUT A 'YES' ANSWER TO EITHER QUESTION 6A OR 6B. HOWEVER, BECAUSE THIS APPLICATION INVOLVES A GRADUAL TUROVER IN THE BOARD OF DIRECTORS OF A NON-PROFIT ENTITY WITH NO STOCKHOLDERS, THERE IS NO CONTRACT OR OTHER FORMAL AGREEMENT BETWEEN THE TRANSFEROR AND TRANSFEREE. THE ONLY DOCUMENTATION OF THE CHANGE IS MINUTES OF THE VARIOUS BOARD MEETINGS WHERE VOTES WERE TAKEN TO ELECT NEW DIRECTORS, AND THOSE MINUTES ARE INTERNAL CORPORATE DOCUMENTS THAT ARE NOT IN THE PUBLIC FILE.


Attachment 5


Exhibit 11
Description:
AGREEMENT

SEE EXPLANATION IN EXHIBIT 4.

Attachment 11


Exhibit 12
Description:
CHANGES IN INTEREST

THE BOARD OF DIRECTORS APPROVED IN 2005 WAS:

RICHARD J. GALATI, PRESIDENT AND DIRECTOR (STUDENT)
SCOTT DAVIS
LINDA GRACE-KOBAS
JOSHUA BLACKLER
LAWRENCE EPSTEIN
STEVEN MARX
MICHAEL A. GREENBERG
JAMES SHANAHAN
MATTHEW TODARO
DANIEL KURNOS
MARY TOMLAN

THE STUDENT WHO SERVES AS PRESIDENT AND A DIRECTOR IS ELECTED ONCE EACH YEAR.

THE NEW DIRECTORS (WITH THE YEAR EACH WAS FIRST ELECTED) ARE:

JORDAN D. GREMLI, 305 EDDY ST. APT. 8, ITHACA, NY 14850, PRESIDENT, DIRECTOR (2007) (STUDENT)

SCOTT DAVIS, 301 SAYBROOK RD., VILLANOVA, PA 19085 (2004)

LINDA GRACE-KOBAS, 2 EVERGREEN LAKE, ITHACA, NY 14850 (2004)

LAWRENCE EPSTEIN, 21 LANDING LAKE, PRINCETON JUNCTION, NH 08550 (1998)

STEVEN MARX, 4423 CULBREATH AVE., TAMPA, FL 33609 (2004)

MICHAEL A. GREENBERG, 9748 SUNSET HILL PLACE, LONE TREE, CO 80124 (2000)

DANIEL KURNOS, 407 COLLEGE AVE., ITHACA, NY 14850 (2005)

WARREN KURTZMAN, 308 GRETTON PLACE RALEIGH, NC 27615 (2006)

DOUG LEVINE, 8 HUNTERS LANE ITHACA, NY 14850 (2006)

PATRICK LYONS, 47 DAVIS RD. PORT WASHINGTON, NY 11050 (2006)

PETER SCHACKNOW, 7 LONGWOOD DR., SOUTH HUNTINGTON, NY 11746 (2007)

DANIEL A. ZARROW, 228B MEWS HALL, CORNELL UNIV., ITHACA, NY 14853 (2006)

EACH DIRECTOR IS A US CITIZEN. EXCEPT FOR THE STUDENT DIRECTOR, WHO IS NON-VOTING, EACH DIRECTOR HOLDS A 9.09% VOTING INTEREST AND ZERO EQUITY INTEREST.

Attachment 12


Exhibit 15
Description:
LONG FORM APPROVAL

CORNELL RADIO GUILD, INC. WAS THE ORIGINAL LICENSEE OF WVBR-FM NEARLY 50 YEARS AGO. AS INDICATED IN EXHIBIT 2, THE BOARD OF DIRECTORS CHANGES OVER TIME. NONE OF THE EXISTING DIRECTORS WAS A DIRECTOR AT THE TIME OF INITIAL AUTHORIZATION, BUT THAT IS NOT A DISQUALIFYING CIRCUMSTANCE BECAUSE THE LICENSEE IS A NON-PROFIT, TAX-EXEMPT ENTITY WITH NO STOCKHOLDERS.

Attachment 15