1. |
Certification. Licensee/permittee 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. |
Authorizations to be Assigned. List the authorized stations and construction permits to be assigned. 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. 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 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 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
|
78448 |
KFKX
|
-
|
HASTINGS |
NE |
|
|
3. |
Agreements to Transfer Control of Station. Licensee/permittee certifies that:
a. |
it has placed in its public inspection file(s) and submitted an an exhibit to this item copies of all agreements to transfer control of the station(s); |
b. |
these documents embody the complete and final understanding between transferor(s) and transferee(s); and |
c. |
these agreements comply fully with the Commission's rules and policies. |
Exhibit Required |
Yes No
See Explanation in
[Exhibit 7]
|
4. |
Other Authorizations. List call signs, locations and facility identifiers of all other broadcast stations in which licensee/permittee or any party to the application has an attributable interest. |
N/A
[Exhibit 8]
|
5. |
Character Issues. Licensee/permittee 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 9]
|
6. |
Adverse Findings. Licensee/permittee certifies that, with respect to the licensee/permittee 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 10]
|
7. |
Local Public Notice. Licensee/permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. |
Yes No |
8. |
Auction Authorization. Licensee/permittee 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 11]
|
9. |
Anti-Drug Abuse Act Certification. Licensee/permittee 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 |
10. |
Anti-Discrimination Certification. Licensee/permittee certifies that neither licensee/permittee nor any party to the application have violated the Commission's prohibition against discrimination on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations. |
Yes No
N/A
See Explanation in
[Exhibit 12]
|
1. |
Certification. Transferee(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferee(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) 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 Transferee(s)
HASTINGS COLLEGE (NEW BOARD OF TRUSTEES)
|
Mailing Address
710 N. TURNER AVE.
|
City
HASTINGS |
State or Country (if foreign address)
NE |
Zip Code
68901 - 7621 |
Telephone Number (include area code)
4024617367 |
E-Mail Address (if available)
SBROOKS@HASTINGS.EDU |
|
3. |
Contact Representative (if other than transferee)
SHARON BEHL BROOKS
|
Firm or Company Name
HASTINGS COLLEGE
|
Mailing Address
710 TURNER AVE.
|
City
HASTINGS |
State or Country (if foreign address)
NE |
Zip Code
68901 - 7621 |
Telephone Number (include area code)
4024617367
|
E-Mail Address (if available)
SBROOKS@HASTINGS.EDU
|
|
If more than one transferee, submit the information requested in questions 2 and 3 for each transferee. |
[Exhibit 13] |
4. |
Nature of Applicant. Each transferee is:
an individual |
a general partnership |
a for-profit corporation |
a limited partnership |
a not-for-profit corporation |
a limited liability company (LLC/LC) |
other |
|
|
|
a. If "other", describe nature of transferee in an Exhibit. |
[Exhibit 14] |
5. |
Agreements to Transfer Control of Station. Transferee certifies that:
a. |
the written agreements in the licensee/permittee's public inspection file and submitted to the Commission embody the complete and final agreement to transfer control of the station(s) specified in Section III, question 2; and |
b. |
these agreements comply fully with the Commission's rules and policies. |
|
Yes No
[Exhibit 15] |
6. |
Parties to the Application.
a. |
List each transferee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in any transferee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary. |
(1) |
Name and address of the transferee and each party to the application holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the transferee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners. |
(2) |
Citizenship. |
(3) |
Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc. |
(4) |
Percentage of votes. |
(5) |
Percentage of total assets (equity plus debt). |
|
[Enter Parties/Owners Information]
6a. Parties to the Application
List each transferee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in any transferee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. |
(1) Name and address of the transferee and each party to the application holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the transferee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
(2) Citizenship.
(3) Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
(4) Percentage of votes.
(5) Percentage of total assets (equity plus debt). |
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
HAROLD E. DITTMER PRESIDENT, WELLHEAD ELECTRIC COMPANY 650 BERCUT, SUITE C, SACRAMENTO, CALIFORNIA 95814
|
US
|
CHAIRMAN OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
KRISTIN M. ALLEN 151 EAST 58TH STREET, APT. 49C NEW YORK, NEW YORK 10022 MANAGING DIRECTOR AND VICE CHAIR OF INVESTMENT BANKING AT CREDIT SUISSE
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
WILLIAM C. BARRETT 23654 OAK VALLEY ROAD CUPERTINO, CALIFORNIA 95014-6554 VICE PRESIDENT OF TAX AND TRADE, APPLIED MATERIALS
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
ANNE BATCHELDER 6875 STATE STREET OMAHA, NEBRASKA 68152 SECRETARY, UNITED STATES CHECKBOOK COMPANY
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
GALE BEIROW 6001 PHEASANT RUN AVE., HASTINGS, NEBRASKA 68901 PRESIDENT, HASTINGS IRRIGATION PIPE COMPANY
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
DAVID BURKHOLDER P.O. BOX 88 COZAD, NEBRASKA 69130 PRESIDENT, NEBRASKA FARM PRODUCTS, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
BRAD CHAPMAN 1000 KIEWIT PLAZA, OMAHA, NEBRASKA 68131 VICE PRESIDENT, PETER KIEWIT SONS', INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
JAMES C. CREIGH WEST CORPORATION 1529 N. 129TH CIRCLE OMAHA NEBRASKA 68154 VICE PRESIDENT, STRATEGIC BUSINESS DEVELOPMENT, COPORATE AND TRANSACTIONAL LAWYER
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
J.T. DAUGHERTY 13801 FNB PARKWAY, SUITE 101, OMAHA, NEBRASKA 68154 PRESIDENT, THE DAUGHERTY FOUNDATION
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
LYLE C. FLEHARTY 790 E. LOCHLAND RD., HASTINGS, NEBRASKA 68901 SELF-EMPLOYED INVESTOR
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
ROBERT L. GOTTSCH 1831 E. SOUTH ST., HASTINGS, NEBRASKA 68901 PRESIDENT, GOTTSCH ENTERPRISES, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
BRUCE GULLIVER 1800 SW 1ST AVE., SUITE 515, PORTLAND, OREGON 97201 EXECUTIVE VICE-PRESIDENT, FAIRWAY ASSET MANAGEMENT
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
CHARLES HAGEL 920 TOWLSTON ROAD MCLEAN, VA 22102 FORMER UNITED STATES SENATOR, NEBRASKA
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
DONALD E. JACKSON 233 SOUTH WACKER DRIVE, SUITE 2400, CHICAGO, ILLINOIS 60606 CHIEF OPERATING OFFICER, EASTER SEALS, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
CALVIN R. JOHNSON 2727 WEST 2ND STREET, SUITE 221 HASTINGS, NEBRASKA 68901 PRESIDENT, JOHNSON IMPERIAL HOMES, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
WILLIAM W. MARSHALL III 2015 N. BROADWELL AVE., GRAND ISLAND, NEBRASKA 68802-1507 CHAIRMAN/PRESIDENT OF FIVE POINTS BANK
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
JESSICA A MEESKE 601 N. ST. JOSEPH AVENUE HASTINGS, NEBRASKA 68901 LOCKWOOD AND MEESKE PEDIATRIC DENTISTRY, P.C.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
GLEN A. MOSS 1901 Y ST., SUITE 100 LINCOLN, NEBRASKA 68501 SECRETARY/TREASURER, COMMONWEALTH ELECTRIC COMPANY OF THE MIDWEST
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
WILLIAM G. NOTTAGE-TACEY 905 N. ELM HASTINGS, NEBRASKA 68901 PASTOR, FIRST PRESBYTERIAN CHURCH
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
THOMAS W. OSBORNE 5400 TROTTER ROAD LINCOLN, NEBRASKA 68516 ATHLETIC DIRECTOR, UNIVERSITY OF NEBRASKA AT LINCOLN
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
RHONDA S. PAULEY 708 MADDEN ROAD HASTINGS, NEBRASKA 68901 LAND MANAGER, PAULEY GROUP
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
W. DAVID SCOTT 11422 MIRACLE HILLS DRIVE, SUITE 400, OMAHA, NEBRASKA 68154 PRESIDENT AND CEO, TETRAD HOLDINGS CORP.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
JAMES L. THOM P.O. BOX 1047 HASTINGS, NEBRASKA 68901 VICE PRESIDENT OF FINANCE, T-L IRRIGATION CO.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
RUDY M. THOMAS 17445 ARBOR ST., SUITE 200 OMAHA, NEBRASKA 68130 PRESIDENT, FAIRWAY ASSET MANAGEMENT
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
ROBERT A. UNGER 200 FILLMORE ST., SUITE 200, DENVER, COLORADO 80206 PORTFOLIO MANAGEMENT AND SECURITIES ANALYST, PLATTE RIVER CAPITAL LLC
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
DOUGLAS S. USHER 12060 GREEN HILLS COURT, LOS ALTOS HILLS, CALIFORNIA 94022 PRESIDENT, IDEVCO, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
GRETCHEN K. VONDRAK 1109 EAGLE RUN DRIVE, OMAHA, NEBRASKA, 68164 COMMUNITY VOLUNTEER
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets (equity plus debt). |
PHILIP F. WERNER, JR., 129 EAST 2ND ST., HASTINGS, NEBRASKA 68901 PRESIDENT, WERNER CONSTRUCTION, INC.
|
US
|
MEMBER OF THE BOARD
|
3.6
|
0
|
|
|
b. |
Applicant certifies that equity interests not set forth above are non-attributable. |
|
Yes No
N/A
See Explanation in
[Exhibit 17]
|
7. |
Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast stations in which transferee or any party to the application has an attributable interest. |
N/A
[Exhibit 18]
|
8. |
Multiple Ownership. |
a. |
Is the transferee or any party to the application the holder of an attributable radio or television joint sales agreement or an attributable radio or television time brokerage agreement for the subject station(s) or any other stations in the same market as the station(s) subject to this application?
If "Yes," radio applicants must submit as an Exhibit a copy of each such agreement for radio stations.
|
|
Yes No
[Exhibit 19]
|
b. |
Transferee certifies that the proposed transfer complies with the Commission's multiple ownership rules and cross-ownership rules.
AM and/or FM Radio Applicants only: If "Yes," submit an Exhibit providing information regarding the market, broadcast station(s), and other information necessary to demonstrate compliance with 47 C.F.R. § 73.3555(a).
All Applicants: If "No," submit as an Exhibit a detailed explanation in support of an exemption from, or waiver of, 47 C.F.R. § 73.3555.
|
|
Yes No
[Exhibit 20]
|
c. |
Transferee certifies that the proposed transfer: |
1. |
does not present an issue under the Commission's policies relating to media interests of immediate family members; |
2. |
complies with the Commission's policies relating to future ownership interests; and |
3. |
complies with the Commission's restrictions relating to the insulation and nonparticipation of non-party investors and creditors.
|
|
Yes No
See Explanation in
[Exhibit 21]
|
d. |
Does the Transferee claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds (1) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or (2) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (3) more than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)?
All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of status as an eligible entity. |
|
|
Yes No
See Explanation in
[Exhibit 22]
|
e. |
Does this transfer include a grand-fathered cluster of stations?
All applicants: If "Yes", applicant certifies that it will come in compliance by divesting the necessary station(s) within 12 months of the consummation of this transaction to: |
|
Yes No
|
|
A. An Eligible Entity (as defined in Item 8d, above). |
|
Yes No |
|
B. An Irrevocable Trust that will transfer the station(s) to an Eligible Entity.
|
|
Yes No |
|
All applicants: If "Yes" to Item 8e A or B: Submit as an Exhibit a copy of the form of irrevocable trust agreement providing for the transfer of the station(s) to an Eligible Entity. |
|
See Explanation in
[Exhibit 23]
|
9. |
Character Issues. Transferee certifies that neither 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 24]
|
10. |
Adverse Findings. Transferee certifies that, with respect to the 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 25]
|
11. |
Alien Ownership and Control. 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 26]
|
12. |
Financial Qualifications. Transferee certifies that sufficient net liquid assets are on hand or are available from committed sources to consummate the transaction and operate the station(s) for three months. |
Yes No
See Explanation in
[Exhibit 27]
|
13. |
Program Service Certification. Transferee certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. |
Yes No |
14. |
Auction Authorization. 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 28]
|
15. |
Anti-Drug Abuse Act Certification. Licensee/permittee 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 |
16. |
EEO. Does the applicant propose to employ five or more full-time employees?
If the answer is Yes, the applicant must include an EEO program called for in the separate Model EEO Program Report ( FCC Form 396-A)
|
Yes No |