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 - 20040415AEM
Section I - General Information
1. Legal Name of the Licensee/Permittee
MICRO COMMUNICATIONS, INC.
Mailing Address
P.O. BOX 828

City
OREM
State or Country (if foreign address)
UT
Zip Code
84059 -
Telephone Number (include area code)
8012241400
E-Mail Address (if available)
FCC Registration Number:
0007768385
Call Sign
KCFM
Facility ID Number
89181
2. Contact Representative (if other than licensee/permittee)
PETER GUTMANN, ESQUIRE
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 I STREET, NW
SEVENTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20005 -
Telephone Number (include area code)
2028574532

E-Mail Address (if available)
PGUTMANN@WCSR.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
MICRO COMMUNICATIONS, INC.
Mailing Address
1240 EAST 800 NORTH

City
OREM
State or Country (if foreign address)
UT
Zip Code
89181 -
Telephone Number (include area code)
8012241400
E-Mail Address (if available)

BOBONGOWA@AOL.COM
4.
Contact Representative (if other than Assignor/Transferor)
PETER GUTMANN, ESQUIRE
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 I STREET, NW
SEVENTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20005 -
Telephone Number (include area code)
2028574532

E-Mail Address (if available)
PGUTMANN@WCSR.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
89181 KCFM - LEVAN UT


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
ROBERT MOREY
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
04/23/2004
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
ZETA HOLDINGS, LLC
Mailing Address
2244 NORTH CANYON ROAD # 209

City
PROVO
State or Country (if foreign address)
UT
Zip Code
84604 -
Telephone Number (include area code)
8013772971
E-Mail Address (if available)

BOBONGOWA@AOL.COM
3.
Contact Representative (if other than Assignee/Transferee)
PETER GUTMANN, ESQ.
Firm or Company Name
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Mailing Address
1401 I STREET, NW
SEVENTH FLOOR

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20005 -
Telephone Number (include area code)
2028574532

E-Mail Address (if available)
PGUTMANN@WCSR.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)

MICRO COMMUNICATIONS, INC., 1240 EAST 800 NORTH, OREM UT 84059 UT 100 100 0 0

(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)

ZETA HOLDINGS, LLC, 2240 NORTH CANYON ROAD, # 209, PROVO UTAH 84604 UT 0 0 100 100

(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)


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
ROBERT MOREY
Typed or Printed Title of Person Signing
MANAGER
Signature
Date
04/23/2004
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:
PURPOSE OF AMENDMENT

THE PURPOSE OF THIS AMENDMENT IS TO CLARIFY THREE ERRORS IN THE OWNERSHIP INFORMATION IN SECTION III - TO SHOW THAT THE ASSIGNEE IS A UTAH (RATHER THAN AN ALASKA) LLC IN RESPONSE TO QUESTION 10, TO SHOW THAT ITS SOLE MEMBER YOREM L.P. IS AN ALASKA (RATHER THAN A UTAH)LIMITED PARTNERSHIP, AND TO PROVIDE A CORRECTED ADDRESS FOR THE ASSIGNEE IN RESPONSE TO QUESTION 10 (CONSISTENT WITH THE ADDRESS PREVIOUSLY GIVEN IN RESPONSE TO QUESTION 2).

Attachment 1


Exhibit 2
Description:
APPROPRIATENESS OF FORM 316

THE TRANSACTION PROPOSED HEREIN WILL RESULT IN THE ASSIGNMENT OF THE KCFM LICENSE FROM MICRO COMMUNICATIONS, INC. TO ZETA HOLDINGS, LLC. BOTH ENTITIES ARE CONTROLLED BY ROBERT MOREY, AND SO THERE WILL BE NO SIGNIFICANT CHANGE IN THE BENEFICIAL OWNERSHIP OR CONTROL OF THE STATION. SPECIFICALLY, MR. MOREY IS THE SOLE OWNER OF THE ASSIGNOR AND WILL BE THE SOLE GENERAL PARTNER (AND OWNER OF 98% OF THE EQUITY) OF THE SOLE MEMBER OF THE PROPOSED ASSIGNEE; MR. MOREY WILL ALSO BE THE SOLE MANAGER OF THE PROPOSED ASSIGNEE.

Attachment 2


Exhibit 5
Description:
ABSENCE OF WRITTEN AGREEMENT

THERE ARE NO WRITTEN AGREEMENTS BETWEEN THE PARTIES FOR THE LICENSE ASSIGNMENT PROPOSED HEREIN. THE PARTIES HAVE AGREED THAT, FOLLOWING FCC CONSENT, THE KCFM LICENSE AND STATION ASSETS ARE TO BE TRANSFERRED FROM THE ASSIGNOR TO THE ASSIGNEE. THE SOLE CONSIDERATION WILL BE THE ASSUMPTION BY THE ASSIGNEE AND RELIEF OF THE ASSIGNOR OF THE BENEFITS AND LIABILITIES ASSOCIATED WITH BEING THE LICENSEE OF THE STATION. THE ASSIGNOR CERTIFIES THAT THIS TRANSACTION FULLY COMPLIES WITH APPLICABLE FCC RULES AND POLICIES.

Attachment 5


Exhibit 11
Description:
ABSENCE OF WRITTEN AGREEMENTS

PLEASE SEE THE ASSIGNOR'S EXHIBIT 4.

Attachment 11


Exhibit 13
Description:
OTHER EQUITY INTERESTS

THE MANAGER OF THE PROPOSED ASSIGNEE, ZETA HOLDINGS, LLC, IS ROBERT MOREY (A US CITIZEN HAVING A RESIDENCE ADDRESS OF 2244 CANYON ROAD, # 209, PROVO, UTAH 84604). THE SOLE MEMBER OF ZETA HOLDINGS, LCC IS YOREM, L.P., AN ALASKA LIMITED PARTNERSHIP. THE SOLE GENERAL PARTNER OF YOREM, LP IS ROBERT MOREY, WHO WILL OWN A 98% EQUITY INTEREST. THE SOLE LIMITED PARTNERS OF YOREM, LP ARE RUBY MOREY (ROBERT'S MOTHER) AND RICHARD MOREY (ROBERT'S BROTHER AND THE SON OF RUBY), EACH OF WHOM WILL OWN 1%. THEY ARE BOTH US CITIZENS AND RESIDE AT 11106 S. SURREY DRIVE, SPANISH FORK, UT 84660.

Attachment 13


Exhibit 14
Description:
OTHER ATTRIBUTABLE INTERESTS

ROBERT MOREY IS LICENSEE (AS SOLE PROPRIETOR) OF AM STATION KSRR, FCC FACILITY ID NO. 53103, PROVO, UT.

Attachment 14


Exhibit 15
Description:
PREVIOUS FCC APPROVAL OF ASSIGNEE

AS NOTED HEREIN, THERE IS TO BE NO SUBSTANTIAL CHANGE IN THE BENEFICIAL OWNERSHIP OF THE STATION AS A RESULT OF THE TRANSACTION PROPOSED HEREIN. NONETHELESS, IT IS NOTED THAT THE FCC APPROVED THE GRANT OF AN INITIAL CONSTRUCTION PERMIT FOR THIS STATION TO THE ASSIGNOR (CONTROLLED BY ROBERT MOREY, WHO ALSO CONTROLS THE PROPOSED ASSIGNEE) IN BPH-19971120MD ON NOVEMBER 5, 1998.

Attachment 15