Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0837 (June 2002)
FCC 302-DTV
FOR FCC USE ONLY
 
APPLICATION FOR DIGITAL TELEVISION BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BLCDT - 20050311ACY
Section I - General Information
1. Legal Name of the Applicant 
EMMIS TELEVISION LICENSE, LLC
Mailing Address
3500 W. OLIVE AVENUE
SUITE 1450
City
BURBANK
State or Country (if foreign address)
CA
ZIP Code
91505 -
Telephone Number (include area code)
8182380209
E-Mail Address (if available) 
MRICE@EMMIS.COM
FCC Registration Number:
0011294444
Call Sign 
WFTX-DT
Facility Identifier 
70649
2. Contact Representative (if other than Applicant)
JOHN E. FIORINI
Firm or Company Name
WILEY REIN & FIELDING LLP
Telephone Number (include area code)
2027197000
E-Mail Address (if available)
JFIORINI@WRF.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. Facility Information:
a.  Commercial Noncommercial
b.  Main Auxiliary
c.   Community of License:
City: CAPE CORAL State: FL
5. Program Test Authority:
  Requesting program test authority.
  Station operating pursuant to automatic program test authority (47 C.F.R. Section 73.1620(a)(1)).
6. Purpose of Application:
Cover construction permit (list original construction permit file number -- starts with the prefix BPCDT, BPEDT, BMPCDT or BPMEDT): BPCDT-20041020AAL
Modify an authorized license (list license file number -- starts with the prefix BLCDT, BMLCDT or BMLEDT): -
Amend a pending application
If an amendment, submit as an Exhibit a listing by Section and Question Number the portions of the pending application that are being revised.
[Exhibit 1]



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 - Legal

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/Permittee 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.
Licensee/Permittee certifies that all terms, conditions, and obligations set forth in the underlying construction permit have been fully met.
Yes No

See Explanation in
[Exhibit 2]

3.
Licensee/Permittee certifies that, apart from changes already reported, no cause or circumstance has arisen since the grant of the underlying construction permit which would result in any statement or representation contained in the construction permit application to be now incorrect.
Yes No

See Explanation in
[Exhibit 3]

4.
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 party to the
    application; or
b. any pending broadcast application in which character issues have been raised.
Yes No

See Explanation in
[Exhibit 4]

5.
Adverse Findings. Licensee/Permittee certifies that, with respect to the licensee/permittee and any 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 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 5]

6.
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
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
J. SCOTT ENRIGHT
Typed or Printed Title of Person Signing
VICE PRESIDENT & SECRETARY
Signature
Date
03/09/2005



Section III - Engineering

TECHNICAL SPECIFICATIONS
Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed. The response "on file" is not acceptable.

TECH BOX

1.

Channel: 35

2.

Operating Constants

Transmitter power output (average power at input to transmission line, after any filter attached to the transmitter, if used)
Transmission line power loss
14.78 dBk           30 kW 1.71 dB
Antenna Input power Maximum antenna power gain Maximum effective radiated power
13.07 dBk 16.63 dB 29.7 dBk          930 kW

3.

Antenna Data

Manufacturer
DIE
Model
TFL-26DSC-R 3BP230DC

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.

CERTIFICATION

4. Main Studio Location. The main studio location complies with 47 C.F.R. Section 73.1125. Yes No

See Explanation in
[Exhibit 6]

5. Constructed Facility The facility was constructed as authorized in the underlying construction permit or complies with 47 C.F.R. Section 73.1690. Yes No

See Explanation in
[Exhibit 7]

6. Special Operating Conditions.    The facility was constructed in compliance with all special operating conditions, terms, and obligations described in the construction permit.

An exhibit may be required.    Review the underlying construction permit

Yes No

See Explanation in
[Exhibit 8]

7. Transmitter. The transmitter complies with 47 C.F.R. Section 73.1660. Yes No

See Explanation in
[Exhibit 9]

APPLICATION FILED PURSUANT TO 47 C.F.R. SECTIONS 73.1675(c) OR 73.1690(c).

Only applicants filing this application pursuant to 47 C.F.R. Sections 73.1675(c) or 73.1690(c) must complete the following section.

8.

Changing transmitter power output.     Is this application being filed to authorize a change in transmitter power output caused by the replacement of an omnidirectional antenna with another omnidirectional antenna or an alteration of the transmission line system? See 47 C.F.R. Sections 73.1690(c)(1) and (c)(10). Yes No
9. Replacing a directional antenna.     Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(3) to replace a directional antenna with another directional antenna?

If "Yes" to the above, the applicant certifies the following:

Yes No

a. Pattern of Directional Antenna. The proposed theoretical antenna pattern complies with 47 C.F.R. Section 73.1690(c)(3). Exhibit is required.


Yes No

See Explanation in
[Exhibit 10]

10 Use a formerly licensed main facility as an auxiliary facility.     Is this application being filed pursuant to 47 C.F.R. Section 73.1675(c)(1) to request authorization to use a formerly licensed main facility as an auxiliary facility and/or change the ERP of the proposed auxiliary facility?

If "Yes" to the above, the applicant certifies the following:

Yes No
a. Auxiliary antenna service area. The proposed auxiliary facility complies with 47 C.F.R. Section 73.1675(a). Exhibit is required.


Yes No

See Explanation in
[Exhibit 11]

b. Environmental Protection Act. The proposed facility is excluded from environmental processing under 47 C.F.R. Section 1.1 306 (i.e., the facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments).

By checking "Yes" above, the applicant also certifies that it, in coordination with other users of the site, will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines.
Yes No

See Explanation in
[Exhibit 12]

11.

Change the license status.    Is this application being filed pursuant to 47 C.F.R. Section 73.1690(c)(9) to change the license status from commercial to noncommercial or from noncommercial to commercial?

If "Yes" to above, submit an exhibit providing full particulars. For applications changing license status from commercial to noncommercial, include Section II of FCC Form 340 as an exhibit to this application.

Yes No


[Exhibit 13]

PREPARER'S CERTIFICATION ON PAGE 6 MUST BE COMPLETED AND SIGNED



SECTION III - PREPARER'S CERTIFICATION

I certify that I have prepared Section III (Engineering data) on behalf of the applicant, and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief.

Name
ROBERT CULVER, P.E.
Relationship to Applicant (e.g., Consulting Engineer)
ENGINEERING PROFESSIONAL CONSULTANT
Signature
Date
03/09/2005
Mailing Address
8309 CHERRY LANE
City
LAUREL
State or Country (if foreign address)
MD
Zip Code
20707 -
Telephone Number (include area code)
3017764488
E-Mail Address (if available)
BOBCUL@LOCUL.COM

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 4
Description:
EXHIBIT 4 - CHARACTER

BY ORDER RELEASED AUGUST 12, 2004, FCC 04-199, THE COMMISSION ADOPTED A CONSENT DECREE RELATING TO ALLEGED BROADCASTS OF OBSCENE, INDECENT OR PROFANE MATERIAL BY STATIONS UNDER THE CONTROL OF EMMIS COMMUNICATIONS CORPORATION. IN THAT ORDER, THE COMMISSION, INTER ALIA, CONCLUDED THAT 'THERE ARE NO SUBSTANTIAL AND MATERIAL QUESTIONS OF FACT IN REGARD TO [THE MATTERS COVERED BY THE CONSENT DECREE] AS TO WHETHER EMMIS POSSESSES THE BASIC QUALIFICATIONS, INCLUDING ITS CHARACTER QUALIFICATIONS, TO HOLD OR OBTAIN ANY FCC LICENSES OR
AUTHORIZATIONS' (AT PARA. 4). THE ORDER DENIED A PETITION FOR RECONSIDERATION PREVIOUSLY FILED BY DAVID EDWARD SMITH IN WHICH HE SOUGHT REINSTATEMENT OF CERTAIN DISMISSED INDECENCY COMPLAINTS AND ALSO CONTENDED THAT EMMIS HAD ACTED IMPROPERLY IN CONNECTION WITH A LAWSUIT AGAINST SMITH FILED BY ERICH MULLER (A/K/A MANCOW). THE CONTENTION REGARDING THE LAWSUIT WAS ALSO CONTAINED IN AN INFORMAL OBJECTION FILED BY SMITH ON JULY 23, 2004, AGAINST THE LICENSE RENEWAL APPLICATIONS OF EMMIS RADIO STATIONS IN INDIANA.

ON SEPTEMBER 13, 2004, SMITH FILED A PETITION FOR RECONSIDERATION OF THE ORDER; THAT PETITION REMAINS PENDING.

FURTHER, ON NOVEMBER 1, 2004, SMITH ET AL. FILED A PETITION TO DENY THE APPLICATION FOR RENEWAL OF LICENSE OF WKQX(FM), CHICAGO, IL, WHICH IS UNDER COMMON CONTROL WITH THE APPLICANT. THE PETITION IS BASED PRINCIPALLY UPON THE MATTERS DESCRIBED ABOVE AND CHALLENGES THE VALIDITY OF THE CONSENT DECREE. IN ADDITION, THE PETITION CLAIMS THAT KPNT(FM), ST. GENEVIEVE, MO, WHICH IS UNDER COMMON CONTROL WITH THE APPLICANT, ACTED IMPROPERLY IN CONNECTION WITH CORRESPONDENCE FROM THE STATION'S LOCAL COUNSEL TO A ST. LOUIS AREA RESIDENT RELATING TO HER CONTACTS WITH STATION ADVERTISERS REQUESTING THAT THEY NOT ADVERTISE ON THE STATION.

ON JANUARY 3, 2005, JULIE CORDRY, THE ST. LOUIS AREA RESIDENT REFERENCED IN THE SMITH PETITION, FILED A PETITION TO DENY THE KPNT RENEWAL APPLICATION. THE PETITION MAKES THE SAME CLAIMS AS THE SMITH PETITION WITH RESPECT TO THE VALIDITY OF THE SETTLEMENT AGREEMENT AND ALLEGED INAPPROPRIATE ACTS BY KPNT WITH RESPECT TO MS. CORDRY'S
CONTACTS WITH STATION ADVERTISERS. THE PETITION ALSO CONTENDS THAT THE RENEWAL APPLICATION SHOULD BE DENIED BECAUSE OF ALLEGEDLY-OBJECTIONABLE LINKS ON THE STATION'S WEBSITE.


EMMIS DOES NOT CONCEDE THAT THESE ALLEGATIONS RAISE 'CHARACTER' ISSUES, BUT DISCLOSES THEM OUT OF AN ABUNDANCE OF CAUTION.


Attachment 4