Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0010 (June 2002)
FCC 323
FOR FCC USE ONLY
 
OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BOA - 20050401AUQ
Section I - General Information
1. Legal Name of the Applicant 
KY3, INC
Mailing Address
999 WEST SUNSHINE
City
SPRINGFIELD
State or Country (if foreign address)
MO
ZIP Code
65807 -
Telephone Number (include area code)
4172683000
E-Mail Address (if available) 
MSCOTT@KY3.COM
FCC Registration Number:
0002539195
Call Sign 
Facility ID Number 
73983
2. Contact Representative (if other than Licensee/Permittee)
MACE J. ROSENSTEIN, ESQ.
Firm or Company Name
HOGAN & HARTSON L.L.P.
Telephone Number (include area code)
2026375877
E-Mail Address (if available)
MJROSENSTEIN@HHLAW.COM
3. Name of entity, if other than licensee or permittee, for which report is filed
SCHURZ COMMUNICATIONS, INC.
Mailing Address
225 W. COLFAX AVENUE

City
SOUTH BEND
State or Country (if foreign address)
IN
ZIP Code
46626 -
Telephone Number (include area code)
5742871001
E-Mail Address (if available)
4. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Fee-exempt Report Other
N/A (Fee Required)



Section II - Ownership Information

5.

a. Biennial b. Transfer of Control or Assignment of License/Permit c. Other
d. Amendment to pending application


for the following stations:

[Enter Station Information]


Station List


This Report is filed for the following stations:

Call Letters
Facility ID Number
Location (City/State)
Class of service
WSBT 73985 SOUTH BEND IN AM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WNSN 73984 SOUTH BEND IN FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WSBT-TV 73983 SOUTH BEND IN TV


Call Letters
Facility ID Number
Location (City/State)
Class of service
WASK 71065 LAFAYETTE IN AM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WKOA 71064 LAFAYETTE IN FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WAGT 70699 AUGUSTA GA TV


Call Letters
Facility ID Number
Location (City/State)
Class of service
WDBJ 71329 ROANOKE VA TV


Call Letters
Facility ID Number
Location (City/State)
Class of service
KYTV 36003 SPRINGFIELD MO TV


Call Letters
Facility ID Number
Location (City/State)
Class of service
WASK-FM 59361 BATTLE GROUND IN FM



All of the information furnished in this Report is accurate as of 03/15/2005 (Date must comply with 47 C.F.R. Section 73.3615(a), i.e., information must be current within 60 days of filing of this report, when 5(a) below is checked.)

This Report is filed for (check one)
6.
Respondent is:
Sole proprietorship Not-for-profit corporation Limited partnership
For-profit corporation General partnership Other
If "Other", describe nature of the respondent in an Exhibit.
[Exhibit 1]
7.
List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613.   (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Contract/Instrument Information]


Contracts/Instruments Information


List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613. (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject shall respond.)

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
ARTICLES OF INCORPORATION SCHURZ COMMUNICATIONS, INC.

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
BYLAWS SCHURZ COMMUNICATIONS, INC.


8. Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Capitalization Information]


Capitalization


Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise excercises de facto control over the subject licensee or permittee shall respond.)

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
CLASS A COMMON
V
360000
287340
72660

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
CLASS B COMMON
N
10440000
7790800
2649200


9.
(a.) List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
[Enter Owner Information]

Owner Information

List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
(Read carefully - The numbered items below refer to line numbers in the following table.)
1. Name and address of respondent and each party to the respondent 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 respondent first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
2. Gender (male or female).
3. Ethnicity (check one).
4. Race (select one or more).
5. Citizenship.
6. Positional interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
7. Percentage of votes.
8. Percentage of total assets (equity debt plus).

1. Name and Address SCHURZ COMMUNICATIONS, INC., 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship NA
6. Positional Interest RESPONDENT
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address FRANKLIN D. SCHURZ, JR., JAMES M. SCHURZ, SCOTT C. SCHURZ AND MARY SCHURZ, TRUSTEES, VOTING TRUST AGREEMENT DATED JULY 22, 2004
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship NA
6. Positional Interest STOCKHOLDER
7. Percentage of votes 75.20
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address FRANKLIN D. SCHURZ, JR., 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest PRESIDENT & DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus) 17.30

1. Name and Address JAMES M. SCHURZ, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest SENIOR VICE PRESIDENT & DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus) 3.10

1. Name and Address SCOTT C. SCHURZ, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT & DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus) 16.20

1. Name and Address MARY SCHURZ, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT & DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus) 17.50

1. Name and Address DAVID C. RAY, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT & DIRECTOR
7. Percentage of votes 15.20
8. Percentage of total assets (equity debt plus) 9.50

1. Name and Address TODD F. SCHURZ, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT & DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 2.50

1. Name and Address GARY N. HOIPKEMIER, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest SENIOR VICE PRESIDENT AND CHIEF FINANCIAL OFFICER
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address MARCI K. BURDICK, 225 W.COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT & DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address CHARLES V. PITTMAN, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest SENIOR VICE PRESIDENT
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address MARTIN D. SWITALSKI, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address SALLY J. BROWN, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address HAROLD J. PARADIS, 225 W.COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest DIRECTOR
7. Percentage of votes
8. Percentage of total assets (equity debt plus)

1. Name and Address ROBIN S. BRUNI, 225 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46626
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest STOCKHOLDER
7. Percentage of votes 9.60
8. Percentage of total assets (equity debt plus) 10.30


(b) Respondent certifies that equity and financial interests not set forth in response to Question 9(a) are non-attributable. Yes No

N/A

See Explanation in
[Exhibit 2]

(c) Is the respondent or any party holding an attributable interest in the respondent also the holder of an attributable interest in any other broadcast station or in any cable or newspaper entities in the same market or with overlapping signals in the same broadcast service, as described in 47 C.F.R. Sections 73.3555 and 76.501? Yes No
If "Yes", submit an Exhibit identifying the holder of that other attributable interest, listing the call signs, locations and facilities identifiers of such other broadcast stations, and describing the nature and size of the ownership interest and the positions held in the other broadcast, cable or newspaper entities. [Exhibit 3]
(d) Are any of the individuals listed in response to Question 9(a) related as parent-child, husband-wife, brothers and sisters?

Yes No

 

If "Yes", submit an Exhibit setting forth full information as to the family relationship

[Exhibit 4]

(e) Is respondent seeking an attribution exemption for any officer or director with duties unrelated to the licensee or permittee?

If "Yes", submit an Exhibit identifying that individual by name and title, fully describing that individual's duties and responsibilities, and explaining why that individual should not be attributed an interest.

Yes No

[Exhibit 5]



SECTION III - CERTIFICATION


I certify that I am VICE PRESIDENT

(Official Title)


of SCHURZ COMMUNICATIONS, INC.

(Exact legal title or name of respondent)


and that I have examined this Report and that to the best of my knowledge and belief, all statements in this Report are true, correct and complete.

(Date of certification must be within 60 days of the date shown in Question 5, Section II and in no event prior to that date.)

Signature
MARCI BURDICK
Date
04/01/2005
Telephone Number of Respondent (Include area code) 5742871001

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:
CONTRACT/INSTRUMENTS INFORMATION

IN ADDITION TO THE CONTRACTS/INSTRUMENTS SET FORTH IN RESPONSE TO SECTION II, ITEM 7, THERE IS A STOCK PURCHASE AGREEMENT (THE SPA), ADOPTED DECEMBER 20, 1974, AND SUBSEQUENTLY RESTATED AS OF MAY 10, 1991. THE SPA WAS RESTATED AGAIN AS OF MARCH 1, 2004, PRIMARILY IN ORDER TO REFLECT THE SUBCHAPTER S ELECTION OF SCHURZ COMMUNICATIONS, INC. (SCI).   ALL OF THE SHAREHOLDERS OF SCI AND SCI ITSELF ARE PARTIES TO THE SPA. THE SPA DEALS WITH RESTRICTIONS ON TRANSFERS OF STOCK, TERMS AND PRICE FOR THE REPURCHASE OF THE STOCK UPON DEATH OF A SHAREHOLDER, THE PAYMENT OF DIVIDENDS TO THE SHAREHOLDERS, AND OTHER TYPICAL PROVISIONS RELATING TO SHAREHOLDER RIGHTS AND OBLIGATIONS IN A CLOSELY HELD SUBCHAPTER S CORPORATION. THE SPA AS RESTATED HAS NOT BEEN FILED WITH THE COMMISSION, BUT IS AVAILABLE UPON COMMISSION REQUEST.



Attachment 1


Exhibit 2
Description:
EXHIBIT 2

THE SHARES OF CLASS A COMMON VOTING STOCK OF SCHURZ COMMUNICATIONS, INC. ('SCI') BENEFICIALLY OWNED BY FRANKLIN D. SCHURZ, JR., JAMES M. SCHURZ, SCOTT C. SCHURZ AND MARY SCHURZ (A TOTAL OF 216,000 SHARES OR APPROXIMATELY 75.2% OF THE OUTSTANDING VOTES OF SCI) ARE HELD PURSUANT TO A VOTING TRUST AGREEMENT DATED JULY 22, 2004. THE DURATION OF THE TRUST IS UNTIL DECEMBER 31, 2054. THE FOUR BENEFICIAL OWNERS LISTED ABOVE ARE THE TRUSTEES AND HAVE EQUAL VOTING POWER; VOTING DECISIONS ARE MADE BY A MAJORITY OF THE TRUSTEES, EXCEPT FOR CERTAIN ACTIONS, SUCH AS THE AMENDMENT OF THE ARTICLES OR BYLAWS OF SCI, WHICH REQUIRE UNANIMOUS VOTE OF THE TRUSTEES; IN THE EVENT OF A VOTING TIE, AN UNRELATED THIRD PARTY WOULD BE NAMED AS AN INDEPENDENT TRUSTEE IN ORDER TO BREAK THE TIE. ROBIN BRUNI'S SHARES OF SCI STOCK ARE HELD IN A REVOCABLE LIVING TRUST OF WHICH SHE AND HER HUSBAND, JAMES G. BRUNI, ARE TRUSTEES. DAVID C. RAY'S SHARES OF SCI STOCK ARE HELD BY THREE TRUSTS, OF WHICH HE IS THE TRUSTEE. TODD F. SHURZ'S SHARES OF NON-VOTING SCI STOCK ARE HELD BY THREE TRUSTS.   

Attachment 2


Attachment 3
Description
Attributable Interests


Exhibit 4
Description:
FAMILY RELATIONSHIPS

FRANKLIN D. SCHURZ, JR., JAMES M. SCHURZ, SCOTT C. SCHURZ AND MARY SCHURZ ARE SIBLINGS. TODD F. SCHURZ IS THE CHILD OF JAMES M. SCHURZ.

Attachment 4