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.

BTC - 20050613AAA
Section I - General Information
1. Legal Name of the Licensee/Permittee
HOLSTON VALLEY BROADCASTING CORPORATION
Mailing Address
POST OFFICE BOX 1971

City
KINGSPORT
State or Country (if foreign address)
TN
Zip Code
37662 - 1971
Telephone Number (include area code)
4232469578
E-Mail Address (if available)
GDEVAULT@HVBCGROUP.COM
FCC Registration Number:
0001770163
Call Sign
WKPT
Facility ID Number
27495
2. Contact Representative (if other than licensee/permittee)
DENNIS J. KELLY
Firm or Company Name
LAW OFFICE OF DENNIS J. KELLY
Mailing Address
POST OFFICE BOX 41177

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20018 - 0577
Telephone Number (include area code)
8883225291

E-Mail Address (if available)
DKELLYFCCLAW1@COMCAST.NET
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
GLENWOOD BROADCASTING CORPORATION
Mailing Address
222 COMMERCE STREET

City
KINGSPORT
State or Country (if foreign address)
TN
Zip Code
37660 -
Telephone Number (include area code)
4232469578
E-Mail Address (if available)

GDEVAULT@HVBCGROUP.COM
4.
Contact Representative (if other than Assignor/Transferor)
DENNIS J. KELLY
Firm or Company Name
LAW OFFICE OF DENNIS J. KELLY
Mailing Address
POST OFFICE BOX 41177

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20018 - 0577
Telephone Number (include area code)
8883225291

E-Mail Address (if available)
DKELLYFCCLAW1@COMCAST.NET
 
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
27495 WKPT - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27489 WTFM - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27498 WKTP - JONESBOROUGH TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
31405 WOPI - BRISTOL TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27504 WKPT-TV - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
63710 WMEV - MARION VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
63711 WMEV-FM - MARION VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
77677 WAPK-CA - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
77678 WAPG-CA - GREENEVILLE TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
77675 WAPM-CA - BENHAM/LYNCH KY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
77676 WAPW-CA - ABINGDON/WASH. CO. VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27490 WOPI-CA - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27502 WKPT-LP - KINGSPORT TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27501 WMEV-LP - PENNINGTON GAP VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27496 WKPZ-LP - WYTHEVILLE VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27503 WKTP-LP - GATE CITY/WEBER CITY VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
58232 WAPV-LP - HONAKER VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
58237 WKPH-LP - HONAKER VA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27499 W249AH - JOHNSON CITY TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
27506 W249AK - BRISTOL TN


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
GEORGE E. DEVAULT, JR.
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/11/2005
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
GLENWOOD COMMUNICATIONS CORPORATION
Mailing Address
222 COMMERCE STREET

City
KINGSPORT
State or Country (if foreign address)
TN
Zip Code
37660 -
Telephone Number (include area code)
4232469578
E-Mail Address (if available)

GDEVAULT@HVBCGROUP.COM
3.
Contact Representative (if other than Assignee/Transferee)
DENNIS J. KELLY
Firm or Company Name
LAW OFFICE OF DENNIS J. KELLY
Mailing Address
POST OFFICE BOX 41177

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20018 - 0577
Telephone Number (include area code)
8883225291

E-Mail Address (if available)
DKELLYFCCLAW1@COMCAST.NET
 
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
GEORGE E. DEVAULT, JR.
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/11/2005
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:
EXPLANATION

THIS APPLICATION SEEKS FCC CONSENT TO A CORPORATE REORGANIZATION WHICH INVOLVES NO CHANGE IN THE BENEFICIAL OWNERSHIP OF THE CORPORATION. THUS, THE USE OF FORM 316 IS CATEGORICALLY PERMITTED BY 47 CFR 73.3540(F)(4).

Attachment 2


Exhibit 5
Description:
TRANSACTIONAL DOCUMENTS

SEE ATTACHED 'PDF' FILES FOR (1) ARTICLES OF MERGER AND (2)CHARTER OF GLENWOOD COMMUNICATIONS CORPORATION, A TENNESSEE CORPORATION.

THIS MERGER HAS NOT BEEN CONSUMMATED, AND WILL NOT BE CONSUMMATED UNLESS AND UNTIL THE FCC GRANTS THIS APPLICATION.

Attachment 5
Description
ARTICLES OF MERGER
CHARTER OF GLENWOOD COMMUNICATIONS CORPORATION


Exhibit 12
Description:
OWNERSHIP EXHIBIT; EXPLANATION OF TRANSACTION

SEE ATTACHED 'PDF' FILE.

Attachment 12
Description
OWNERSHIP EXHIBIT; EXPLANATION OF TRANSACTION


Exhibit 14
Description:
OTHER BROADCAST INTERESTS

GLENWOOD BROADCASTING CORPORATION IS 100% SHAREHOLDER OF HOLSTON VALLEY BROADCASTING CORPORATION. SUBSEQUENT TO CONSUMMATION, GLENWOOD COMMUNICATIONS CORPORATION WOULD BE 100% SHAREHOLDER OF HOLSTON VALLEY BROADCASTING CORPORATION. GLENWOOD COMMUNICATIONS CORPORATION WILL HAVE EXACTLY THE SAME OFFICERS, DIRECTORS AND SHAREHOLDERS AS DOES GLENWOOD BROADCASTING CORPORATION.

HOLSTON VALLEY BROADCASTING CORPORATION IS THE LICENSEE OF THE FOLLOWING BROADCAST AND CLASS A TV STATIONS:

WKPT(AM), KINGSPORT, TN, FIN 27495
WTFM(FM), KINGSPORT, TN, FIN 27489
WKTP(AM), JONESBOROUGH, TN, FIN 27498
WOPI(AM), BRISTOL, TN-VA, FIN 31405
WKPT-TV, KINGSPORT, TN, FIN 27504
WMEV(AM), MARION, VA, FIN 63710
WMEV-FM, MARION, VA, FIN 63711
WAPK-CA, KINGSPORT-JOHNSON CITY-BRISTOL, TN / BRISTOL, VA, FIN 77677
WAPG-CA, GREENEVILLE, TN / BLACKWATER, VA, FIN 77678
WAPM-CA, BENHAM-LYNCH, KY, FIN 77675
WAPW-CA, ABINGDON-WASHINGTON COUNTY, VA, FIN 77676
WOPI-CA, KINGSPORT-JOHNSON CITY-BRISTOL, TN / BRISTOL, VA, FIN 27490
WKPT-LP, KINGSPORT, TN, FCC FIN 27502
WMEV-LP, PENNINGTON GAP, VA, FCC FIN 27501
WKPZ-LP, WYTHEVILLE, VA, FCC FIN 27496

HOLSTON VALLEY IS THE LICENSEE OF THE FOLLOWING LPTV AND FM TRANSLATOR STATIONS:

WKTP-LP, GATE CITY/WEBER CITY, VA, FCC FIN 27503
WAPV-LP, HONAKER, VA, FCC FIN 58232
WKPH-LP, HONAKER, VA, FCC FIN 58237
W249AH, JOHNSON CITY, TN, FCC FIN 27499
W249AK, BRISTOL, TN-VA, FCC FIN 27506

HOLSTON VALLEY BROADCASTING CORPORATION IS PARTY TO A TIME BROKERAGE AGREEMENT RELATIVE TO THE FOLLOWING STATION:

WRZK(FM), COLONIAL HEIGHTS, TN, FCC FIN 47076

HOLSTON VALLEY BROADCASTING CORPORATION HAS ENTERED INTO A JOINT SALES AGREEMENT RELATIVE TO THE FOLLOWING STATION:

WEYE(FM), SURGOINSVILLE, TN, FCC FIN 73872

GLENWOOD BROADCASTING CORPORATION IS 100% SHAREHOLDER OF CALOOSA TELEVISION CORPORATION, LICENSEE OF:

WEVU-CA, FORT MYERS, FL, FCC FIN 64579
WBSP-CA, NAPLES, FL, FCC FIN 64580

Attachment 14


Exhibit 15
Description:
ACQUISITION FILE NUMBERS AND DATES

SEE ATTACHED 'PDF' FILE.

Attachment 15
Description
ACQUISITION FILE NUMBERS AND DATES