Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0110
(March 2011)
FCC 303-S
FOR FCC USE ONLY
 
APPLICATION FOR RENEWAL OF BROADCAST STATION LICENSE

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BRCT - 20051003ABA
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
MISSION BROADCASTING, INC.
Mailing Address
544 RED ROCK DRIVE

City
WADSWORTH
State or Country (if foreign address)
OH
ZIP Code
44281 -
Telephone Number (include area code)
3303358808
E-Mail Address (if available) 
FCC Registration Number:
0004284899
Facility ID Number
28496
Call Sign 
KOLR
2. Contact Representative
ELIZABETH HAMMOND
Firm or Company Name
DRINKER BIDDLE & REATH LLP
Mailing Address
1500 K STREET, NW
SUITE 1100
City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20005 -
Telephone Number (include area code)
2028428843
E-Mail Address (if available)
EHAMMOND@DBR.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 Other
N/A (Fee Required)
4.
Purpose of Application

Renewal of license
Amendment to pending renewal application

If an amendment, submit as an exhibit a listing by Section and Item Number the portions of the pending application that are being revised. [Exhibit 1]
5. Facility Information: Commercial Noncommercial Educational
6. Service and Community of License
a. AM    FM    FM Translator    LPFM
TV Translator    Low Power TV   Class A TV
Digital TV    Digital Translator or Digital LPTV   Digital Class A TV
Community of License /Area to be Served
City: SPRINGFIELD State : MO
b.
Does this application include one or more FM translator station(s), or TV translator station(s), LPTV station(s), in addition to the station listed in Section I question 1? (The callsign(s) of any associated FM translators, TV translators or LPTV stations will be requested in Section V).

Yes No

7.

Other Authorizations. List call signs, facility identifiers and location(s) of any FM booster or TV booster station(s) for which renewal of license is also requested.

[Exhibit 2] N/A



NOTE: In addition to the information called for in Sections II, III, IV and V, an explanatory exhibit providing full particulars must be submitted for each item for which a "No" response is provided.

Section II - Legal - TO BE COMPLETED BY ALL APPLICANTS

1. Certification.  Licensee 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. Character Issues. Licensee certifies that the neither the licensee 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
Yes No
See Explanation in
[Exhibit 3]
b. any pending broadcast application in which character issues have been raised. Yes No
See Explanation in
[Exhibit 4]
3. Adverse Findings. Licensee certifies that, with respect to the licensee 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 provisons of any laws 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]

4. FCC Violations during the Preceding License Term. Licensee certifies that, with respect to the station(s) for which renewal is requested, there have been no violations by the licensee of the Communications Act of 1934, as amended, or the rules or regulations of the Commission during the preceding license term. If No, the licensee must submit an explanatory exhibit providing complete descriptions of all violations. Yes No

See Explanation in
[Exhibit 6]

5. Alien Ownership and Control. Licensee 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 7]

6. Anti-Drug Abuse Act Certification. Licensee certifies that neither licensee 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
7. Non-Discriminatory Advertising Sales Agreements. Commercial licensee certifies that its advertising sales agreements do not discriminate on the basis of race or ethnicity and that all such agreements held by the licensee contain nondiscrimination clauses. Noncommercial licensees should select “not applicable.”

Yes No
N/A

See Explanation in
[Exhibit 8]

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
DENNIS THATCHER
Typed or Printed Title of Person Signing
CHIEF OPERATING OFFICER
Signature
Date
11/15/2006
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).



Section III - TO BE COMPLETED BY AM and FM LICENSEES ONLY

1. Biennial Ownership Report: Licensee certifies that the station's Biennial Ownership Report (FCC Form 323 or 323-E) has been filed with the Commission as required by 47 C.F.R. Section 73.3615. Yes No

See Explanation in
[Exhibit 9]

2. EEO Program: Licensee certifies that:
a. The station's Broadcast EEO Program Report (FCC Form 396) has been filed with the Commission, as required by 47 C.F.R. Section 73.2080(f)(1).

Specify FCC Form 396 File Number : -

Yes No

See Explanation in
[Exhibit 10]

b. The station has posted its most recent Broadcast EEO Public File Report on the station's website, as required by 47 C.F.R. Section 73.2080(c)(6).
Yes No
N/A

See Explanation in
[Exhibit 11]

3. Local Public File. Licensee certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Yes No

See Explanation in
[Exhibit 12]

4. Adherence to Minimum Operating Schedule. Licensee certifies that, during the preceding license term, the station has not been silent (or operating for less than its prescribed minimum operating hours) for any period of more than 30 days.

If No, submit an Exhibit specifying the exact dates in the preceding license term on which the station was silent or operating for less than its prescribed minimum hours.

Yes No

See Explanation in
[Exhibit 13]

5. Discontinued Operations. Licensee certifies that during the preceding license term, the station has not been silent for any consecutive 12-month period. Yes No

See Explanation in
[Exhibit 14]

6. Silent Station Licensee certifies that the station is currently on the air broadcasting programming intended to be received by the public.
Yes No
7. Environmental Effects. Licensee certifies that the specified facility complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments.

By checking "Yes" above, the licensee 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 radio frequency electromagnetic exposure in excess of FCC guidelines.

Yes No

See Explanation in
[Exhibit 15]

8.

Radio/Newspaper Cross-Ownership. Licensee certifies that neither the applicant nor any party to this application has an attributable interest in a newspaper which: (1) is published four or more days per week, (2) is in the dominant language in the market, and (3) is published in a community entirely encompassed by:

 
a.

the 1 mV/m contour of one of the FM station(s)?

Yes No N/A
b. the 2 mV/m contour of one of the AM station(s)?
Yes No N/A

If No to either Question 8.a or 8.b, has the Commission made a finding pursuant to Section 310(d) of the Communications Act that the newspaper/broadcast combination is in the public interest?

Yes No

See Explanation in
[Exhibit 16]



Section IV - TO BE COMPLETED BY TV AND CLASS A LICENSEES ONLY

1. Biennial Ownership Report: Licensee certifies that the station's Biennial Ownership Report (FCC Form 323 or 323-E) has been filed with the Commission as required by 47 C.F.R. Section 73.3615. Yes No

See Explanation in
[Exhibit 17]

2. EEO Program: Licensee certifies that:
a. The station's Broadcast EEO Program Report (FCC Form 396) has been filed with the Commission, as required by 47 C.F.R. Section 73.2080(f)(1).

Specify FCC Form 396 File Number : B396 - 20051003AAZ

Yes No

See Explanation in
[Exhibit 18]

b. The station has posted its most recent Broadcast EEO Public File Report on the station's website, as required by 47 C.F.R. Section 73.2080(c)(6).
Yes No
N/A

See Explanation in
[Exhibit 19]

3. Local Public File. Licensee certifies that the documentation, required by 47 C.F.R. Section 73.3526 or 73.3527, as applicable, has been placed in the station's public inspection file at the appropriate times. Yes No

See Explanation in
[Exhibit 20]

4. Violent Programming. Licensee certifies that no written comments or suggestions have been received from the public that comment on its station's programming and characterize that programming as constituting violent programming.

If No, submit as an Exhibit a summary of those written comments and suggestions received from the public.

Yes No
N/A

See Explanation in
[Exhibit 21]

5. Children's Programming Commercial Limitations. For the period of time covered by this application, the licensee certifies that it has complied with the limits on commercial matter as set forth in 47 C.F.R. Section 73.670. (The limits are no more than 12 minutes of commercial matter per hour during children's programming on weekdays and no more than 10.5 minutes of commercial matter per hour during children's programming on weekends. The limits also apply pro rata to children's programs which are 5 minutes or more and which are not part of a longer block of children's programming.)

If No, submit as an Exhibit a list of each segment of programming 5 minutes or more in duration designed for children 12 years and under and broadcast during the license period which contained commercial matter in excess of the limits. For each programming segment so listed, indicate the length of the segment, the amount of commercial matter contained therein, and an explanation of why the limits were exceeded.
Yes No
N/A






See Explanation in
[Exhibit 22]
6. For the period of time covered by this application, the applicant certifies that it has filed with the Commission, and incorporates by reference, the Children's Television Programming Reports (FCC Form 398) as described in 47 C.F.R. Section 73.3526.

If No, submit as an Exhibit a statment of explanation.

Yes No
N/A

See Explanation in
[Exhibit 23]

7. For the period of time covered by this application, the applicant certifies that the average number of hours of  CORE programming per week broadcast by the station totalled 3 hours or more (averaged over a six-month period). Yes No
N/A

See Explanation in
[Exhibit 24]

8. The licensee certifies that it identifies each CORE Program aired at the beginning of the airing of each program as required by 47 C.F.R. Section 73.673.

If No, submit as an Exhibit a statment of explanation.

Yes No
N/A

See Explanation in
[Exhibit 25]

9. The licensee certifies that it provides information identifying each CORE Program aired on its station, including an indication of the target child audience, to publishers of program guides as required by 47 C.F.R. Section 73.673.

If No, submit as an Exhibit a statement of explanation.

Yes No
N/A

See Explanation in
[Exhibit 26]

10. The licensee certifies that it publicizes the existence and location of the station's Children's Television Programming Reports (FCC Form 398) as required by 47 C.F.R. Section 73.3526(e)(11)(iii).

If No, submit as an Exhibit a statement of explanation , including the specific steps the applicant intends to implement to ensure compliance in the future.

Yes No
N/A

See Explanation in
[Exhibit 27]

11. The licensee may include as an exhibit any other comments or information it wants the Commision to consider in evaluating compliance with the Children's Television Act. This may include information on any other non-core educational and informational programming that the applicant aired or plans to air, or any existing or proposed non-broadcast efforts that will enhance the educational and informational value of such programming to children. See 47 C.F.R. Section 73.671, NOTE 2.



[Exhibit 28]

12. Continued Class A Eligibility. Licensee certifies that its station does, and will continue to, broadcast: (a) a minimum of 18 hours per day; and (b) an average of at least 3 hours per week of programming each quarter produced within the market area served by the station, a group of commonly controlled low power or Class A stations whose predicted Grade B contours are contiguous. Yes No
N/A

See Explanation in
[Exhibit 29]

13. Discontinued Operations. Licensee certifies that during the preceding license term, the station has not been silent for any consecutive 12-month period. Yes No

See Explanation in
[Exhibit 30]

14. Silent Station. Licensee certifies that the station is currently on the air broadcasting programming intended to be received by the public. Yes No
15. Environmental Effects. Licensee certifies that the specified facility complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments.

By checking "Yes" above, the licensee 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 radio frequency electromagnetic exposure in excess of FCC guidelines.

Yes No

See Explanation in
[Exhibit 31]
16. Local TV Ownership Waiver. Has the licensee been granted a "failing" or "marginal" station waiver of 47 C.F.R. Section 73.3555(b)?

If Yes, submit as an Exhibit a specific factual showing of the program-related benefits that have accrued to the public as a result of that waiver.

Yes No

See Explanation in
[Exhibit 32]



Section V - TO BE COMPLETED BY FM AND TV TRANSLATOR AND LOW POWER TV LICENSEES ONLY
1. and 2. [Station Info and Status]



Additional Translator Info   [Exhibit 33]
3. For FM Translator Applicants Only:
a. Licensee certifies that it is in compliance with 47 C.F.R. Section 74.1232(d), which: (1) prohibits the common ownership of a commercial primary FM station and a FM translator station whose coverage contour extends beyond the protected contour of the commercial FM primary station being broadcast, and (2) requires that the FM translator's entire 60 dBu contour is contained within the lesser of: (a) the 2 mV/m daytime contour of the AM primary station being rebroadcast, or (b) a 25-mile radius centered at the AM primary station's transmitter site. (With regard to (1), this restriction also applies to any person or entity having any interest in, or any connection with, the primary FM station.)
Yes No
N/A

See Explanation in
[Exhibit 34]

b. Licensee certifies that it is in compliance with 47 C.F.R. Section 74.1232(e) which prohibits an FM translator station whose coverage contour extends beyond the protected contour of the commercial primary station being rebroadcast from receiving any support (except for specified technical assistance), before, during or after construction, directly or indirectly, from the primary station or any person or entity having any interest in, or any connection with, the primary station.
Yes No
N/A

See Explanation in
[Exhibit 35]

4. For Low Power TV Applicants Only:
Licensee certifies that it has filed with the Commission, the station's Broadcast EEO Program Report (FCC Form 396) and has posted the most recent Public File report on the station's website, if required by 47 C.F.R.Section 73.2080(f)(1).
Yes No
N/A

See Explanation in
[Exhibit 36]

5. Environmental Effects. Licensee certifies that the specified facility complies with the maximum permissible radio frequency electromagnetic exposure limits for controlled and uncontrolled environments.

By checking "Yes" above, the licensee 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 radio frequency electromagnetic exposure in excess of FCC guidelines.

Yes No

See Explanation in
[Exhibit 37]



Exhibits
Exhibit 1
Description:
AMENDMENT

THIS AMENDMENT IS SUBMITTED TO UPDATE MISSION'S ANSWER TO SECTION II, QUESTION 2(B).


Attachment 1


Exhibit 4
Description:
CHARACTER ISSUES

MISSION BROADCASTING, INC. IS SUBMITTING THIS AMENDMENT TO REPORT THE BELOW INFORMATION WITH RESPECT TO TWO UNRESOLVED PROCEEDINGS INVOLVING MISSION.   

ON JANUARY 3, 2006, CABLE AMERICA SUBMITTED A PETITION TO DENY THE APPLICATION FOR RENEWAL OF LICENSE FOR KOLR(TV), SPRINGFIELD, MISSOURI, WHICH IS LICENSED TO MISSION BROADCASTING, INC. CABLE AMERICA RAISED ISSUES WITH RESPECT TO MISSION'S RELATIONSHIP WITH NEXSTAR BROADCASTING, INC. CABLE AMERICA SUBSEQUENTLY SUBMITTED A MOTION TO DISMISS ITS PETITION TO DENY; HOWEVER, THE COMMISSION HAS NOT YET ACTED ON THE PENDING APPLICATION FOR RENEWAL OF LICENSE FOR KOLR OR CABLE AMERICA'S PETITION (FILE NO. BRCT-20051003ABA).

ON MAY 22, 2006, FORT SMITH 46, INC. SUBMITTED A PETITION TO DENY AN APPLICATION FOR ASSIGNMENT OF LICENSE FOR KFTA-TV, FORT SMITH, ARKANSAS FROM NEXSTAR BROADCASTING, INC. TO MISSION BROADCASTING, INC. FORT SMITH 46'S PETITION ALSO MAKES ALLEGATIONS REGARDING THE NEXSTAR/MISSION RELATIONSHIP. THIS APPLICATION IS PENDING (FILE NO. BALCT-20060411ABX).

NEXSTAR AND MISSION ARE PARTIES TO SHARED SERVICES AND JOINT SALES AGREEMENTS PURSUANT TO WHICH NEXSTAR PROVIDES CERTAIN SERVICES TO MISSION'S STATIONS. UNDER THESE AGREEMENTS MISSION CONTROLS ITS OWN PROGRAMMING, PERSONNEL AND FINANCES. BOTH ABOVE-MENTIONED PETITIONS PREDOMINANTLY RELY ON LANGUAGE CULLED FROM NEXSTAR'S SECURITIES AND EXCHANGE COMMISSION FILINGS. THESE SEC FILINGS DISCLOSE THE NEXSTAR/MISSION RELATIONSHIP AND THE REQUIREMENTS OF BOTH COMPANIES WITH RESPECT TO COMPLYING WITH THE FCC'S RULES AND POLICIES. BECAUSE THE FCC PREVIOUSLY HAS APPROVED THE SHARED SERVICES AGREEMENTS AND JOINT SALES AGREEMENTS UNDER WHICH NEXSTAR PROVIDES SERVICES TO MISSION'S STATIONS, MISSION DOES NOT BELIEVE THAT PETITIONERS' COMPLAINTS RAISE CHARACTER ISSUES WITH REGARD TO MISSION. NONETHELESS, OUT OF AN ABUNDANCE OF CAUTION, MISSION HEREBY AMENDS THIS APPLICATION TO REPORT THESE PROCEEDINGS.


Attachment 4


Exhibit 20
Description:
LOCAL PUBLIC FILE

IN REVIEWING THE PUBLIC FILE IN PREPARATION FOR THIS RENEWAL FILING, KOLR DISCOVERED THAT THE FILE DID NOT INCLUDE CERTIFICATIONS OF COMPLIANCE WITH THE CHILDREN'S PROGRAMMING COMMERCIAL LIMITS FOR THE FIRST QUARTERS OF 1998 AND 1999. KOLR HAS VERIFIED THAT IT WAS IN COMPLIANCE WITH THE COMMERCIAL MATTER LIMITS AND HAS PLACED THE MISSING CERTIFICATIONS IN THE PUBLIC FILE.


Attachment 20


Exhibit 21
Description:
VIOLENT PROGRAMMING

KOLR HAS RECEIVED FOUR COMMUNICATIONS FROM THE PUBLIC REGARDING VIOLENCE IN PROGRAMMING DURING THIS RENEWAL TERM. THE COMMUNICATIONS ARE SUMMARIZED AS FOLLOWS:

1) ON MAY 18, 2002, THE STATION RECEIVED AN E-MAIL FROM A VIEWER CONCERNED ABOUT THE MOVIES BROADCAST ON KOLR. THE VIEWER WAS CONCERNED THAT MANY OF THE MOVIES WERE VIOLENT, AND SUGGESTED THAT THE STATION BROADCAST MORE COMEDIES, ROMANCES, AND PROGRAMMING THAT APPEALED TO WOMEN.

2) ON AUGUST 19, 2003, KOLR RECEIVED A LETTER SIGNED BY FIVE INDIVIDUALS REGARDING THE SEX, VIOLENCE AND ADULT LANGUAGE FOUND IN THE MAJORITY OF PROGRAMMING. THE WRITERS SUGGESTED THAT THE STATION BROADCAST G-RATED PROGRAMMING SIMILAR TO THAT FOUND ON THE PAX STATION.

3) ON MARCH 17, 2004, THE STATION RECEIVED A LETTER FROM A VIEWER CONCERNED ABOUT THE LEVEL OF VIOLENCE, SEX AND ADULT LANGUAGE FOUND IN ALL PROGRAMMING. THE VIEWER SUGGESTED THAT TELEVISION BE USED A MEDIUM FOR QUALITY ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.

4) ON APRIL 6, 2005, KOLR RECEIVED AN E-MAIL FROM A PARENT WHO IS CONCERNED ABOUT THE VIOLENT PROGRAMMING THAT IS BROADCAST IN THE 7 P.M. HOUR. SPECIFICALLY, SHE WAS CONCERNED ABOUT THE VIOLENCE IN AN EPISODE OF 'NCIS' THAT WAS BROADCAST ON APRIL 5, 2005, AND IN PROMOTIONAL MATERIALS FOR 'CSI'. THE WRITER SUGGESTED THAT THE STATION BE MORE AWARE OF THE AUDIENCE THAT IS WATCHING BEFORE 8 P.M. AND TAILOR ITS PROGRAMMING ACCORDINGLY.

Attachment 21


Exhibit 24
Description:
CORE CHILDREN'S PROGRAMMING

MISSION ACQUIRED KOLR ON DECEMBER 30, 2003. SINCE ACQUIRING THE STATION, MISSION HAS BROADCAST AN AVERAGE OF AT LEAST THREE HOURS PER WEEK OF CORE CHILDREN'S PROGRAMMING.

THE PRIOR LICENSEE DID NOT BROADCAST AN AVERAGE OF THREE HOURS OF CORE CHILDREN'S PROGRAMMING AS FOLLOWS:

FOR THE SIX MONTH PERIOD APRIL 1 THROUGH SEPTEMBER 30, 1998, KOLR BROADCAST AN AVERAGE OF 2.98 HOURS OF CORE CHILDREN'S PROGRAMMING.

FOR THE TWO SIX MONTH PERIODS JULY 1 THROUGH DECEMBER 31, 1998 AND OCTOBER 1, 1998 THROUGH MARCH 31, 1999, KOLR BROADCAST AN AVERAGE OF 2.89 HOURS OF CORE CHILDREN'S PROGRAMMING. THE AVERAGE WAS UNDER THREE HOURS DUE TO BREAKING NEWS ON DECEMBER 19, 1998.

FOR THE TWO SIX MONTH PERIODS OCTOBER 1, 2000 THROUGH MARCH 31, 2001 AND JANUARY 1 THROUGH JUNE 30, 2001, KOLR BROADCAST AN AVERAGE OF 2.96 HOURS OF CORE CHILDREN'S PROGRAMMING. THE AVERAGE WAS UNDER THREE HOURS DUE TO NETWORK COVERAGE OF THE PRESIDENTIAL INAUGURATION IN THE FIRST QUARTER OF 2001.

FOR THE TWO SIX MONTH PERIODS OCTOBER 1, 2001 THROUGH MARCH 31, 2002 AND JANUARY 1 THROUGH JUNE 30, 2002, KOLR BROADCAST AN AVERAGE OF 2.98 HOURS OF CORE CHILDREN'S PROGRAMMING.

Attachment 24