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.

BALCT - 20080423AAN
Section I - General Information
1. Legal Name of the Licensee/Permittee
NEWPORT TELEVISION LLC
Mailing Address
460 NICHOLS ROAD
SUITE 250

City
KANSAS CITY
State or Country (if foreign address)
MO
Zip Code
64112 -
Telephone Number (include area code)
8167510200
E-Mail Address (if available)
MSAUERWEIN@NEWPORTTV.COM
FCC Registration Number:
0016408403
Call Sign
KAAS-TV
Facility ID Number
11912
2. Contact Representative (if other than licensee/permittee)
WILLIAM H. FITZ, ESQ
Firm or Company Name
COVINGTON & BURLING LLP
Mailing Address
1201 PENNSYLVANIA AVENUE, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20004 - 2401
Telephone Number (include area code)
2026625120

E-Mail Address (if available)
WFITZ@COV.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
NEWPORT TELEVISION LLC
Mailing Address
460 NICHOLS ROAD
SUITE 250

City
KANSAS CITY
State or Country (if foreign address)
MO
Zip Code
64112 -
Telephone Number (include area code)
8167510204
E-Mail Address (if available)

4.
Contact Representative (if other than Assignor/Transferor)
WILLIAM H. FITZ, ESQ.
Firm or Company Name
COVINGTON & BURLING LLP
Mailing Address
1201 PENNSYLVANIA AVENUE, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20004 -
Telephone Number (include area code)
2026625120

E-Mail Address (if available)
WFITZ@COV.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
11912 KAAS-TV - SALINA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11968 KAAS-LP - GARDEN CITY NJ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
39855 K03CQ - MAPLETON OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70974 K05BU - ENTERPRISE UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
39854 K05DF - MAPLETON OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
49626 K06LA - HEALY, ETC. AK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
49617 K07NJ - DELTA JUNCTION, ETC. AK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70973 K09SU - HILDALE, ETC. (AZ) UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70957 K11OO - PINE VALLEY, ETC. UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70949 K13QK - VIRGIN UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
128240 K14LW - MYTON UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
128241 K17GT - PRICE UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68887 K18FU-D - RURAL BEAVER COUNTY UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35184 K22GX - TRI CITY OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
128228 K24GK - SALINA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74268 K28DV - EVANSTON WY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70995 K28EA - WASHINGTON, ETC. UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35172 K31AE - SUTHERLIN OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
131213 K31FW - MOUNTAIN VIEW WY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70987 K31IS-D - TOQUERVILLE UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70970 K34CX - APPLE VALLEY UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
128242 K40HS - DUCHESNE UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
131215 K43JF-D - MANTI/EPHRAIM UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68879 K45FW - PRICE, ETC. UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
131206 K45IA - ROCK SPRINGS WY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35188 K46AS - COOS BAY OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
129687 K48JD - SANTA CLARA & WASHIN UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68882 K51BK-D - AURORA, ETC. UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
128236 K51IC-D - SPRING GLEN UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70999 K69CT - ST. GEORGE UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
41212 KASN - PINE BLUFF AR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
34459 KGET-TV - BAKERSFIELD CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
18750 KKEY-LP - BAKERSFIELD CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
56034 KGPE - FRESNO CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11951 KLRT-TV - LITTLE ROCK AR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35183 KMCB - COOS BAY OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
25325 KMOR-LP - EUGENE OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35189 KMTR - EUGENE OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
54420 KMYT-TV - TULSA OK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
83181 KOCW - HOISINGTON KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11910 KOKI-TV - TULSA OK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11967 KSAS-LP - DODGE CITY KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11911 KSAS-TV - WICHITA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35187 KTCW - ROSEBURG OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
49621 KTVF - FAIRBANKS AK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68889 KTVX - SALT LAKE CITY UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
1136 KUCW - OGDEN UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70960 KUWB-LP - BLOOMINGTON UT

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73114 W07BA - SYRACUSE-DEWITT NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11909 WAWS - JACKSONVILLE FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
15569 WBGH-CA - BINGHAMTON NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
60653 WETM-TV - ELMIRA NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
72313 WHP-TV - HARRISBURG PA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11260 WIVT - BINGHAMTON NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68519 WJKT - JACKSON TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
41210 WJTC - PENSACOLA FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11289 WKRC-TV - CINCINNATI OH

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68518 WLMT - MEMPHIS TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
69618 WOAI-TV - SAN ANTONIO TX

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11906 WPMI-TV - MOBILE AL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11907 WPTY-TV - MEMPHIS TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73113 WSYR-TV - SYRACUSE NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35576 WTEV-TV - JACKSONVILLE FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
16747 WWTI - WATERTOWN NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11970 WXXA-TV - ALBANY NY

Facility ID Number
Call Sign or Construction Permit File Number
City
State
73371 WHAM-TV - ROCHESTER NY


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
SANDY DIPASQUALE
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
04/23/2008
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
NEWPORT TELEVISION LICENSE LLC
Mailing Address
460 NICHOLS ROAD
SUITE 250

City
KANSAS CITY
State or Country (if foreign address)
MO
Zip Code
64112 -
Telephone Number (include area code)
8167510204
E-Mail Address (if available)

MSAUERWEIN@NEWPORTTV.COM
3.
Contact Representative (if other than Assignee/Transferee)
WILLIAM H. FITZ, ESQ.
Firm or Company Name
COVINGTON & BURLING LLP
Mailing Address
1201 PENNSYLVANIA AVENUE, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20004 -
Telephone Number (include area code)
2026625120

E-Mail Address (if available)
WFITZ@COV.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]


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
SANDY DIPASQUALE
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
04/23/2008
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:
EXHIBIT 2: PRO FORMA NATURE OF APPLICATION

SEE EXHIBIT 10

Attachment 2


Exhibit 5
Description:
EXHIBIT 4: AGREEMENTS

THIS TRANSACTION IS A PRO FORMA INTRA-CORPORATE RESTRUCTURING WHICH DOES NOT INVOLVE PAYMENT OF ANY CONSIDERATION. THERE IS NO ASSET PURCHASE AGREEMENT OR EQUITY INTEREST PURCHASE AGREEMENT.


Attachment 5


Exhibit 11
Description:
EXHIBIT 9: AGREEMENTS

SEE EXHIBIT 4

Attachment 11


Attachment 12
Description
DESCRIPTION OF TRANSACTION


Attachment 14
Description
OTHER ATTRIBUTABLE MEDIA INTERESTS