Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0922 (September 2002)
FCC 397
FOR FCC USE ONLY
 
BROADCAST MID-TERM REPORT
FOR COMMISSION USE ONLY
FILE NO.

B397 - 20091130ANC
Legal Name of the Licensee
HOAK MEDIA OF COLORADO LICENSE, LLC
Mailing Address
500 CRESCENT COURT
SUITE 220
City
DALLAS
State or Country (if foreign address)
TX
Zip Code
75201 -
Telephone Number (include area code)
9729604896
E-Mail Address (if available)
 FCC Registration Number
0014363147
Facility ID Number
70579
Call Sign
KREX-TV
TYPE OF BROADCAST STATION:
Commercial Broadcast Station
Radio
TV
Low Power TV
International
Noncommercial Broadcast Station
Educational Radio
Educational TV
 
Application Purpose
New Program Report
Amendment to Program Report
List call sign and location of all stations included on this report. List commonly owned stations that share one or more employees. Also list stations operated by the licensee pursuant to a time brokerage agreement. Indicate on the table below which stations are operated pursuant to a time brokerage agreement. To the extent that licensees include stations operated pursuant to a time brokerage agreement on this report, responses or information provided in Sections I through III should take into consideration the licensee's EEO compliance efforts at brokered stations, as well as any other stations, included on this form. For purposes of this form, a station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee.

[Station List]


Station List

List call sign and location of all stations included on this report. List commonly owned stations that share one or more employees. Also list stations operated by the licensee pursuant to a time brokerage agreement. Indicate on the table below which stations are operated pursuant to a time brokerage agreement. To the extent that licensees include stations operated pursuant to a time brokerage agreement on this report, responses or information provided in Sections I through III should take into consideration the licensee's EEO compliance efforts at brokered stations, as well as any other stations, included on this form. For purposes of this form, a station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee.

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KREY-TV 70579 AM FM TV
MONTROSE, CO Yes   No

KGJT-LP 71948 AM FM TV
GRAND JUNCTION, CO Yes   No

KREX-TV 70596 AM FM TV
GRAND JUNCTION, CO Yes   No

KREG-TV 70578 AM FM TV
GLENWOOD SPRINGS, CO Yes   No


SEND NOTICES AND COMMUNICATIONS TO THE FOLLOWING NAMED PERSON AT THE ADDRESS INDICATED BELOW:

Name
TOM W. DAVIDSON, ESQ.
Street Address
1333 NEW HAMPSHIRE AVE., N.W.
City
WASHINGTON
State
DC
Zip Code
20036-
Telephone Number
2028874011

FILING INSTRUCTIONS

Broadcast station licensees are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, a television station employment unit that employs five or more full-time station employees must file a full and complete Broadcast Mid-Term Report. If a television station employment unit employs fewer than five full-time employees, only the first two pages of this report need be filed [through Section I and the Certification] .

A copy of this Mid-Term Report must be kept in the station's public file. Failure to meet these requirements may result in sanctions or remedies. These requirements are contained in 47 C.F.R. Section 73.2080 and are authorized by the Communications Act of 1934, as amended.

Consider as "full-time" employees all those permanently working 30 or more hours a week.


Section I

Does your station employment unit employ fewer than five full-time employees, if television, or fewer than eleven full-time employees, if radio?

Yes No
If yes, you do not have to file this form with the FCC. However, you have the option to complete the certification below, return the form to the FCC, and place a copy in your station(s) public file. You do not have to complete the rest of this form. If your station employment unit employs five or more full-time employees, if television, or eleven or more full-time employees, if radio, you must complete all of this form and follow all instructions.

CERTIFICATION
This report must be certified, as follows:
A. By licensee, if an individual;
B. By a partner, if a partnership (general partner, if a limited partnership);
C. By an officer,
if a corporation or an association; or
D. By an attorney of the licensee, in case of physical disability or absence from the United States of the licensee.

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).

I certify to the best of my knowledge, information and belief, all statements contained in this report are true and correct.

Signed
Name of Respondent
ERIC VAN DEN BRANDEN
Title
PRESIDENT
Telephone No. ( include area code)
9729604896
Date
11/30/2009



GENERAL POLICY

A broadcast station must provide equal employment opportunity to all qualified individuals without regard to their race, color, national origin, religion or sex in all personnel actions including recruitment, evaluation, selection, promotion, compensation, training and termination.

Section II

RESPONSIBILITY FOR IMPLEMENTATION

A broadcast station must assign a particular official overall responsibility for equal employment opportunity at the station. That official's name and title are:

Name: SHELLEY MOORE Title: BUSINESS MANAGER
It is also the responsibility of all persons at a broadcast station making employment decisions with respect to recruitment, evaluation, selection, promotion, compensation, training and termination of employees to ensure that no person is discriminated against in employment because of race, color, religion, national origin or sex.

Section III

MID-TERM REPORT

Television station employment units with five or more full-time employees and radio station employment units with more than ten full-time employees filing in the middle of the license term must attach a copy of each of the two most recent EEO public file reports (the reports from this year and last year). Stations are required to place annually such information as is required by 47 C.F.R. Section 73.2080 in their public files.
[Exhibit 1]

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT

We have estimated that each response to this collection of information will average 30 minutes. Our estimate includes the time to read the instructions, look through existing records, gather and maintain required data, and actually complete and review the form or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0922), Washington, D.C. 20554. We will also accept your comments via the Internet if you send them to PRA@fcc.gov. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0922.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.



Exhibits
Exhibit 1
Description:
REQUEST FOR WAIVER

HOAK MEDIA OF COLORADO, LLC (HOAK) IS THE LICENSEE OF COMMERCIAL TELEVISION STATION KREX-TV, GRAND JUNCTION, COLORADO (KREX); SATELLITE TELEVISION STATIONS KREG-TV, GLENWOOD SPRINGS, COLORADO, (KREG) AND KREY-TV, MONTROSE, COLORADO (KREY); AND CLASS A TELEVISION STATION KGJT-LP, GRAND JUNCTION, COLORADO (KGJT AND, COLLECTIVELY, THE HOAK STATIONS). THE INSTANT FCC FORM 397 (EEO MID-TERM REPORT) IS BEING SUBMITTED FOR THE HOAK STATIONS, WHICH ARE ULTIMATELY OWNED AND CONTROLLED BY HOAK MEDIA, LLC. ALTHOUGH KREG IS PHYSICALLY LOCATED JUST INSIDE THE DENVER, COLORADO DESIGNATED MARKET AREA (DENVER DMA), KREG SERVES PRIMARILY RURAL COMMUNITIES LOCATED IN AND AROUND THE GRAND JUNCTION-MONTROSE, COLORADO DESIGNATED MARKET AREA (GRAND JUNCTION DMA), THE 189TH RANKED DESIGNATED MARKET AREA (DMA) IN THE COUNTRY.   KREX, THE PARENT STATION OF SATELLITE STATION KREG, IS ASSIGNED TO THE GRAND JUNCTION DMA. FOR THIS REASON, THE MEDIA BUREAU HAS DETERMINED IN ANOTHER CONTEXT THAT KREG SHOULD BE TREATED AS PART OF THE GRAND JUNCTION DMA FOR REGULATORY PURPOSES. (FN1)   SIMILARLY, KREG SHOULD BE CONSIDERED PART OF THE SAME STATION EMPLOYMENT UNIT AS KREX, KREY, AND KGJT FOR PURPOSES OF COMPLIANCE WITH SECTION 73.2080 OF THE FCCS RULES (EEO RULES). (FN2)   ACCORDINGLY, TO THE EXTENT NECESSARY, HOAK RESPECTFULLY REQUESTS A WAIVER OF THE EEO RULES TO PERMIT KREG TO BE INCLUDED IN THE SAME STATION EMPLOYMENT UNIT AS KREX, KREY, AND KGJT.

FOOTNOTES:
FOOTNOTE 1: SEE WAIVER OF DIGITAL TESTING PURSUANT TO THE SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004, ORDER, MB DOCKET NO. 05-317, DA 06-801 (REL. MAY 1, 2006) (DUE TO THE UNIQUE SET OF FACTS HERE, I.E., THE SATELLITE STATION IS ASSIGNED TO A TOP 100 MARKET WHILE THE PARENT STATION IS NOT, FOR REGULATORY PURPOSES, WE WILL TREAT KREG-TV AS PART OF THE GRAND JUNCTION-MONTROSE DMA DURING THE DTV TRANSITION PERIOD.).

FOOTNOTE 2: IMPORTANTLY, KREG EMPLOYS FEWER THAN FIVE FULL-TIME EMPLOYEES SUCH THAT, IF THE FCC WERE TO CONCLUDE THAT KREG IS NOT PART OF THE KREX-KREY-KGJT STATION EMPLOYMENT UNIT, KREG WOULD BE EXEMPT FROM SECTIONS 73.2080(B) AND (C) OF THE FCCS RULES.




Attachment 1
Description
2008 Amended EEO Report
2009 Amended EEO Report