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.

BTCCDT - 20120313ABX
Section I - General Information
1. Legal Name of the Licensee/Permittee
JOURNAL BROADCAST CORPORATION
Mailing Address
3355 SOUTH VALLEY VIEW BOULEVARD

City
LAS VEGAS
State or Country (if foreign address)
NV
Zip Code
89102 -
Telephone Number (include area code)
7028761313
E-Mail Address (if available)
FCC Registration Number:
0002710192
Call Sign
WTMJ-TV
Facility ID Number
74098
2. Contact Representative (if other than licensee/permittee)
JOHN W. BAGWELL
Firm or Company Name
LERMAN SENTER PLLC
Mailing Address
2000 K STREET, NW
SUITE 600

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 - 1865
Telephone Number (include area code)
2024298970

E-Mail Address (if available)
JBAGWELL@LERMANSENTER.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
THE JOURNAL COMPANY
Mailing Address
333 WEST STATE STREET

City
MILWAUKEE
State or Country (if foreign address)
WI
Zip Code
53203 -
Telephone Number (include area code)
4143329611
E-Mail Address (if available)

4.
Contact Representative (if other than Assignor/Transferor)
JOHN W. BAGWELL
Firm or Company Name
LERMAN SENTER PLLC
Mailing Address
2000 K STREET, NW
SUITE 600

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 - 1809
Telephone Number (include area code)
2024298970

E-Mail Address (if available)
JBAGWELL@LERMANSENTER.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
74098 WTMJ-TV - MILWAUKEE WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
50314 KQCH - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74094 WSYM-TV - LANSING MI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74100 KTNV-TV - LAS VEGAS NV

Facility ID Number
Call Sign or Construction Permit File Number
City
State
16749 KMIR-TV - PALM SPRINGS CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74096 WTMJ - MILWAUKEE WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35190 KMTV-TV - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68589 KTHI - CALDWELL ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
42650 KQXR - PAYETTE ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68329 KFAQ - TULSA OK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68330 KVOO-FM - TULSA OK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
68331 KXBL - HENRYETTA OK

Facility ID Number
Call Sign or Construction Permit File Number
City
State
62024 KSGF - SPRINGFIELD MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
55165 KRVI - MOUNT VERNON MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2708 WGBA-TV - GREEN BAY WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74103 KKCD - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
51660 KPSE-LP - PALM SPRINGS CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59256 KSAW-LD - TWIN FALLS ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59257 K27DX - MCCALL ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2711 W22BW - STURGEON BAY WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
17397 KRVB - NAMPA ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
72356 KLIO - WICHITA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
72357 KFDI-FM - WICHITA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
37133 KFXJ - AUGUSTA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
37121 KYQQ - ARKANSAS CITY KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35020 KFTI-FM - NEWTON KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70649 WFTX-TV - CAPE CORAL FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
50313 KXSP - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2433 KFFN - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2434 KMXZ-FM - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
20403 KQTH - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
57504 KTGV - ORACLE AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59693 WKTI - POWELL TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35095 KWBA-TV - SIERRA VISTA AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
10119 KSPW - SPARTA MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
50308 KSRZ - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
29727 WWST - SEVIERVILLE TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
29741 WCYQ - KARNS TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
62023 KTTS-FM - SPRINGFIELD MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36918 KGUN-TV - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
40854 WKHT - KNOXVILLE TN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
6329 KJOT - BOISE ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74095 WLWK-FM - MILWAUKEE WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
74105 KEZO-FM - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
63548 KICT-FM - WICHITA KS

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59255 KIVI-TV - NAMPA ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2924 KSGF-FM - ASH GROVE MO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59363 KNIN-TV - CALDWELL ID

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36915 K16EO - ORO VALLEY/TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48802 K42AA-D - PAHRUMP NV

Facility ID Number
Call Sign or Construction Permit File Number
City
State
52252 K44JR-D - LAUGHLIN NV

Facility ID Number
Call Sign or Construction Permit File Number
City
State
181414 K29KF-D - PALM SPRINGS CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
2712 W31BK - MENOMINEE MI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
64688 K285DL - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
178359 KTGV-FM1 - TUCSON AZ


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
STEVEN J. SMITH
Typed or Printed Title of Person Signing
CEO OF JOURNAL COMM. INC.; FORMER PRES. THE JOURNAL COMPANY
Signature
Date
03/13/2012
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
JOURNAL COMMUNICATIONS, INC.
Mailing Address
333 WEST STATE STREET

City
MILWAUKEE
State or Country (if foreign address)
WI
Zip Code
53203 -
Telephone Number (include area code)
4143329611
E-Mail Address (if available)

3.
Contact Representative (if other than Assignee/Transferee)
JOHN W. BAGWELL
Firm or Company Name
LERMAN SENTER PLLC
Mailing Address
2000 K STREET, NW
SUITE 600

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 - 1809
Telephone Number (include area code)
2024298970

E-Mail Address (if available)
JBAGWELL@LERMANSENTER.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
STEVEN J. SMITH
Typed or Printed Title of Person Signing
CEO
Signature
Date
03/13/2012
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
Attachment 2
Description
Description of Transaction


Attachment 5
Description
Articles of Merger
Plan of Merger


Exhibit 11
Description:
EXHIBIT 11

SEE EXHIBIT 2.

Attachment 11


Exhibit 12
Description:
EXHIBIT 12

SEE EXHIBIT 2.

Attachment 12


Exhibit 14
Description:
OTHER AUTHORIZATIONS.

JEANETTE TULLY, A DIRECTOR OF JOURNAL COMMUNICATIONS, INC., IS THE TRUSTEE OF THE ALOHA STATION TRUST (THE 'TRUST'), WHICH HOLDS SEVERAL FCC RADIO BROADCAST LICENSES. NEITHER JOURNAL COMMUNICATIONS, INC. NOR ANY OF ITS SUBSIDIARIES HOLD, OR WILL HOLD FOLLOWING THE TRANSACTION CONTEMPLATED IN THIS APPLICATION, ANY FCC TELEVISION OR RADIO BROADCAST LICENSES IN A MARKET WHERE THE TRUST HOLDS RADIO BROADCAST LICENSES.

Attachment 14