1. |
Legal Name of the Licensee/Permittee
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)
|
FCC Registration Number:
0017717000
|
Call Sign
KSAS-TV
|
Facility ID Number
11911 |
2. |
Contact Representative (if other than licensee/permittee)
MACE J. ROSENSTEIN
|
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)
2026625460
|
E-Mail Address (if available)
MROSENSTEIN@COV.COM
|
3. |
Legal Name of the Assignee
KSAS LICENSEE, LLC
|
Mailing Address
C/O C. HARRINGTON, PILLSBURY WINTHROP SHAW PITTMAN LLP
2300 N STREET, NW
|
City
WASHINGTON |
State or Country (if foreign address)
DC |
ZIP Code
20037 - |
Telephone Number (include area code)
2026638528 |
E-Mail Address (if available)
|
4. |
Contact Representative (if other than assignee)
CLIFFORD M. HARRINGTON, ESQ.
|
Firm or Company Name
PILLSBURY WINTHROP SHAW PITTMAN LLP
|
Mailing Address
2300 N STREET, NW
|
City
WASHINGTON |
State or Country (if foreign address)
DC |
Zip Code
20037 - |
Telephone Number (include area code)
2026638525
|
E-Mail Address (if available)
CLIFFORD.HARRINGTON@PILLSBURYLAW.COM |
5. |
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 AMENDMENT TO PENDING APPLICATION
N/A (Fee Required) |
|
6. |
Purpose of Application: Assignment of license Assignment of construction permit 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] |
|
|
|
7. |
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 73.5001)?
If yes, list pertinent authorizations in an Exhibit. |
Yes No
[Exhibit 2] |
|
8. |
a. |
Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)?
|
Yes No |
b. |
If yes to 8(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system?
|
Yes No |
If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a).
|
[Exhibit 3] |
c. |
LPFM Licenses Only: Has the assignor held the station license and operated the station for at least three years? |
Yes No
N/A |
|
|
9. |
a. |
Were any of the authorizations that are the subject of this application obtained after award of a dispositive Section 307(b) preference using the Tribal Priority, through Threshold Qualifications procedures, or through the Tribal Priority as applied before the NCE fair distribution analysis set forth in 47 C.F.R. § 73.7002(b)?
|
Yes No
|
b. |
If yes to 9(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant?
|
Yes No
|
c. |
If no to 9(b), do both the assignor/transferor and assignee/transferee qualify for the Tribal Priority in all respects?
If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the established Tribal Priority holding period restrictions, or that the policy should be waived. |
Yes No
[Exhibit 4] |
|
|
1. |
Certification. Assignee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee 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. |
Assignee is: |
an individual |
a general partnership |
a for-profit corporation |
a limited partnership |
a not-for-profit corporation |
a limited liability company (LLC/LC) |
other |
|
|
a. |
If "other", describe nature of applicant in an Exhibit.
|
|
[Exhibit 11]
|
b. |
Radio Station applicants only: If the station(s) being assigned is noncommercial educational or LPFM, the assignee certifies that the Commission had previously granted a broadcast application, identified here by file number, that found this assignee qualified as a noncommercial educational entity with a qualif'ing educational program, and that the assignee will use the station(s) to advance a program similar to that the Commission has found qualifying in the assignee's previous application.
|
|
Yes No N/A
FCC File Number
- |
c. |
Radio Station applicants only: Proposed assignees of noncommercial educational or LPFM stations that aswered "No" to Question 2(b) must include an exhibit that describes the assignee's educational objective and how the station will be used to advance an educational program that will further that objective according to 47 C.F.R. Section 73.503 (for radio applicants), 47 C.F.R. Section 853 (for LPFM applicants).
|
|
[Exhibit 12]
|
3. |
Agreements for Sale of Station. Assignee certifies that:
a. |
the written agreements in the licensee/permittee's public inspection file and submitted to the Commission embody the complete and final agreement for the sale of the station(s) which are to be assigned; and |
b. |
these agreements comply fully with the Commission's rules and policies. |
|
Yes No
See Explanation in
[Exhibit 13]
|
4. |
Parties to the Application.
a. |
List the assignee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the assignee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary.
|
(1) |
Name and address of the assignee and each party to the application holding an attributable intrerest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the assignee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners. |
(2) |
Citizenship. |
(3) |
Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard., etc. |
(4) |
Percentage of votes. |
(5) |
Percentage of total assets (debt plus equity). |
|
[Enter Parties/Owners Information]
4a. Parties to the Application
List the assignee, and, if other than a natural person, its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the assignee, list separately its officers, directors, stockholders with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. |
(1) Name and address of the assignee and each party to the application holding an attributable intrerest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the assignee first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
(2) Citizenship.
(3) Positional Interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard., etc.
(4) Percentage of votes.
(5) Percentage of total assets(debt plus equity). |
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
KSAS LICENSEE, LLC, C/O CLIFFORD HARRINGTON, PILLSBURY WINTHROP SHAW PITTMAN LLP, 2300 N STREET, NW, WASHINGTON, DC 20037
|
NV
|
PROPOSED ASSIGNEE
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
SINCLAIR COMMUNICATIONS, LLC ('SCLLC'), C/O CLIFFORD HARRINGTON, PILLSBURY WINTHROP SHAW PITTMAN LLP, 2300 N STREET, NW, WASHINGTON, DC 20037
|
MD
|
SOLE MEMBER OF PROPOSED ASSIGNEE
|
100
|
100
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
SINCLAIR TELEVISION GROUP, INC. ('STG'), C/O CLIFFORD HARRINGTON, PILLSBURY WINTHROP SHAW PITTMAN LLP, 2300 N STREET, NW, WASHINGTON, DC 20037
|
MD
|
SOLE MEMBER OF SCLLC
|
100
|
100
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
SINCLAIR BROADCAST GROUP, INC. ('SBG'), C/O CLIFFORD HARRINGTON, PILLSBURY WINTHROP SHAW PITTMAN LLP, 2300 N STREET, NW, WASHINGTON, DC 20037
|
MD
|
SOLE SHAREHOLDER OF STG
|
100
|
100
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
STEVEN M. MARKS, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DAVID F. SCHWARTZ, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DELBERT R. PARKS, III, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
M. WILLIAM BUTLER, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
GREGG L. SIEGEL, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
ROBERT D. WEISBORD, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
ROBERT MALANDRA, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
MARK A. AITKEN, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DAVID D. SMITH, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER AND DIRECTOR OF STG AND SBG
|
22.2
|
19.4
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
J. DUNCAN SMITH, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND OFFICER/DIRECTOR OF SBG
|
23.4
|
19.8
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
FREDERICK G. SMITH, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND OFFICER/DIRECTOR OF SBG
|
14.6
|
12.4
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
ROBERT E. SMITH, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND SBG
|
21.8
|
18.7
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DAVID B. AMY, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
LUCY RUTISHAUSER, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
BARRY M. FABER, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER/GENERAL COUNSEL OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
PAUL NESTEROVSKY, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DONALD H. THOMPSON, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
THOMAS I. WATERS, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DAVID R. BOCHENEK, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
OFFICER OF SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
BASIL A. THOMAS, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
LAWRENCE E. MCCANNA, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
DANIEL C. KEITH, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND SBG
|
0
|
0
|
(1) Name and Address |
(2) Citizenship |
(3) Positional Interest |
(4) Percentage of Votes |
(5) Percentage of total assets(debt plus equity) |
MARTIN R. LEADER, 10706 BEAVER DAM ROAD, COCKEYSVILLE, MD 21030
|
US
|
DIRECTOR OF STG AND SBG
|
0
|
0
|
or [Exhibit 14] |
|
b. |
Assignee certifies that equity interests not set forth above are non-attributable. |
|
Yes No
N/A
See Explanation in
[Exhibit 15]
|
5. |
Other Authorizations. List call signs, locations and facility identifiers of all other broadcast stations in which licensee/permittee or any party to the application has an attributable interest. |
N/A
[Exhibit 16] |
6. |
Multiple Ownership. |
a. |
Is the assignee or any party to the application the holder of an attributable radio or television joint sales agreement or an attributable radio or television time brokerage agreement with the station(s) subject to this application or with any other station in the same market as the station(s) subject to this application?
If "Yes," radio applicants must submit as an Exhibit a copy of each such agreement for radio stations.
|
|
Yes No
[Exhibit 17] |
b. |
Assignee certifies that the proposed assignment complies with the Commission's multiple ownership rules and cross-ownership rules.
AM and/or FM Radio applicants only: If "Yes," submit an Exhibit providing information regarding the market, broadcast station(s), and other information necessary to demonstrate compliance with 47 C.F.R. § 73.3555(a).
All applicants: If "No," submit as an Exhibit a detailed explanation in support of an exemption from, or waiver of, 47 C.F.R. § 73.3555.
|
|
Yes No
[Exhibit 18]
|
c. |
Assignee certifies that the proposed assignment: |
1. |
does not present an issue under the Commission's policies relating to media interests of immediate family members; |
2. |
complies with the Commission's policies relating to future ownership interests; and |
3. |
complies with the Commission's restrictions relating to the insulation and nonparticipation of non-party investors and creditors.
|
|
Yes No
See Explanation in
[Exhibit 19] |
d. |
Does the Assignee claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds (1) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or (2) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or (3) more than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)?
All applicants: If "Yes," submit as an Exhibit a detailed showing demonstrating proof of status as an eligible entity. |
|
|
Yes No
See Explanation in
[Exhibit 20]
|
e. |
Does this assignment include a grand-fathered cluster of stations?
All applicants: If "Yes", applicant certifies that it will come in compliance by divesting the necessary station(s) within 12 months of the consummation of this transaction to: |
|
Yes No |
|
A. An Eligible Entity (as defined in Item 6d, above). |
|
B. An Irrevocable Trust that will assign the station(s) to an Eligible Entity. |
|
All applicants: If "Yes" to Item 6e A or B: Submit as an Exhibit a copy of the form of irrevocable trust agreement providing for the assignment of the station(s) to an Eligible Entity. |
|
Yes No |
Yes No |
See Explanation in
[Exhibit 21]
|
|
7. |
Character Issues. Assignee certifies that neither assignee 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 22]
|
8. |
Adverse Findings. Assignee certifies that, with respect to the assignee 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 23]
|
9. |
Alien Ownership and Control. Assignee 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 24] |
10. |
Financial Qualifications. Assignee certifies that sufficient net liquid assets are on hand or are available from committed sources to consummate the transaction and operate the station(s) for three months. |
Yes No
See Explanation in
[Exhibit 25]
|
11. |
Program Service Certification. Assignee certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. |
Yes No |
12. |
Auction Authorization. Assignee 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 26]
|
13. |
Anti-Drug Abuse Act Certification. Assignee certifies that neither assignee 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 |
14. |
Equal Employment Opportunity (EEO). If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A. |
Yes No
N/A
|