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.

BRCDT - 20141001CDU
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
KHNL/KGMB LICENSE SUBSIDIARY, LLC
Mailing Address
RSA TOWER, 20TH FLOOR
201 MONROE STREET

City
MONTGOMERY
State or Country (if foreign address)
AL
ZIP Code
36104 -
Telephone Number (include area code)
3342061400
E-Mail Address (if available) 
RBRYAN@RAYCOMMEDIA.COM
FCC Registration Number:
0014580294
Facility ID Number
34445
Call Sign 
KGMB
2. Contact Representative
EVE R. POGORILER
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)
2026625345
E-Mail Address (if available)
EPOGORILER@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 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: HONOLULU State : HI
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
REBECCA S. BRYAN
Typed or Printed Title of Person Signing
VICE PRESIDENT, GENERAL COUNSEL
Signature
Date
10/01/2014
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 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 - 20141001CAZ

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]


Low Power Applicants: Answer Question 2a only.

1. Station Information:
Call Sign
Facility Identifier
Area Licensed to Serve
K27DW 34448 City:WAILUKU State:HI
2. Operational Status:
a. Silent Station: Licensee certifies that the station is currently on the air.
Yes No
b. Rebroadcast Status: Licensee certifies that the station is currently rebroadcasting the signal of an FM, AM, TV or LPTV station.

If Yes, identify the station being broadcast:

Yes No
N/A
Call Sign Facility Identifier
Area Licensed to Serve
 KGMB  34445  City:HONOLULU State:HI
c. Rebroadcast Consent: Licensee certifies that it has obtained written authority from the licensee of the primary station identified above for retransmitting primary station's programming. Yes No
N/A



1. Station Information:
Call Sign
Facility Identifier
Area Licensed to Serve
K45CT 34446 City:HILO State:HI
2. Operational Status:
a. Silent Station: Licensee certifies that the station is currently on the air.
Yes No
b. Rebroadcast Status: Licensee certifies that the station is currently rebroadcasting the signal of an FM, AM, TV or LPTV station.

If Yes, identify the station being broadcast:

Yes No
N/A
Call Sign Facility Identifier
Area Licensed to Serve
 KGMB  34445  City:HONOLULU State:HI
c. Rebroadcast Consent: Licensee certifies that it has obtained written authority from the licensee of the primary station identified above for retransmitting primary station's programming. Yes No
N/A




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 6
Description:
EXHIBIT 6

PURSUANT TO A NOTICE OF VIOLATION DATED DECEMBER 19, 2012, THE FCC FOUND THAT KGMB HAD VIOLATED THE EAS MONTHLY TEST RULE WITH RESPECT TO A DIGITAL MULTICAST CHANNEL. THE STATION FILED A RESPONSE ON JANUARY 8, 2013, EXPLAINING THE TECHNICAL REASON FOR THE ISSUE AND REMEDIAL MEASURES THAT IT HAD TAKEN. THE STATION HAS HEARD NOTHING FURTHER FROM THE FCC ON THIS MATTER. PURSUANT TO A MEDIA BUREAU DECISION RELEASED NOVEMBER 25, 2011, THE FCC ADMONISHED THE STATION (THEN UNDER CALL SIGN KFVE) FOR FAILURE TO PROVIDE UNRESTRICTED ACCESS TO THE STATION'S PUBLIC INSPECTION FILE.

Attachment 6


Exhibit 20
Description:
EXHIBIT 20

THE ISSUES/PROGRAMS REPORT FOR THE FIRST THREE QUARTERS OF 2007 WERE UPLOADED TO THE ONLINE PUBLIC FILE ON TIME DURING THE TRANSITION TO THE ONLINE FILE. HOWEVER, THEY WERE NOT DISPLAYING CORRECTLY IN THE PUBLIC-FACING SIDE OF THE FILE, APPARENTLY BECAUSE OF A TECHNICAL ISSUE WITH THE FCC'S PUBLIC FILE SYSTEM, AND THE STATION RE-UPLOADED THE REPORTS ON MARCH 15, 2013. THE STATION AMENDED ITS FCC FORM 398S FOR THE FOURTH QUARTER OF 2009 AND THE FIRST QUARTER OF 2011, AND HAS UPLOADED PROOF OF THE EARLIER FILINGS TO THE STATION'S ONLINE PUBLIC FILE.

Attachment 20


Exhibit 22
Description:
EXHIBIT 22

DURING THE FOURTH QUARTER OF 2009 AND PART OF THE FIRST QUARTER OF 2010, THE STATION SCHEDULED CHILDREN'S PROGRAMMING IMMEDIATELY FOLLOWING LIVE NETWORK SPORTS EVENTS. AS A RESULT OF LIVE SPORTS EVENTS UNEXPECTEDLY RUNNING OVERTIME, THE STATION'S CHILDREN'S PROGRAMMING AIRED ON A DELAYED BASIS, RESULTING IN INADVERTENT OVERAGES OF THE COMMERCIAL LIMITS FOR CERTAIN EPISODES OF BUSYTOWN, WHICH IS AIMED AT A 12-AND-UNDER AUDIENCE. THE ERRORS OCCURRED NOT BECAUSE THE STATION SCHEDULED TOO MUCH COMMERCIAL MATTER WITHIN ITS CHILDREN'S PROGRAMMING, BUT SIMPLY BECAUSE OF THE UNEXPECTED DELAYED START-TIMES.

ACCORDING TO THE STATION'S RECORDS, THE STATION AIRED SIX HALF-HOUR CHILDREN'S PROGRAM EPISODES IN THE FOURTH QUARTER OF 2009 AND TWO HALF-HOUR CHILDREN'S PROGRAM EPISODES IN THE FIRST QUARTER OF 2010 THAT EXPERIENCED SUCH INADVERTENT COMMERCIAL OVERAGES. THE STATION NOTES THAT IN EACH CASE, THE PERTINENT PROGRAM WAS FOLLOWED BY A DIFFERENT EPISODE OF 12-AND-UNDER CHILDREN'S PROGRAMMING THAT COMPLIED WITH THE APPLICABLE COMMERCIAL LIMITS, THUS MITIGATING THE EFFECT OF THE DELAYED START.

CONSISTENT WITH POLICIES AND RULES CONCERNING CHILDREN'S TELEVISION PROGRAMMING, MEMORANDUM OPINION AND ORDER, 6 FCC RCD 5093, PARA. 13 (1991) AND POLICIES AND RULES CONCERNING CHILDREN'S TELEVISION PROGRAMMING, REPORT AND ORDER, 6 FCC RCD 2111, FOOTNOTE 35 (1991), THE STATION HAS CALCULATED THE AMOUNTS OF THE COMMERCIAL OVERAGES AS FOLLOWS:

DATE:               AMOUNT OF OVERAGE:
11/07/09:           0:58
11/08/09:           1:50
11/14:09:           0:40
11/22/09:           1:52
11/28/09:           1:45
12/20/09:           1:25
01/09/10:           0:55
01/24/10:           1:15

THESE WERE 'ISOLATED, DE MINIMIS' OVERAGES THAT DO NOT WARRANT THE IMPOSITION OF SANCTIONS. SEE, E.G., JOURNAL BROAD. CORP., LETTER, 23 FCC RCD. 8633, 8634 (2008) (TWO OVERAGES OF 60 SECONDS AND ONE OF 90 SECONDS CONSTITUTED ISOLATED, DE MINIMIS VIOLATIONS NOT WARRANTING FURTHER ACTION IN CONNECTION WITH RENEWAL); SCRIPPS HOWARD BROAD. CO., LETTER, 23 FCC RCD 1652, 1652-53 (2008) (OVERAGE OF TWO MINUTES, FIFTEEN SECONDS CONSTITUTED ISOLATED, DE MINIMIS VIOLATION NOT WARRANTING FURTHER ACTION IN CONNECTION WITH RENEWAL). MOREOVER, FACTORS INCLUDING THE STATION'S LOCATION IN THE PACIFIC TIME ZONE, THE BROADCAST OF NETWORK SPORTS PROGRAMMING ON A LIVE BASIS, AND THE DEFINED WINDOW IN WHICH CHILDREN'S PROGRAMMING CAN BE BROADCAST IN ORDER TO COUNT AS CORE ALL WORK TOGETHER TO CREATE A PARTICULAR CHALLENGE IN THE STATION'S SCHEDULING OF ITS CHILDREN'S PROGRAMMING.

IN ORDER TO PREVENT SIMILAR INSTANCES FROM OCCURRING, THE STATION REARRANGED ITS CHILDREN'S PROGRAMMING LINEUPS IN FEBRUARY 2010 SO THAT 12-AND-UNDER CHILDREN'S PROGRAMMING IS NO LONGER SCHEDULED TO AIR AFTER LIVE SPORTS EVENTS. THUS, IN EVENT OF LIVE SPORTS RUNNING INTO OVERTIME, THE OVERTIME WILL NOT CAUSE A DELAYED START FOR CHILDREN'S PROGRAMMING SUBJECT TO THE COMMERCIAL LIMITS.


Attachment 22


Exhibit 24
Description:
EXHIBIT 24

CERTAIN EPISODES OF THE STATION'S EDUCATIONAL/INFORMATIONAL PROGRAMMING WERE PREEMPTED DURING THE LICENSE TERM, IN CONNECTION WITH THE AIRING OF NETWORK SPORTS PROGRAMMING AND THE STATION'S LOCATION IN THE PACIFIC TIME ZONE. THE STATION MADE THESE EPISODES GOOD AND PROVIDED NOTICE TO VIEWERS AND LISTING SERVICES CONSISTENT WITH THE FCC'S POLICIES IN THIS REGARD. IN ADDITION, IN MANY QUARTERS, THE STATION'S PROGRAMMING SCHEDULE INCLUDED SUBSTANTIAL AMOUNTS OF EXTRA EDUCATIONAL/INFORMATIONAL PROGRAMMING.

Attachment 24