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 - 20141201AJH
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
BANGOR COMMUNICATIONS, LLC
Mailing Address
371 TARGET INDUSTRIAL CIRCLE

City
BANGOR
State or Country (if foreign address)
ME
ZIP Code
04401 -
Telephone Number (include area code)
2079456457
E-Mail Address (if available) 
FCC Registration Number:
0012648820
Facility ID Number
3667
Call Sign 
WVII-TV
2. Contact Representative
JOHN BURGETT
Firm or Company Name
WILEY REIN LLP
Mailing Address
1776 K STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2027194239
E-Mail Address (if available)
JBURGETT@WILEYREIN.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 MINOR AMENDMENT
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: BANGOR State : ME
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
R. JOSEPH FUCHS
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
09/15/2015
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 - 20141201AJB

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]



Exhibits
Exhibit 1
Description:
AMENDMENT

EXHIBIT 20 (WHICH PROVIDES AN EXPLANATION FOR THE APPLICANT'S RESPONSE TO SECTION IV, QUESTION 3) IS HEREBY AMENDED TO PROVIDE THE FOLLOWING FURTHER INFORMATION:

WVII-TV HAS BEEN SIMULCASTING THE SIGNAL OF CO-OWNED LOW POWER TELEVISION STATION WFVX-LD ON ONE OF WVII-TV'S DIGITAL MULTICAST STREAMS SINCE OCTOBER 2004. ALTHOUGH WFVX-LD, AS A LOW POWER STATION, DOES NOT HAVE AN INDEPENDENT OBLIGATION TO AIR CHILDREN'S PROGRAMMING OR FILE QUARTERLY CHILDREN'S TELEVISION PROGRAMMING REPORTS, THE STATION NEVERTHELESS DID SO BECAUSE IT WAS SIMULCAST ON FULL POWER STATION WVII-TV, WHICH DOES HAVE SUCH AN OBLIGATION. THE LICENSEE MISTAKENLY BELIEVED THAT BECAUSE WVII-TV AND WFVX-LD ARE INDEPENDENT STATIONS, SEPARATE CHILDREN'S TELEVISION PROGRAMMING REPORTS SHOULD BE FILED.

AT ALL TIMES, WFVX-LD AIRED, AT MINIMUM, THE NUMBER OF HOURS OF CORE CHILDREN'S PROGRAMMING REQUIRED BY THE FCC WHILE BEING SIMULCAST ON ONE OF WVII-TV'S DIGITAL MULTICAST STREAMS. EXCEPT FOR THE THREE LATE-FILED REPORTS NOTED HEREIN (ALL OF WHICH WERE MINOR), ALL REPORTS WERE FILED IN A TIMELY MANNER. COPIES OF ALL FILED REPORTS FOR WFVX-LD HAVE BEEN UPLOADED TO WVII-TV'S ONLINE PUBLIC FILE AND WILL REMAIN THERE UNTIL WVII-TV'S NEXT LICENSE RENEWAL. COPIES OF THESE FILED REPORTS ARE ALSO AVAILABLE THROUGH THE COMMISSION'S KIDVID FILING SYSTEM.

FOLLOWING DISCUSSIONS WITH VIDEO DIVISION STAFF, THE LICENSEE NOW UNDERSTANDS THAT ALL CHILDREN'S PROGRAMMING AIRED ON BOTH WVII-TV'S MAIN AND SUPPLEMENTAL STREAMS, EVEN IF PROGRAMMING ON ITS SUPPLEMENTAL STREAMS IS SIMULCAST FROM ANOTHER STATION, MUST BE REPORTED ON THE QUARTERLY CHILDREN'S TELEVISION PROGRAMMING REPORT FOR WVII-TV. THE LICENSEE WILL WORK WITH STATION STAFF TO ENSURE THIS REPORTING OCCURS BEGINNING WITH ITS THIRD QUARTER 2015 REPORT.



Attachment 1


Exhibit 20
Description:
EXHIBIT 20

EXCEPT AS NOTED BELOW, COMPLETE CHILDREN'S TELEVISION REPORTS WERE TIMELY PREPARED AND FILED FOR WVII-TV AND WFVX-LD, A COMMONLY-OWNED STATION. THOUGH NOT INDICATED ON THE REPORTS FOR WVII-TV, THE STATION SIMULCASTS WFVX-LD ON ITS DIGITAL MULTICAST CHANNEL 7.2.   HOWEVER, BECAUSE REPORTS WERE FILED FOR WFVX-LD, THE INFORMATION FOR THE DIGITAL MULTICAST CHANNEL IS AVAILABLE FOR THE ENTIRE LICENSE TERM BY VIEWING WFVX-LD REPORTS ON THE FCC'S WEBSITE. GOING FORWARD, THE LICENSEE WILL INCLUDE THE RELEVANT INFORMATION FOR DIGITAL MULTICAST CHANNEL 7.2 ON THE REPORTS FOR WVII-TV.

IN CONDUCTING THE DUE DILIGENCE NECESSARY TO MAKE THE CERTIFICATIONS REQUIRED HEREIN, THE LICENSEE DISCOVERED THAT:

-THE 3RD QUARTER 2007 CHILDREN'S TELEVISION PROGRAMMING REPORTS FOR WVII-TV AND WFVX-LD WERE FILED ONE WEEK LATE;
-THE 4TH QUARTER 2011 CHILDREN'S TELEVISION PROGRAMMING REPORTS FOR WVII-TV AND WFVX-LD WERE FILED THREE DAYS LATE;
-THE 1ST QUARTER 2012 CHILDREN'S TELEVISION PROGRAMMING REPORT FOR WFVX-LD WAS FILED ONE DAY LATE;
-THE 2012-13 EEO PUBLIC FILE REPORT WAS TIMELY PREPARED AND UPLOADED TO THE WVII WEBSITE BUT WAS UPLOADED LATE TO THE STATION'S ONLINE PUBLIC FILE ON NOVEMBER 10, 2014.

THOUGH THE COMMERCIAL LIMITS CERTIFICATIONS FOR 2ND AND 3RD QUARTER 2013 APPEAR TO BE UPLOADED LATE TO THE STATION'S ONLINE PUBLIC FILE BY FOUR DAYS AND ONE WEEK, RESPECTIVELY, THE LICENSEE CERTIFIES THAT SUCH REPORTS WERE INDEED TIMELY PREPARED AND UPLOADED.

Attachment 20