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 - 20150130AES
Section I - General Information- TO BE COMPLETED BY ALL APPLICANTS
1. Legal Name of the Licensee
MISSION BROADCASTING, INC.
Mailing Address
901 INDIANA AVENUE SUITE 375

City
WICHITA FALLS
State or Country (if foreign address)
TX
ZIP Code
76301 -
Telephone Number (include area code)
9402287861
E-Mail Address (if available) 
missionbroadcasting@gmail.com
FCC Registration Number:
0004284899
Facility ID Number
57837
Call Sign 
WUTR
2. Contact Representative
GREGORY L. MASTERS
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)
2027197370
E-Mail Address (if available)
GMASTERS@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 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: UTICA State : NY
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
DENNIS P. THATCHER
Typed or Printed Title of Person Signing
PRESIDENT
Signature
Date
06/28/2016
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 - 20150130ADN

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:
REASON FOR AMENDMENT

SEE ATTACHED.

Attachment 1
Description
Reason for Amendment


Exhibit 3
Description:
CHARACTER ISSUES

THE LICENSEE BELIEVES THAT THIS QUESTION IS PROPERLY ANSWERED IN THE AFFIRMATIVE. HOWEVER, OUT OF AN ABUNDANCE OF CAUTION, THE LICENSEE NOTES THAT IN GRANTING AN APPLICATION FOR CONSENT TO THE ASSIGNMENT OF THE LICENSE OF TELEVISION STATION KFTA-TV, FORT SMITH, AR, FROM A THIRD PARTY TO MISSION BROADCASTING, INC. ('MISSION')(FILE NO. BALCT-20060411ABX) ON MARCH 3, 2008, THE VIDEO DIVISION, MEDIA BUREAU, ADMONISHED MISSION FOR NOT REPORTING IN THE ASSIGNMENT APPLICATION THAT IN A SEPARATE APPLICATION A PARTY HAD MADE CERTAIN ALLEGATIONS AGAINST MISSION. HOWEVER, SEE COOSA VALLEY NEWS, INC., DA 08-1372 (JUN. 10, 2008), CITING GREATER MUSKEGON BROADCASTERS, INC., 11 FCC RCD 15464 (1996) ('UNTIL . . . ALLEGATIONS ARE DETERMINED TO HAVE MERIT AND ARE DESIGNATED FOR HEARING, NO 'UNRESOLVED' ISSUE IS PENDING 'AGAINST' THE APPLICANT.').

Attachment 3


Exhibit 20
Description:
LOCAL PUBLIC FILE

IN THE FOLLOWING INSTANCES, PUBLIC INSPECTION FILE ITEMS WERE NOT TIMELY FILED AND/OR UPLOADED TO THE STATION'S ONLINE PUBLIC FILE:

1. THE STATION'S FCC FORM 398 FOR THE SECOND QUARTER OF 2010 WAS FILED ON JULY 13, 2010, ONE DAY PAST THE FILING DEADLINE.

2. THE STATION'S ISSUES/PROGRAMS LISTS FOR THE FIRST, SECOND AND THIRD QUARTERS OF 2013, WHILE TIMELY PREPARED AND PLACED IN THE PAPER FILE, WERE NOT UPLOADED TO THE ONLINE PUBLIC FILE UNTIL DECEMBER 11, 2013.

3. THE STATION'S ISSUES/PROGRAMS LIST FOR THE FIRST QUARTER OF 2014 WAS UPLOADED TO THE ONLINE PUBLIC FILE ON APRIL 11, 2014, ONE DAY PAST THE DEADLINE.

4. THE STATION'S CERTIFICATION OF COMPLIANCE WITH THE COMMERCIAL LIMITS IN CHILDRENS PROGRAMMING FOR THE FIRST QUARTER OF 2014 WAS UPLOADED TO THE ONLINE PUBLIC FILE ON APRIL 15, 2014, FIVE DAYS PAST THE DEADLINE.

5. THE STATION'S CERTIFICATIONS OF COMPLIANCE WITH THE COMMERCIAL LIMITS IN CHILDRENS PROGRAMMING FOR THE YEARS 2007-2011, WHILE TIMELY PREPARED AND PLACED IN THE PAPER FILE, WERE NOT UPLOADED TO THE ONLINE PUBLIC FILE UNTIL JANUARY 15, 2015.


Attachment 20


Exhibit 23
Description:
CHILDREN'S PROGRAMMING

WITH RESPECT TO ITS CHILDREN'S TELEVISION PROGRAMMING REPORTS (FCC FORM 398), THE LICENSEE NOTES THAT FOR REASONS THAT ARE UNKNOWN AND BEYOND THE STATION'S CONTROL, THE STATION'S FORMS 398 FOR THE LAST THREE QUARTERS OF 2007, ALL QUARTERS OF 2008 AND 2009, AND THE FIRST TWO QUARTERS OF 2010 ARE NOT VISIBLE VIA PUBLIC ACCESS TO THE STATION'S ONLINE PUBLIC FILE. ALL OF THESE REPORTS WERE IN FACT FILED, AND ARE AVAILABLE IN THE COMMISSION'S FORM 398 DATABASE.

Attachment 23