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.

BTCCT - 20031121AJK
Section I - General Information
1. Legal Name of the Licensee/Permittee
SMITH BROADCASTING OF SANTA BARBARA LIMITED PARTNERSHIP
Mailing Address
700 CENTRAL AVENUE
SUITE 201

City
ST. PETERSBURG
State or Country (if foreign address)
FL
Zip Code
33701 -
Telephone Number (include area code)
7278217900
E-Mail Address (if available)
FCC Registration Number:
0001650019
Call Sign
KEYT-TV
Facility ID Number
60637
2. Contact Representative (if other than licensee/permittee)
JACQUELINE P. CLEARY
Firm or Company Name
HOGAN & HARTSON L.L.P.
Mailing Address
555 THIRTEENTH STREET, N.W.

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20004 - 1109
Telephone Number (include area code)
2026376580

E-Mail Address (if available)
JPCLEARY@HHLAW.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
ROBERT N. SMITH, TRUSTEE
Mailing Address
ROBERT N. & ANNE SMITH TRUST
127 EL PASEO

City
SANTA BARBARA
State or Country (if foreign address)
CA
Zip Code
93101 -
Telephone Number (include area code)
8059650400
E-Mail Address (if available)

4.
Contact Representative (if other than Assignor/Transferor)
JACQUELINE P. CLEARY
Firm or Company Name
HOGAN & HARTSON L.L.P.
Mailing Address
555 THIRTEENTH STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20004 - 1109
Telephone Number (include area code)
2026376580

E-Mail Address (if available)
JPCLEARY@HHLAW.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
60637 KEYT-TV - SANTA BARBARA CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
3156 KEYT - SANTA BARBARA CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
60639 KSBB-LP - SANTA BARBARA CA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
60638 K57BC - SAN LUIS OBISPO CA


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
SEE EXHIBIT 5
Typed or Printed Title of Person Signing
SEE EXHIBIT 5
Signature
Date
11/19/2003
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
SUCCESSOR TRUSTEES
Mailing Address
ROBERT N. & ANNE SMITH TRUST
127 EL PASEO

City
SANTA BARBARA
State or Country (if foreign address)
CA
Zip Code
93101 -
Telephone Number (include area code)
8059650400
E-Mail Address (if available)

3.
Contact Representative (if other than Assignee/Transferee)
JACQUELINE P. CLEARY
Firm or Company Name
HOGAN & HARTSON L.L.P.
Mailing Address
555 THIRTEENTH STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20004 - 1109
Telephone Number (include area code)
2026376580

E-Mail Address (if available)
JPCLEARY@HHLAW.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
WILLIAM S. REYNER, JR.
Typed or Printed Title of Person Signing
TRUSTEE
Signature
Date
11/19/2003
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
Exhibit 1
Description:
PURPOSE OF AMENDMENT

THIS AMENDMENT IS BEING FILED TO PROVIDE DOCUMENTATION RELATED TO THE SUCCESSION OF TRUSTEES -- SEE ATTACHMENT TO EXHIBIT 5.

Attachment 1


Exhibit 2
Description:
EXHIBIT 2

THIS APPLICATION SEEKS CONSENT TO AN INVOLUNTARY TRANSFER OF CONTROL, WHICH HAS OCCURRED AS A RESULT OF THE OCTOBER 28, 2003, PASSING OF MR. ROBERT N. SMITH.

Attachment 2


Exhibit 6
Description:
EXHIBIT 5

THIS APPLICATION SEEKS CONSENT TO AN INVOLUNTARY TRANSFER OF CONTROL, WHICH HAS OCCURRED AS A RESULT OF THE OCTOBER 28, 2003, PASSING OF MR. ROBERT N. SMITH. DOCUMENTATION WILL BE PROVIDED TO THE STAFF UPON REQUEST.

Attachment 6
Description
Exhibit 5


Exhibit 10
Description:
SUCCESSOR TRUSTEES

THE SUCCESSOR TRUSTEES ARE WILLIAM S. REYNER, JR., LESLIE GOLDMAN AND ANNE SMITH, EACH WITH EQUAL VOTE.

ADDITIONALLY, JENNIFER SMITH AND MICHAEL SMITH ARE SPECIAL TRUSTEES SOLELY FOR THE PURPOSE OF VOTING ON MATTERS RELATED TO MEDIA INTERESTS HELD BY THE ROBERT N. & ANNE SMITH TRUST (THE 'TRUST'). ACCORDINGLY, WITH RESPECT TO MEDIA INTERESTS HELD BY THE TRUST, THERE ARE FIVE TRUSTEES, EACH HAVING A SINGLE EQUAL VOTE.

ALL OF THE ABOVE-NAMED TRUSTEES MAY BE CONTACTED THROUGH THE ROBERT N. & ANNE SMITH TRUST, 127 EL PASEO, SANTA BARBARA, CALIFORNIA, 93101.

Attachment 10


Exhibit 11
Description:
EXHIBIT 9

INVOLUNTARY TRANSFER OF CONTROL -- SEE EXHIBIT 5

Attachment 11


Exhibit 12
Description:
CHANGES IN INTEREST

ROBERT N. SMITH WAS THE SOLE TRUSTEE OF THE ROBERT N. & ANNE SMITH TRUST, WHICH IS THE MAJORITY SHAREHOLDER AND SOLE STOCKHOLDER OF SMITH TELEVISION INVESTMENT COMPANY('STIC') AND SMITH TELEVISION SANTA BARBARA, INC. STIC IS THE SINGLE MAJORITY SHAREHOLDER OF SMITH TELEVISION OF NEW YORK, INC., WHICH IN TURN HOLDS THE SINGLE MAJORITY VOTING AND EQUITY INTEREST (AND IS ONE OF THE TWO GENERAL PARTNERS) IN SMITH BROADCASTING OF SANTA BARBARA LIMITED PARTNERSHIP (THE 'LICENSEE'). SMITH TELEVISION OF SANTA BARBARA, INC. IS THE LICENSEE'S OTHER GENERAL PARTNER. (SEE FCC FILE NOS. BTCCT/BTCTT/BTCTTA/BTC-20020329AAZ-ABC).

MR. SMITH PASSED AWAY ON OCTOBER 28, 2003. PURSUANT TO THE SECOND AMENDED AND RESTATED TRUST AGREEMENT RELATING TO THE ROBERT N. & ANNE SMITH TRUST ('TRUST'), THE SUCCESSOR TRUSTEES ARE WILLIAM S. REYNER, JR., LESLIE GOLDMAN AND ANNE SMITH, EACH WITH EQUAL VOTE. ADDITIONALLY, JENNIFER SMITH AND MICHAEL SMITH ARE SPECIAL TRUSTEES SOLELY FOR THE PURPOSE OF VOTING ON MATTERS RELATED TO MEDIA INTERESTS HELD BY THE TRUST. ACCORDINGLY, WITH RESPECT TO MEDIA INTERESTS HELD BY THE TRUST, THERE ARE FIVE TRUSTEES, EACH HAVING A SINGLE EQUAL VOTE.

ALL THE ABOVE-NAMED TRUSTEES ARE CITIZEN'S OF THE UNITED STATES.    JENNIFER SMITH AND MICHAEL SMITH ARE THE CHILDREN OF ROBERT N. AND ANNE SMITH.

Attachment 12


Exhibit 14
Description:
OTHER AUTHORIZATIONS

CERTAIN PARTIES TO THIS APPLICATION HAVE ATTRIBUTABLE INTERESTS IN THE FOLLOWING LICENSEE-ENTITIES:

1. SMITH TELEVISION LICENSE HOLDINGS, INC. THE LICENSEE OF KATN(TV), FAIRBANKS, ALASKA; KIMO(TV), ANCHORAGE, ALASKA; KJUD(TV), JUNEAU, ALASKA, K03FW, KENAI, ALASKA; K13KU, DELTA JUNCTION, ALASKA; K13MZ, HEALY, ALASKA; AND K13OC, DOUGLAS, ALASKA.

2. SMITH BROADCASTING OF VERMONT, LLC, THE PERMITTEE OF WFFF-TV, BURLINGTON, VERMONT.

3. SMITH TELEVISION OF NEW YORK LICENSE HOLDINGS, INC., THE LICENSEE OF TELEVISION STATIONS WETM-TV, ELMIRA, NEW YORK AND WKTV(TV), UTICA, NEW YORK.


Attachment 14