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 - 20040316AFT
Section I - General Information
1. Legal Name of the Licensee/Permittee
EMMIS TELEVISION LICENSE CORPORATION
Mailing Address
3500 WEST OLIVE AVENUE
SUITE 1450

City
BURBANK
State or Country (if foreign address)
CA
Zip Code
91505 - 4604
Telephone Number (include area code)
8189732722
E-Mail Address (if available)
MRICE@EMMIS.COM
FCC Registration Number:
0002884252
Call Sign
WLUK-TV
Facility ID Number
4150
2. Contact Representative (if other than licensee/permittee)
JOHN FIORINI, III, ESQ.
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
ZIP Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)
JFIORINI@WRF.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
JEFFREY H. SMULYAN (DE JURE)
Mailing Address
ONE EMMIS PLAZA
40 MONUMENT CIRCLE, SUITE 700

City
INDIANAPOLIS
State or Country (if foreign address)
IN
Zip Code
46204 -
Telephone Number (include area code)
3172660100
E-Mail Address (if available)

4.
Contact Representative (if other than Assignor/Transferor)
JOHN E. FIORINI, III
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)
JFIORINI@WRF.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
4150 WLUK-TV - GREEN BAY WI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4144 KHON-TV - HONOLULU HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4146 KHAW-TV - HILO HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4145 KAII-TV - WAILUKU HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36917 KGMB - HONOLULU HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36914 KGMD-TV - HILO HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36920 KGMV - WAILUKU HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4143 WALA-TV - MOBILE AL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
83943 WBPG - GULF SHORES AL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4149 WVUE - NEW ORLEANS LA

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70649 WFTX - CAPE CORAL FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70655 WTHI-TV - TERRE HAUTE IN

Facility ID Number
Call Sign or Construction Permit File Number
City
State
53465 WKCF - CLERMONT FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36912 WSAZ-TV - HUNTINGTON WV

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36918 KGUN - TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35190 KMTV - OMAHA NE

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35380 KOIN - PORTLAND OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48575 KRQE - ALBUQUERQUE NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48556 KBIM-TV - ROSWELL NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48589 KREZ-TV - DURANGO CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4151 W40AN - ESCANABA MI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
4147 K55DZ - LIHUE HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36907 K57BI - WAIMEA HI

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36909 K69BZ - LIHUE, ETC.

Facility ID Number
Call Sign or Construction Permit File Number
City
State
53462 W04CN - COCOA, ETC. FL

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36921 W16CE - CHARLESTON WV

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36915 K16EO - ORO VALLEY/TUCSON AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
36911 K02BW - CASAS ADOBES AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35373 K31CR - PRINEVILLE, ETC. OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35374 K34DC - ASTORIA OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35371 K38CZ - LINCOLN CITY/NEWPORT OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35384 K11SE - BEND OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35381 K52AK - PRINEVILLE, ETC. OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35376 K64BK - THE DALLES OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35375 K65AE - TERREBONNE OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
67106 K52ET - TILLAMOOK OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35382 K63AW - GRAYS RIVER, ETC. OR

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48560 K09EP - GRANTS, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
5478 K08LA - BLACK LAKE NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70216 K11AW - ROY NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
25509 K11NV - GUADALUPITA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48580 K13OX - MUD CANYON NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
22272 K22EW - MORA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35562 K38EC - EAGLE NEST NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48581 K44CJ - TUCUMCARI NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
35563 K45EC - SILVER CITY NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48588 K43GW - RATON, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48564 K57CF - CARRIZOZO, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48566 K67BG - CABALLO NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48585 K83AT - FARMINGTON, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48573 K63DU - LORDSBURG NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
19107 K66BH - NAVAJO COMP STATION AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48572 K21FD - TAOS, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48552 K11OD - CARRIZOZO, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48579 K13OY - MESCALERO NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48587 K29DP - LORDSBURG NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48559 K43FI - LAS VEGAS NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48558 K44DD - CHAMA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48569 K47DI - COYOTE CANYON NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48561 K57AW - DEMING NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48568 K25HJ - HORNSBY RANCH, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48571 K44GD - CROWNPOINT NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
23045 K67CE - GALLINA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48565 K69AE - COLFAX, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
70695 K06BN - WAGON MOUND NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
13437 K08ES - RED RIVER NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11465 K48GK - GALLUP NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
125596 K39FY - ZUNI NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
125582 K28HM - THOREAU NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
54181 K06KP - QUEMADO NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
59098 K62CU - SANTA ROSA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48551 K49BY - CLOVIS NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48557 K40GC - DORA NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48554 K16BZ - RUIDOSO NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48563 K49FX - ALAMOGORDO NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
51292 K04NS - PAGOSA SPRINGS CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
51294 K43GT - PAGOSA SPRINGS CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48570 K13VW - CHINLE AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48582 K30GL - MANY FARMS AZ

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48586 K26EP - DULCE/LUMBERTON NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48567 K11JO - BLOOMFIELD, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48577 K08FR - AZTEC NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48562 K21AX - FARMINGTON NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48590 K02IL - PAGOSA SPRINGS CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48592 K06JF - CORTEZ CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48595 K42DI - BAYFIELD/IGNACIO CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48591 K66AV - SUNETHA/NUTRIA CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
48593 K31FV - DURANGO & HERMOSA CO

Facility ID Number
Call Sign or Construction Permit File Number
City
State
47276 K65CG - ALAMOGORDO, ETC. NM

Facility ID Number
Call Sign or Construction Permit File Number
City
State
11568 K54CC - TRUTH OR CONSEQUENCE NM


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
JEFFREY H. SMULYAN
Typed or Printed Title of Person Signing
INDIVIDUAL
Signature
Date
03/15/2004
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
SHAREHOLDERS OF EMMIS COMMUNICATIONS CORPORATION *
Mailing Address
ONE EMMIS PLAZA
40 MONUMENT CIRCLE, SUITE 700

City
INDIANAPOLIS
State or Country (if foreign address)
IN
Zip Code
46204 -
Telephone Number (include area code)
3172660100
E-Mail Address (if available)

3.
Contact Representative (if other than Assignee/Transferee)
JOHN E. FIORINI, III
Firm or Company Name
WILEY REIN & FIELDING LLP
Mailing Address
1776 K STREET, NW

City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20006 -
Telephone Number (include area code)
2027197145

E-Mail Address (if available)
JFIORINI@WRF.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
JEFFREY H. SMULYAN
Typed or Printed Title of Person Signing
INDIVIDUAL
Signature
Date
03/15/2004
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 2
Description:
USE OF FORM 316

SEE EXHIBIT 10.

Attachment 2


Exhibit 5
Description:
AGREEMENTS

SEE EXHIBIT 10.

Attachment 5


Exhibit 11
Description:
AGREEMENTS

SEE EXHIBIT 10.

Attachment 11


Attachment 12
Description
DESCRIPTION OF TRANSFER


Exhibit 14
Description:
OTHER AUTHORIZATIONS

SEE EXHIBIT 10.

Attachment 14