| Section | Question | Response |
|---|---|---|
| Attachments | Are attachments (other than associated schedules) being filed with this application? | No |
| Section | Question | Response |
|---|---|---|
| Fees | Is the applicant exempt from FCC application Fees? | No |
| Indicate reason for fee exemption: | ||
| Waivers | Does this filing request a waiver of the Commission's rule(s)? | No |
| Total number of rule sections involved in this waiver request: |
| Applicant | Address | Phone | Applicant Type | |
|---|---|---|---|---|
|
Elko Broadcasting Company, Inc. Doing Business As: Elko Broadcasting Company |
Paul G . Gardner 1800 Idaho Street ELKO, NV 89802 United States |
+1 (775) 738-1240 | paul@elkoradio.com | Corporation |
| Contact Name | Address | Phone | Contact Type | |
|---|---|---|---|---|
|
M. Scott Johnson , Esq . Legal Counsel Smithwick and Belendiuk, PC |
M. Scott Johnson 5028 Wisconsin Avenue, NW Suite 301 Washington, DC 20016 United States |
+1 (202) 256-5941 | sjohnson@fccworld.com | Legal Representative |
|
M. Scott Johnson , Esq . Legal Counsel Smithwick and Belendiuk, PC |
M. Scott Johnson 5028 Wisconsin Avenue, NW Suite 301 Washington, DC 20016 United States |
+1 (202) 256-5941 | sjohnson@fccworld.com | Legal Representative |
|
M. SCOTT JOHNSON , ESQ . LEGAL COUNSEL Smithwick and Belendiuk PC |
M. SCOTT JOHNSON 5028 WISCONSIN AVENUE NW Suite 301 WASHINGTON, DC 20016 United States |
+1 (202) 256-5941 | SJOHNSON@FCCWORLD.COM | Legal Representative |
| Question | Response |
|---|---|
| 1) Is the applicant a foreign government or the representative of any foreign government as specified in Section 310(a) of the Communications Act? | No |
| 2) Is the applicant an alien or the representative of an alien? (Section 310(b)(1)) | No |
| 3) Is the applicant a corporation, or non-corporate entity, that is organized under the laws of any foreign government? (Section 310(b)(2)) | No |
| 4) Is the applicant an entity of which more than one-fifth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any entity organized under the laws of a foreign country? (Section 310(b)(3)) | No |
| 5) Is the applicant directly or indirectly controlled by any other entity of which more than one-fourth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any entity organized under the laws of a foreign country? (Section 310(b)(4)) | No |
| 6) Has the applicant received a declaratory ruling(s) under Section 310(b)(4) of the Communications Act? | No |
| 7) In connection with this application, is the applicant filing a foreign ownership Petition for Declaratory Ruling pursuant to Section 310(b)(4) of the Communications Act? | No |
| Party Name | Address | Phone | Positional Interest | |
|---|---|---|---|---|
|
Tamra Gunter Member 5T, LLC |
1494 East Tierra Court Gilbert, AZ 85297 United States |
+1 (775) 934-8217 | trgunter@gmail.com |
|
|
Tyler Gunter Managing Member 5T, LLC |
1494 East Tierra Court Gilbert, AZ 85297 United States |
+1 (775) 934-8217 | trgunter@gmail.com |
|
|
Ketra D. Gardner Secretary and Treasurer Elko Broadcasting Company, Inc. |
1200 Mountain View Drive Elko, NV 89801 United States |
+1 (775) 738-1240 | ketra@elkoradio.com |
|
|
Paul G. Gardner President Elko Broadcasting Company, Inc. |
1200 Mountain View Drive Elko, NV 89801 United States |
+1 (775) 738-1240 | paul@elkoradio.com |
|
| Section | Question | Response |
|---|---|---|
| General Certification Statements | The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by authorization or otherwise, and requests an Authorization in accordance with this application (See Section 304 of the Communications Act of 1934, as amended.). | |
| The Applicant certifies that neither the Applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to §5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under §1.2002(c) of the rules, 47 CFR . See §1.2002(b) of the rules, 47 CFR §1.2002(b), for the definition of "party to the application" as used in this certification §1.2002(c). The Applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith. | ||
| Authorized Party to Sign | FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID Upon grant of this application, the Authorization Holder may be subject to certain construction or coverage requirements. Failure to meet the construction or coverage requirements will result in automatic cancellation of the Authorization. Consult appropriate FCC regulations to determine the construction or coverage requirements that apply to the type of Authorization requested in this application. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, §1001) AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, §312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, §503). |
|
| I certify that this application includes all required and relevant attachments. | ||
| I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above. |
10/10/2023 |
| File Name | Uploaded By | Attachment Type | Description |
|---|---|---|---|
| Amendment Concerning Exercise of Rights In Section 6 of Option Agreement.pdf | Applicant | Amendment | Amendment Concerning Exercise of Rights in Section 6 of Option Agreement |
| Amendment to Lease Agreement with Option to Purchase Real Estate.pdf | Applicant | Amendment | Amendment to Lease Agreement with Option to Purchase Real Estate |
| Amendment to Option Agreement.pdf | Applicant | Amendment | Amendment to Option Agreement |
| Amortization and Payment Schedule .pdf | Applicant | Licensee/Permittee Legal Certifications | Amortization and Payment Schedule |
| Attributable Broadcast interests of Paul G. Gardner and Ketra D. Gardner.pdf | Applicant | Licensee/Permittee Legal Certifications | Attributable Broadcast Interests of Paul G. Gardner and Ketra D. Gardner |
| Executed First Amendment to TBA.pdf | Applicant | Amendment | Executed First Amendment to TBA |
| Exercised Option Agreement attached to Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company Inc.'s Stations.pdf | Applicant | Licensee/Permittee Legal Certifications | Exercised Option Agreement attached to Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company, Inc.s Stations |
| Guaranty Agreement .pdf | Applicant | Licensee/Permittee Legal Certifications | Guaranty Agreement |
| Lease Agreement with Option to Purchase Real Estate.pdf | Applicant | Licensee/Permittee Legal Certifications | Lease Agreement with Option to Purchase Real Estate |
| Multiple Ownership Study by Skywaves.pdf | Applicant | Amendment | Multiple Ownership Study by Skywaves |
| Secured Promissory Note.pdf | Applicant | Licensee/Permittee Legal Certifications | Secured Promissory Note |
| Security Agreement .pdf | Applicant | Licensee/Permittee Legal Certifications | Security Agreement |
| Stock Purchase Agreement .pdf | Applicant | Licensee/Permittee Legal Certifications | Stock Purchase Agreement |
| Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company, Inc's Stations .pdf | Applicant | Transferee Legal Certifications | Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company, Inc.'s Stations |
| Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company, Inc's Stations .pdf | Applicant | Licensee/Permittee Legal Certifications | Time Brokerage Agreement with Option to Purchase between the Parties as to Elko Broadcasting Company, Inc.'s Stations |
| Transfee's Other Attributable Broadcast Interests.pdf | Applicant | Transferee Legal Certifications | Transferee's Other Attributable Broadcast Interests |
| Transferee's Statement as to Agreements between the Parties.pdf | Applicant | Transferee Legal Certifications | Transferee's Statement as to Agreements between the Parties |
