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Licensing and Management System

Approved by OMB 3060-0009
October 2020
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission) Transfers

Lead File Number:
BTCCT-20020329ABO
Submit Date:
03/29/2002
Lead Call Sign:
KAKE
FRN:
0025276742
Service:
Analog TV legacy
Purpose:
Transfer of Control
Status:
Granted
Status Date:
04/15/2002
Filing Status:
Active


General Information

Section Question Response
Attachments Are attachments (other than associated schedules) being filed with this application?

Fees, Waivers, and Exemptions

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)?
Total number of rule sections involved in this waiver request:

Transfer Type

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Question Response
Is this application a pro forma Transfer of Control? Yes
By answering "Yes" the Applicant certifies that the use of short form pro forma application is appropriate for this transaction? Yes
Is the Transfer Voluntary or Involuntary: Involuntary

Authorizations to be Transferred

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Selected Call Signs

Call Sign Facility ID File Number Service City, State
KAKE-TV 65522 BTCCT-20020329ABO TV WICHITA, KS
KUPK-TV 65535 BTCCT-20020329ABP TV GARDEN CITY, KS
KLBY 65523 BTCCT-20020329ABQ TV COLBY, KS
KAUZ-TV 6864 BTCCT-20020329ABR TV WICHITA FALLS, TX
KDLH 4691 BTCCT-20020329ABS TV DULUTH, MN
KGWC-TV 63177 BTCCT-20020329ABT TV CASPER, WY
KGWL-TV 63162 BTCCT-20020329ABU TV LANDER, WY
KGWN-TV 63166 BTCCT-20020329ABV TV CHEYENNE, WY
KGWR-TV 63170 BTCCT-20020329ABW TV ROCK SPRINGS, WY
KHQA-TV 4690 BTCCT-20020329ABX TV HANNIBAL, MO
KKTV 35037 BTCCT-20020329ABY TV COLORADO SPRINGS, CO
KMIZ 63164 BTCCT-20020329ABZ TV COLUMBIA, MO
KSTF 63182 BTCCT-20020329ACA TV SCOTTSBLUFF, NE
WBKO 4692 BTCCT-20020329ACB TV BOWLING GREEN, KY
WHOI 6866 BTCCT-20020329ACC TV PEORIA, IL
WHSV-TV 4688 BTCCT-20020329ACD TV HARRISONBURG, VA
WIBW-TV 63160 BTCCT-20020329ACE TV TOPEKA, KS
WIFR 4689 BTCCT-20020329ACF TV FREEPORT, IL
WILX-TV 6863 BTCCT-20020329ACG TV ONONDAGA, MI
WMTV 6870 BTCCT-20020329ACH TV MADISON, WI
WOWT-TV 65528 BTCCT-20020329ACI TV OMAHA, NE
WSAW-TV 6867 BTCCT-20020329ACJ TV WAUSAU, WI
WTAP-TV 4685 BTCCT-20020329ACK TV PARKERSBURG, WV
WTOK-TV 4686 BTCCT-20020329ACL TV MERIDIAN, MS
WTRF-TV 6869 BTCCT-20020329ACM TV WHEELING, WV
WTVY 4152 BTCCT-20020329ACN TV DOTHAN, AL
WYTV 4693 BTCCT-20020329ACO TV YOUNGSTOWN, OH
K69DQ 65534 BTCTT-20020329ACP LPA GREAT BEND, KS
K25CV 65533 BTCTT-20020329ACQ LPA HAYS, KS
K20BU 65529 BTCTT-20020329ACR LPA RUSSELL, KS
K22CP 65527 BTCTT-20020329ACS LPA SALINA, KS
K33ET 4694 BTCTT-20020329ACT LPA AITKIN, MN
K59BQ 4695 BTCTT-20020329ACU LPA DEER RIVER, MN
K57BH 4696 BTCTT-20020329ACV LPA GRAND PORTAGE, MN
K63BI 4697 BTCTT-20020329ACW LPA GRAND MARAIS, MN
K68DC 63179 BTCTT-20020329ACX LPA CLARETON, WY
K16AE 63175 BTCTT-20020329ACY LPA GILLETTE, WY
K57CB 35038 BTCTT-20020329ADA LPA ROMEO, CO
W64AO 4687 BTCTT-20020329ADE LPA CHARLOTTESVILLE, VA
W57AR 22151 BTCTT-20020329ADF LPA SAYNER/VILAS COUNTY, WI
K08IQ 63183 BTCTTV-20020329ACZ LPA LARAMIE, WY
K10LI 35036 BTCTTV-20020329ADB LPA COLORADO SPRINGS, CO
K02NQ 55254 BTCTVL-20020329ADC LPA COLUMBIA, MO
K11TB 55253 BTCTVL-20020329ADD LPA JEFFERSON CITY, MO

Transfer Questions

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Question Response
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)?
Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)?
Have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system?
Were any of the authorizations that are the subject of this application obtained after award of a dispositive Section 307(b) preference using the Tribal Priority, through Threshold Qualifications procedures, or through the Tribal Priority as applied before the NCE fair distribution analysis set forth in 47 C.F.R. § 73.7002(b)?
Have all such stations operated for at least 4 years with a minimum operating schedule since grant?
Do both the transferor and transferee qualify for the Tribal Priority in all respects?
LPFM Licenses Only: Has it been at least 18 months since the initial construction permit for the LPFM station was granted?
LPFM Licenses Only: Does the assignment of the LPFM authorization satisfy the consideration restrictions of 47 CFR Section 73.865(a)(1)?
LPFM Licenses Only: Were any of the LPFM authorizations that are subject to this application obtained through the Commission’s point system for low power FM stations (see 47 CFR Section 73.872)?
If yes to question above, have all such LPFM stations operated for at least four years since grant pursuant to the point system?” (options – Y/N. If Yes, nothing further required. No requires attachment as follows)“If no to new sub question, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the requirements of 47 CFR Section 73.865(a)(3).

Licensee/Permittee Information

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Licensee/Permittee Name, Type, and Contact Information

Licensee/Permittee Address Phone Email FRN

BENEDEK LICENSE CORPORATION

Applicant

Doing Business As: BENEDEK LICENSE CORPORATION

2895 GREENSPOINT PARKWAY

SUITE 250

HOFFMAN ESTATES, IL 60195

United States

+1 (847) 585-3450

KJYAGER@BENEDEK.COM

0002836237

Licensee/Permittee Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

WILLIAM H. FITZ

COVINGTON & BURLING

1201 PENNSYLVANIA AVE., N.W.

WASHINGTON, DC 20004

+1 (202) 662-5120

WFITZ@COV.COM

Licensee/Permittee Legal Certifications

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Section Question Response
Agreements for Transfer Control of Station Licensee/Permittee certifies that:
(i) it has placed its public inspection file(s) and submitted to the Commission as an Exhibit to this application copies of all agreements for the transfer of the station(s);
(ii) these documents embody the complete and final understanding between Transferor and Transferee; and
(iii) these agreements comply fully with the Commission's rules and policies
Other Authorizations Please upload an attachment detailing the call signs, locations, and facility identifiers of all other broadcast stations in which Licensee/Permittee or any party to the application has an attributable interest.
Character Issues Licensee/Permittee 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
Adverse Findings Licensee/Permittee certifies that, with respect to the Licensee/Permittee 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.
Local Public Notice Licensee/Permittee certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
Auction Authorization Licensee/Permittee 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.
Anti-Discrimination Certification Licensee/Permittee certifies that neither licensee/permittee nor any party to the application have violated the Commission's prohibition against discrimination on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations.

Transferor Information

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Transferor Name, Type, and Contact Information

Transferor Type Address Phone Email FRN

STATIONS HOLDING COMPANY, INC.

Assignor

Doing Business As: STATIONS HOLDING COMPANY, INC.

Other

2895 GREENSPOINT PARKWAY

SUITE 250

HOFFMAN ESTATES, IL 60195

+1 (847) 585-3450

KJYAGER@BENEDEK.COM

0002836237

Transferor Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

WILLIAM H. FITZ

COVINGTON & BURLING

1201 PENNSYLVANIA AVE., N.W.

WASHINGTON, DC 20004

+1 (202) 662-5120

WFITZ@COV.COM

Transferor Legal Certifications

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Section Question Response
Agreements for Transfer Control of Station Transferor certifies that:
(i) it has placed in Transferor's public inspection file(s) and submitted to the Commission as an Exhibit to this application copies of all agreements for the assignment/transfer of the station(s);
(ii) these documents embody the complete and final understanding between Transferor and Transferee; and
(iii) these agreements comply fully with the Commission's rules and policies
N/A
If the transaction is involuntary, the Transferor certifies that court orders or other authorizing documents have been issued and that it has placed in the licensee's/permittee's public inspection file(s) and submitted to the Commission copies of such court orders or other authorizing documents. Yes
Character Issues Transferor certifies that neither transferor 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
Adverse Findings Transferor certifies that, with respect to the 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
Local Public Notice Transferor certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580.
Auction Authorization 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.
Anti-Discrimination Certification Transferor certifies that neither licensee/permittee nor any party to the application have violated the Commission's prohibition against discrimination on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations.

Transferee Information

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Transferee Name, Type, and Contact Information

Transferee Type Address Phone Email FRN

STATIONS HOLDING COMPANY, INC., DEBTOR IN POSSESSION

Assignee

Doing Business As: STATIONS HOLDING COMPANY, INC., DEBTOR IN POSSESSION

Other

2895 GREENSPOINT PARKWAY

SUITE 250

HOFFMAN ESTATES, IL 06195

+1 (847) 585-3450

KJYAGER@BENEDEK.COM

Transferee Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

WILLIAM H. FITZ

COVINGTON & BURLING

1201 PENNSYLVANIA AVE., N.W.

WASHINGTON, DC 20004

+1 (202) 662-5120

WFITZ@COV.COM

Changes in Interest (0)

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Party Name Citizenship Address Phone Email Interest Before Transfer Interest After Transfer
Empty

Changes in Interest Certification

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Question Response
Applicant certifies that equity and financial interests not set forth by the transferee are nonattributable. N/A

Parties to the Application (0)

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Party Name Citizenship Address Phone Email Positional Interest
Empty

Parties to the Application Certification

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Question Response
Applicant certifies that equity and financial interests not set forth by the transferee are nonattributable.

Transferee Legal Certifications

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Section Question Response
Agreements for Sale Transferee certifies that:
(a) the written agreements in the Transferee's public inspection file and submitted to the Commission 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
Other Authorizations Please upload an attachment detailing the call signs, locations, and facility identifiers of all other broadcast stations in which Transferee or any party to the application has an attributable interest. N/A
Multiple Ownership Is the Transferee or any party to the application the holder of an attributable radio joint sales agreement or an attributable radio or television time brokerage agreement with the station(s) subject to this application or with any other station in the same market as the station(s) subject to this application?
Transferee certifies that the proposed assignment complies with the Commission's multiple ownership rules.
Transferee certifies that the proposed assignment:
(1) does not present an issue under the Commission's policies relating to media interests of immediate family members;
(2) complies with the Commission's policies relating to future ownership interests; and
(3) complies with the Commission's restrictions relating to the insulation and nonparticipation of non-party investors and creditors.
Does the Transferee claim status as an "eligible entity," that is, an entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping (as set forth in 13 C.F.R. § 121-201), and holds
(1) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or
(2) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or
(3) More than 50 percent of the voting power of the corporation that will own the media outlet (if such corporation is a publicly traded company)?
Does this transfer include a grandfathered cluster of stations?
Applicant certifies that it will come in compliance by divesting the necessary station(s) within 12 months of the consummation of this transaction to:

A) An Eligible Entity (as defined in Item 6d, above).
B) An Irrevocable Trust that will assign the station(s) to an Eligible Entity.
Acquisition of Control Please upload an attachment listing 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
Character Issues Transferee certifies that neither 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
Adverse Findings Transferee certifies that, with respect to the 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
Financial Qualifications Transferee certifies that sufficient net liquid assets are on hand or are available from committed sources to consummate the transaction and operate the station(s) for three months.
Program Service Certification Transferee certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area.
Auction Authorization 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.
Equal Employment Opportunity (EEO) If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report on FCC Form 396-A.

Tranferee Alien Ownership

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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?
2) Is the applicant an alien or the representative of an alien? (Section 310(b)(1))
3) Is the applicant a corporation, or non-corporate entity, that is organized under the laws of any foreign government? (Section 310(b)(2))
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))
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))
6) Has the applicant received a declaratory ruling(s) under Section 310(b)(4) of the Communications Act?
6a) Enter the citation of the applicable declaratory ruling by DA/FCC number, FCC Record citation, release date, or any other identifying information.
7) Has there been any change in the applicant's foreign ownership since issuance of the declaratory ruling(s) cited in response to Question 6?
8) Does the applicant certify that it is in compliance with the terms and conditions of the foreign ownership declaratory ruling(s) cited in response to Question 6?
9) 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?

Licensee/Permittee Certification

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Section Question Response
General Certification Statements Licensee/Permittee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Licensee/Permittee 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.  
The Licensee/Permittee certifies that neither the Licensee/Permittee 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 Licensee/Permittee 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.


Transferee Certification

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Section Question Response
General Certification Statements
The Transferee certifies that neither the Transferee 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 Transferee 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. K. JAMES YAGER
PRESIDENT

03/29/2002

Transferor Certification

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Section Question Response
General Certification Statements
The Transferor certifies that neither the Transferor 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 Transferor 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. K. JAMES YAGER
PRESIDENT

03/29/2002

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
598681_66678.txt Applicant All Purpose EXHIBIT 2 - PRO FORMA NATURE OF APPLICATION Done with Virus Scan and/or Conversion
598681_66679.txt Applicant All Purpose EXHIBIT 5 DOCUMENTATION REGARDING TRANSFER OF CONTROL Done with Virus Scan and/or Conversion
598681_66680.txt Applicant All Purpose EXHIBIT 9 - AGREEMENTS Done with Virus Scan and/or Conversion
598681_66681.txt Applicant All Purpose EXHIBIT 10 - CHANGES IN INTERESTS Done with Virus Scan and/or Conversion