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Licensing and Management System

Approved by OMB 3060-0031
October 2020
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission) Assignments

Lead File Number:
BALEDT-20130417AAX
Submit Date:
04/17/2013
Lead Call Sign:
KSPS-TV
FRN:
0022622922
Service:
Full Service Television
Purpose:
Assignment of Authorization
Status:
Superceded
Status Date:
06/12/2013
Filing Status:
Inactive


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? Yes
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:

Assignments Type

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Question Response
Is this application a pro forma Assignment of Authorization? No
By answering "Yes" the Applicant certifies that the use of short form pro forma application is appropriate for this transaction?
Is the Assignment Voluntary or Involuntary:

Authorizations to be Assigned

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Selected Call Signs

Call Sign Facility ID File Number Service City, State
K26LJ-D 61953 BALDTT-20130417AAZ LPD COEUR D'ALENE, ID
K49LX-D 61954 BALDTT-20130417ABB LPD SANDPOINT, ID
K46LI-D 61958 BALDTT-20130417ABC LPD BAKER FLATS AREA, WA
K24JN-D 50531 BALDTT-20130417ABD LPD LEWISTON, ID
K07JO-D 64467 BALDTV-20130417AAY LPD CHELAN BUTTE, WA
KSPS-TV 61956 BALEDT-20130417AAX DTV SPOKANE, WA
K32EU 61957 BALTT-20130417ABA LPA MISSOULA, MT

Assignment 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)? No
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)? No
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)? No
Have all such stations operated for at least 4 years with a minimum operating schedule since grant?
Do both the assignor and assignee 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).

Assignor Information

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Assignor Name, Type, and Contact Information

Assignor Type Address Phone Email FRN

SPOKANE SCHOOL DISTRICT #81

Assignor

Doing Business As: SPOKANE SCHOOL DISTRICT #81

Other

200 N. BERNARD STREET

SPOKANE, WA 99201

United States

+1 (509) 354-7272

MARKA@SPOKANESCHOOLS.ORG

0001576057

Assignor Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

JOHN CRIGLER, ESQ.

GARVEY SCHUBERT BARER

5TH FLOOR, FLOUR MILL BUILDING

1000 POTOMAC STREET, NW

WASHINGTON, DC 20007

+1 (202) 965-7880

JCRIGLER@GSBLAW.COM

Assignor Legal Certifications

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Section Question Response
Agreements for Sale/Transfer of Station Assignor certifies that:
(i) it has placed in Assignor'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 Assignor and Assignee; and
(iii) these agreements comply fully with the Commission's rules and policies
No
If the transaction is involuntary, the Assignor 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.
Other Authorizations Please upload an attachment detailing the call signs, locations, and facility identifiers of all other broadcast stations in which assignor or any party to the application has an attributable interest. N/A
Character Issues Assignor 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
Adverse Findings Assignor certifies that, with respect to the Assignor 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 Assignor certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes
Auction Authorization Assignor 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. N/A
Anti-Discrimination Certification Assignor 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. N/A

Assignee Information

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Assignee Name, Type, and Contact Information

Assignee Type Address Phone Email FRN

FRIENDS OF KSPS

Assignee

Doing Business As: FRIENDS OF KSPS

Other

3911 S REGAL ST

SPOKANE, WA 99223

United States

+1 (509) 354-7800

0022622922
Section Question Response File Number
Radio Station Applicants Only If the station(s) being assigned is noncommercial educational or LPFM, the Assignee certifies that the Commission had previously granted a broadcast application, identified here by file number, that found this Assignee qualified as a noncommercial educational entity with a qualifying educational program, and that the Assignee will use the station(s) to advance a program similar to that the Commission has found qualifying in the Assignee's previous application.

Assignee Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

MARGARET L. MILLER, ESQ.

DOW LOHNES PLLC

1200 NEW HAMPSHIRE AVE., N.W.

SUITE 800

WASHINGTON, DC 20036

+1 (202) 776-2000

MMILLER@DOWLOHNES.COM

Changes in Interest (0)

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

Changes in Interest Certification

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

Parties to the Application (18)

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Party Name Citizenship Address Phone Email Positional Interest

GARY STOKES

United States

1719 S. CANYON WOODS LANE SPOKANE

WA 99224

Positional Interest:
EXECUTIVE DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

STEVE WALTHER

United States

4615 EAST ECHO GLEN DRIVE SPOKANE

WA 99223

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

DEBORAH M. SIMOCK

United States

3512 S. SUNDOWN DR. SPOKANE VALLEY

WA 99220

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

ROSEMARY SELINGER

United States

5441 S QUAIL RIDGE CIR. SPOKANE

WA 99223

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

MARY PHILLIPS-RICKEY

Canada

R 0P3

Positional Interest:
DIRECTOR
Citizenship:
Canada
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

ROBERT STUART MORRISON

United States

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

KELLY KONKRIGHT

United States

3212 S. LLOYD LANE SPOKANE

WA 99223

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

MARY JOAN HAHN

Canada

1208 W. 18TH AVE. SPOKANE

WA 99203

Positional Interest:
DIRECTOR
Citizenship:
Canada
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

PATRICIA DAHMEN

United States

12612 E APACHE PASS ROAD SPOKANE

WA 99206

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

MARY BROWN

United States

4115 S. MARTIN SPOKANE

WA 99203

Positional Interest:
DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

SUSAN S. CHAPIN

United States

4423 S. MADELIA ST. SPOKANE

WA 99223

Positional Interest:
SPOKANE PUBLIC SCHOOLS REPRESENTATIVE, DIRECTOR
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

MARK ANDERSON SPOKANE WA

United States

Positional Interest:
SPOKANE PUBLIC SCHOOLS EX-OFFICIO
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

ROBERTA BROOKE

United States

604 W 19TH AVENUE SPOKANE

WA 99203

Positional Interest:
IMMEDIATE PAST PRESIDENT
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

CLINT MARVEL

United States

4010 S. WOODRUFF RD. SPOKANE VALLEY

WA 99206

Positional Interest:
CO-TREASURER
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

JEFFREY ADAMS

United States

524 W. 7TH APT. 410 SPOKANE

WA 99204

Positional Interest:
CO-TREASURER
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

MARVIN REGUINDIN

United States

1402 S. ASH SPOKANE

WA 99203

Positional Interest:
SECRETARY
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

LEON J. STEVENS

United States

14221 E. BURNETT RD. SPOKANE

WA 99217

Positional Interest:
PRESIDENT
Citizenship:
United States
Percentage of Votes:
6.2%
Percentage of Total Assets:
0%

FRIENDS OF KSPS

Namibia

3911 S REGAL ST SPOKANE

WA 99223

Positional Interest:
ENTITY
Citizenship:
Namibia
Percentage of Votes:
100%
Percentage of Total Assets:
100%

Parties to the Application Certification

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

Assignee Legal Certifications

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Section Question Response
Agreements for Sale Assignee certifies that:
(a) the written agreements in the Assignee'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.
No
Other Authorizations Please upload an attachment detailing the call signs, locations, and facility identifiers of all other broadcast stations in which Assignee or any party to the application has an attributable interest.
Multiple Ownership Is the assignee or any party to the application the holder of an attributable radio or television 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? No
Assignee certifies that the proposed assignment complies with the Commission's multiple ownership rules and cross-ownership rules. Yes
Assignee 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.
Yes
Does the Assignee 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)?
No
Does this assignment include a grandfathered cluster of stations? No
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.
NCE Diversity of Ownership Points. Does the assignee or any party to the application have an attributable interest in an NCE FM or NCE TV station received through the award of “diversity of ownership” points in the point system analysis? N/A
If ‘Yes,’ the assignee certifies that (1) its attributable NCE FM or NCE TV station has been on the air for at least four years; and/or (2) none of the proposed assigned stations overlap the principal community contour of the NCE FM or NCE TV station received through the award of diversity points in the point system analysis (see 47 CFR Section 73.7005(c)).
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.
Character Issues Assignee certifies that neither assignee 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 Assignee certifies that, with respect to the assignee 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 Assignee 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. Yes
Program Service Certification Assignee 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. Yes
Auction Authorization Assignee 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. N/A
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. Yes

Assignee 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?

Assignee Certification

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Section Question Response
General Certification Statements Assignee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinentstandards and criteria set forth in the application instructions and worksheets.  
The Assignee certifies that neither the Assignee 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 Assignee 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. GARY STOKES
EXECUTIVE DIRECTOR

04/17/2013

Assignor Certification

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Section Question Response
General Certification Statements Assignor certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignor further certifies that where it has made an affirmative certification below, this certification constitutes its representation that the application satisfies each of the pertinentstandards and criteria set forth in the application instructions and worksheets.  
The Assignor certifies that neither the Assignor 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 Assignor 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. DR. MARK ANDERSON
ASSOCIATE SUPERINTENDENT

04/16/2013

Attachments

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Information not provided.