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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:
BTC-20131101ADN
Submit Date:
11/01/2013
Lead Call Sign:
WSB
FRN:
0029120201
Service:
Full Power AM
Purpose:
Transfer of Control
Status:
Granted
Status Date:
11/18/2013
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: Voluntary

Authorizations to be Transferred

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Selected Call Signs

Call Sign Facility ID File Number Service City, State
WSB 73977 BTC-20131101ADN AM ATLANTA, GA
WHIO 14244 BTC-20131101ADS AM DAYTON, OH
WDBO 48726 BTC-20131101AEP AM ORLANDO, FL
KKYX 48723 BTC-20131101AER AM SAN ANTONIO, TX
KONO 50029 BTC-20131101AEU AM SAN ANTONIO, TX
KRMG 48729 BTC-20131101AFF AM TULSA, OK
WGAU 11709 BTC-20131101AFI AM ATHENS, GA
WRFC 1218 BTC-20131101AFL AM ATHENS, GA
W291CI 153382 BTCFT-20131101AFO FX JACKSONVILLE, FL
WSB-FM 73978 BTCH-20131101ADO FM ATLANTA, GA
WSBB-FM 11710 BTCH-20131101ADP FM DORAVILLE, GA
WALR-FM 48728 BTCH-20131101ADQ FM PALMETTO, GA
WSRV 59970 BTCH-20131101ADR FM GAINESVILLE, GA
WHKO 14245 BTCH-20131101ADT FM DAYTON, OH
WHIO-FM 73908 BTCH-20131101ADU FM PLEASANT HILL, OH
WZLR 15649 BTCH-20131101ADV FM XENIA, OH
KTHT 65308 BTCH-20131101ADW FM CLEVELAND, TX
KKBQ-FM 23083 BTCH-20131101ADX FM PASADENA, TX
KGLK 59951 BTCH-20131101ADY FM LAKE JACKSON, TX
KHPT 69564 BTCH-20131101ADZ FM CONROE, TX
WJGL 53590 BTCH-20131101AEA FM JACKSONVILLE, FL
WAPE-FM 70863 BTCH-20131101AEB FM JACKSONVILLE, FL
WHJX 28894 BTCH-20131101AEC FM PONTE VEDRA BEACH, FL
WOKV-FM 72081 BTCH-20131101AED FM ATLANTIC BEACH, FL
WBLI 37235 BTCH-20131101AEE FM PATCHOGUE, NY
WBAB 71199 BTCH-20131101AEF FM BABYLON, NY
WHFM 72176 BTCH-20131101AEG FM SOUTHAMPTON, NY
WFLC 72984 BTCH-20131101AEH FM MIAMI, FL
WFEZ 40408 BTCH-20131101AEI FM MIAMI, FL
WEDR 71418 BTCH-20131101AEJ FM MIAMI, FL
WHQT 72982 BTCH-20131101AEK FM CORAL GABLES, FL
WCFB 10343 BTCH-20131101AEL FM DAYTONA BEACH, FL
WPYO 1186 BTCH-20131101AEM FM MAITLAND, FL
WDBO-FM 23443 BTCH-20131101AEN FM ORLANDO, FL
WMMO 23444 BTCH-20131101AEO FM ORLANDO, FL
WWKA 48716 BTCH-20131101AEQ FM ORLANDO, FL
KCYY 48718 BTCH-20131101AES FM SAN ANTONIO, TX
KTKX 70357 BTCH-20131101AET FM TERRELL HILLS, TX
KONO-FM 50030 BTCH-20131101AEV FM HELOTES, TX
KISS-FM 34976 BTCH-20131101AEW FM SAN ANTONIO, TX
KSMG 34977 BTCH-20131101AEX FM SEGUIN, TX
WSUN-FM 67136 BTCH-20131101AEY FM HOLIDAY, FL
WXGL 74199 BTCH-20131101AEZ FM ST. PETERSBURG, FL
WHPT 51986 BTCH-20131101AFA FM SARASOTA, FL
WWRM 74200 BTCH-20131101AFB FM TAMPA, FL
WPOI 66013 BTCH-20131101AFC FM ST. PETERSBURG, FL
WDUV 1178 BTCH-20131101AFD FM NEW PORT RICHEY, FL
KRAV-FM 65764 BTCH-20131101AFE FM TULSA, OK
KJSR 9801 BTCH-20131101AFG FM TULSA, OK
KRMG-FM 47102 BTCH-20131101AFH FM SAND SPRINGS, OK
WGMG 48374 BTCH-20131101AFJ FM CRAWFORD, GA
WNGC 60810 BTCH-20131101AFK FM ARCADE, GA
WXKT 3078 BTCH-20131101AFM FM MAYSVILLE, GA
WPUP 51120 BTCH-20131101AFN FM WATKINSVILLE, GA

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)? 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)?
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

WSB, INC.

Applicant

Doing Business As: COX RADIO, INC.

6205 PEACHTREE DUNWOODY ROAD

ATLANTA, GA 30328

United States

+1 (678) 645-0000

0001842533

Licensee/Permittee Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

DAYTON-COX TRUST A

6205 PEACHTREE DUNWOODY ROAD

ATLANTA, GA 30328

United States

+1 (678) 645-0000

MICHAEL D. BASILE, ESQ.

DOW, LOHNES & ALBERTSON,PLLC

1200 NEW HAMPSHIRE AVENUE, NW

SUITE 800

WASHINGTON, DC 20036

+1 (202) 776-2000

MDBASILE@DOWLOHNES.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

DAYTON-COX TRUST A

Assignor

Doing Business As: DAYTON-COX TRUST A

Other

6205 PEACHTREE DUNWOODY ROAD

ATLANTA, GA 30328

+1 (678) 645-0000

0001842533

Transferor Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

MICHAEL D. BASILE, ESQ.

DOW, LOHNES & ALBERTSON,PLLC

1200 NEW HAMPSHIRE AVENUE, NW

SUITE 800

WASHINGTON, DC 20036

+1 (202) 776-2000

MDBASILE@DOWLOHNES.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
No
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.
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. N/A
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

COX FAMILY VOTING TRUST

Assignee

Doing Business As: COX FAMILY VOTING TRUST

Other

6205 PEACHTREE DUNWOODY ROAD

ATLANTA, GA 30328

+1 (678) 645-0000

0023075997

Transferee Contact Representatives (1)

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Contact Name Address Phone Email Contact Type

MICHAEL D. BASILE, ESQ.

DOW, LOHNES & ALBERTSON,PLLC

1200 NEW HAMPSHIRE AVENUE, NW

SUITE 800

WASHINGTON, DC 20036

+1 (202) 776-2000

MDBASILE@DOWLOHNES.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.
No
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.
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. JIMMY W. HAYES
TRUSTEE

10/31/2013

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. JIMMY W. HAYES
TRUSTEE

10/31/2013

Attachments

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File Name Uploaded By Attachment Type Description Upload Status
1585128_1152130.txt Applicant All Purpose EXHIBIT 14 Done with Virus Scan and/or Conversion
1585128_13472932.pdf Applicant All Purpose Agreements for Transfer of Control Done with Virus Scan and/or Conversion
1585128_13472936.pdf Applicant All Purpose Description of Transaction Done with Virus Scan and/or Conversion
1585128_13472937.pdf Applicant All Purpose Other Authorizations Done with Virus Scan and/or Conversion