Application Form For Class A Television Broadcast Station (Page 4 of 13) in pdf

disclose in response to Item 6 whether the applicant or

application, or as required by 47 U.S.C. Section 1.65(c),

any party to the application has been the subject of a final

the applicant need only provide an identification of that

adverse finding with respect to certain relevant non-

previous submission by reference to the file number in

broadcast matters. The Commission's character policies

the case of an application, the call letters of the station

and litigation reporting requirements for broadcast

regarding which the application or Section 1.65

applicants focus on misconduct which violates the

information was filed, and the date of filing.

The

Communications Act or a Commission rule or policy and

applicant should also fully explain why the adverse

on certain specified non-FCC misconduct. In responding

finding is not an impediment to a grant of this

to Items 5 and 6, applicants should review the

application.

Commission's character qualifications policies, which are

fully set forth in Character Qualifications, 102 FCC 2d

E. Item 7: Anti-Drug Abuse Act Certification.

This

1179 (1985), reconsideration denied, 1 FCC Rcd 421

question requires the applicant to certify that neither it

(1986), as modified, 5 FCC Rcd 3252 (1990) and 7 FCC

nor any party to the application is subject to denial of

Rcd 6564 (1992).

federal benefits pursuant to the Anti-Drug Abuse Act of

1988, 21 U.S.C. Section 862.

NOTE: As used in this question, the term "party to the

application" includes any individual or entity whose

Section 5301 of the Anti-Drug Abuse Act of 1988

ownership or positional interest in the applicant is

provides federal and state court judges the discretion to

attributable.

An attributable interest is an ownership

deny federal benefits to individuals convicted of offenses

interest in or relation to an applicant or licensee which

consisting of the distribution or possession of controlled

will confer on its holder that degree of influence or

substances.

Federal benefits within the scope of the

control over the applicant or licensee sufficient to

statute include FCC authorizations. A "Yes" response to

implicate the Commission's multiple ownership rules.

Item 9 constitutes a certification that neither the

See Report and Order in MM Docket No. 83-46, 97 FCC

applicant nor any party to this application has been

2d 997 (1984), reconsideration granted in part, 58 RR 2d

convicted of such an offense or, if it has, it is not

604 (1985), further modified on reconsideration, 61 RR

ineligible to receive the authorization sought by this

2d 739 (1986).

application because of Section 5301.

Where the response to Item 5 is "No," the applicant must

NOTE: With respect to this question, the term "party to

submit an exhibit that includes an identification of the

the application" includes if the applicant is an individual,

party having had the interest, the call letters and location

that individual; if the applicant is a corporation or

of the station or file number of the application or docket,

unincorporated association, all officers, directors, or

and a description of the nature of the interest or

persons holding 5 percent or more of the outstanding

connection, including relevant dates.

The applicant

stock or shares (voting and/or non-voting) of the

should also fully explain why the unresolved character

applicant; all members if a membership association; and

issue is not an impediment to a grant of this application.

if the applicant is a partnership, all general partners and

all limited partners, including both insulated and non-

In responding to Item 6, the applicant should consider

insulated limited partners, holding a 5 percent or more

any relevant adverse finding that occurred within the past

interest in the partnership.

ten years. Where that adverse finding was fully disclosed

to the Commission in an application filed on behalf of

Item 8. Main Studio. The main studio of a Class A

this station or in another broadcast station application

station may be located at the site utilized by the station as

and the Commission, by specific ruling or by subsequent

of November 28, 1999, or at any site within the station’s

grant of the application, found the adverse finding not to

Grade B contour, as defined in 47 C.F.R. Section 73.683.

be disqualifying, it need not be reported again and the

In order to qualify as a “main studio,” the location must

applicant may respond "Yes" to this item. However, an

be equipped with appropriate equipment capable of

adverse finding that has not been reported to the

originating programming at any time. Additionally, the

Commission and considered in connection with a prior

studio must be staffed by at least one management-level

application would require a "No" response.

employee and one staff-level employee at all times

during regular business hours. See Jones, Eastern of the

Where the response to Item 6 is "No," the applicant must

Outer Banks, Inc., 6 FCC Rcd 3615 (1991), clarified, 7

provide in an exhibit a full disclosure of the persons and

FCC Rcd 6800 (1992), aff’d, 10 FCC Rcd 3759 (1995).

matters involved, including an identification of the court

Further, each Class A broadcast station must at all times

or administrative body and the proceeding (by dates and

maintain a local or toll-free telephone line from its

file numbers), and the disposition of the litigation.

community of license to its main studio, wherever

Where the requisite information has been earlier

located.

disclosed

connection

with

another

pending

Application Form For Class A Television Broadcast Station Page 4

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