Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0010 (June 2002)
FCC 323
FOR FCC USE ONLY
 
OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BOA - 20050613AEG
Section I - General Information
1. Legal Name of the Applicant 
BANKS BROADCASTING, INC.
Mailing Address
1124 MERRILL STREET
City
WINNETKA
State or Country (if foreign address)
IL
ZIP Code
60093 -
Telephone Number (include area code)
8474469995
E-Mail Address (if available) 
BANKLCH@MSN.COM
FCC Registration Number:
0007025257
Call Sign 
Facility ID Number 
0
2. Contact Representative (if other than Licensee/Permittee)
WILLIAM H. FITZ, ESQ.
Firm or Company Name
COVINGTON & BURLING
Telephone Number (include area code)
2026625120
E-Mail Address (if available)
WFITZ@COV.COM
3. Name of entity, if other than licensee or permittee, for which report is filed
BANKS BROADCASTING, INC.
Mailing Address
1124 MERRILL STREET

City
WINNETKA
State or Country (if foreign address)
IL
ZIP Code
60093 -
Telephone Number (include area code)
8474469995
E-Mail Address (if available)
BANKLCH@MSN.COM
4. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Fee-exempt Report Other BIENNIAL REPORT OF PARENT COMPANY OF TWO LICENSEES
N/A (Fee Required)



Section II - Ownership Information

5.

a. Biennial b. Transfer of Control or Assignment of License/Permit c. Other
d. Amendment to pending application


for the following stations:

[Enter Station Information]


Station List


This Report is filed for the following stations:

Call Letters
Facility ID Number
Location (City/State)
Class of service
KWCV 72348 WICHITA KS TV


Call Letters
Facility ID Number
Location (City/State)
Class of service
KNIN-TV 59363 CALDWELL ID TV



All of the information furnished in this Report is accurate as of 05/31/2005 (Date must comply with 47 C.F.R. Section 73.3615(a), i.e., information must be current within 60 days of filing of this report, when 5(a) below is checked.)

This Report is filed for (check one)
6.
Respondent is:
Sole proprietorship Not-for-profit corporation Limited partnership
For-profit corporation General partnership Other
If "Other", describe nature of the respondent in an Exhibit.
[Exhibit 1]
7.
List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613.   (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Contract/Instrument Information]


Contracts/Instruments Information


List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613. (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject shall respond.)

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
CERTIFICATE OF INCORPORATION DELAWARE CORPORATION 08/14/2000

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
CERTIFICATE OF AMENDMENT TO THE CERTIFICATE OF INCORPORATION OF LB BROADCASING, INC. (TO CHANGE NAME TO BANKS BROADCASTING, INC.) DELAWARE CORPORATION 08/28/2000

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
CERTIFICATE OF AMENDMENT TO THE CERTIFICATE OF INCORPORATION OF BANKS BROADCASTING, INC. (TO EFFECT REVERSE STOCK-SPLIT) DELAWARE CORPORATION 03/21/2001

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
BY-LAWS DELAWARE CORPORATION

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
STOCKHOLDERS' AGREEMENT BY AND AMONG BANKS BROADCASTING, INC., LYLE BANKS AND THOSE CERTAIN OTHER STOCKHOLDERS NAMED THEREIN 08/14/2000


8. Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Capitalization Information]


Capitalization


Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise excercises de facto control over the subject licensee or permittee shall respond.)

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
COMMON
V
454226
10
454216

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
SPECIAL CONVERTIBLE COMMON NON-VOTING
N
63591
63591

Class of stock (preferred, common or other)
Voting or Non-voting
Number of Shares
Authorized
Issued and Outstanding
Treasury
Unissued
SERIES A NON-VOTING CONVERTIBLE PREFERRED
N
390625
334644
55981


9.
(a.) List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
[Enter Owner Information]

Owner Information

List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
(Read carefully - The numbered items below refer to line numbers in the following table.)
1. Name and address of respondent and each party to the respondent holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the respondent first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
2. Gender (male or female).
3. Ethnicity (check one).
4. Race (select one or more).
5. Citizenship.
6. Positional interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
7. Percentage of votes.
8. Percentage of total assets (equity debt plus).

1. Name and Address BANKS BROADCASTING, INC., 1124 MERRILL STREET, WINNETKA, IL 60093
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest RESPONDENT
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address LYLE BANKS, 1124 MERRILL STREET, WINNETKA, IL 60093
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest CHAIRMAN OF THE BOARD, CEO, PRESIDENT & TREASURER
7. Percentage of votes 100.00
8. Percentage of total assets (equity debt plus) 0.03

1. Name and Address GREGORY M. SCHMIDT, 3940 MORRISON ST., N.W., WASHINGTON, DC 20015
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest VICE PRESIDENT, SECRETARY, ASST. TREASURER & DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address MARCIA L. GREENE, C/O LIN TELEVISION CORPORATION, 11 DUPONT CIRCLE, SUITE 365, WASHINGTON, DC 20036
2. Gender (male or female) Female
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest ASSISTANT SECRETARY
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address GARY R. CHAPMAN, C/O LIN TV CORP., 4 RICHMOND SQUARE, SUITE 200, PROVIDENCE, RI 02906
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address JOHN SHIMP, 1126 QUEENS ROAD, WEST, CHARLOTTE, NC 28207
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address KELVIN WALKER, 1513 BAYBERRY COURT, PLANO, TX 75093
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest DIRECTOR
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00


(b) Respondent certifies that equity and financial interests not set forth in response to Question 9(a) are non-attributable. Yes No

N/A

See Explanation in
[Exhibit 2]

(c) Is the respondent or any party holding an attributable interest in the respondent also the holder of an attributable interest in any other broadcast station or in any cable or newspaper entities in the same market or with overlapping signals in the same broadcast service, as described in 47 C.F.R. Sections 73.3555 and 76.501? Yes No
If "Yes", submit an Exhibit identifying the holder of that other attributable interest, listing the call signs, locations and facilities identifiers of such other broadcast stations, and describing the nature and size of the ownership interest and the positions held in the other broadcast, cable or newspaper entities. [Exhibit 3]
(d) Are any of the individuals listed in response to Question 9(a) related as parent-child, husband-wife, brothers and sisters?

Yes No

 

If "Yes", submit an Exhibit setting forth full information as to the family relationship

[Exhibit 4]

(e) Is respondent seeking an attribution exemption for any officer or director with duties unrelated to the licensee or permittee?

If "Yes", submit an Exhibit identifying that individual by name and title, fully describing that individual's duties and responsibilities, and explaining why that individual should not be attributed an interest.

Yes No

[Exhibit 5]



SECTION III - CERTIFICATION


I certify that I am PRESIDENT

(Official Title)


of BANKS BROADCASTING, INC.

(Exact legal title or name of respondent)


and that I have examined this Report and that to the best of my knowledge and belief, all statements in this Report are true, correct and complete.

(Date of certification must be within 60 days of the date shown in Question 5, Section II and in no event prior to that date.)

Signature
LYLE BANKS
Date
06/13/2005
Telephone Number of Respondent (Include area code) 8474469995

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 2
Description:
EXHIBIT 2 - SUPPLEMENTAL RESPONSE TO SECTION II, QUESTION 9

RESPONDENT BANKS BROADCASTING, INC., IS A MINORITY-OWNED ENTERPRISE IN WHICH LYLE BANKS, A VETERAN BROADCASTER, IS THE SINGLE MAJORITY VOTING SHAREHOLDER.   BANC OF AMERICA CAPITAL INVESTORS SBIC I, LLP (FUND A) AND 21ST TELEVISION, LLC (FUND B AND, TOGETHER WITH FUND A, THE FUND INVESTORS), HOLD 32% AND 18%, RESPECTIVELY, OF THE NONVOTING PREFERRED STOCK OF RESPONDENT.   THE FUND INVESTORS DO NOT HAVE AN EQUITY DEBT PLUS OR OTHER ATTRIBUTABLE INTEREST IN THE TWO TELEVISION STATIONS OWNED BY SUBSIDIARIES OF RESPONDENT.   NEITHER HAS A RIGHT TO DESIGNATE A MEMBER OF RESPONDENTS BOARD OF DIRECTORS (BOARD), AND NONE OF THEIR OFFICERS OR EMPLOYEES (OR THOSE OF A GENERAL PARTNER OR CONTROLLING LLC MEMBER) SERVE ON THE BOARD.   RESPONDENT DIRECTOR JOHN SHIMP IS AN EMPLOYEE OF A NON-CONTROLLING AFFILIATE-LIMITED PARTNER INVESTOR OF FUND A, AND DIRECTOR KELVIN WALKER IS AN EMPLOYEE OF A NON-INVESTOR LIMITED PARTNERSHIP THAT IS A NON-CONTROLLING AFFILIATE OF FUND B.   WHILE NEITHER DIRECTOR SHIMP NOR DIRECTOR WALKER IS AN EMPLOYEE OF A FUND INVESTOR (OR A PARTY CONTROLLING A FUND INVESTOR), FOR SO LONG AS THEY ARE AN EMPLOYEE OF AN AFFILIATE OF A FUND INVESTOR, RESPONDENT HAS ESTABLISHED AND IMPLEMENTED, AND DIRECTORS SHIMP AND WALKER HAVE AGREED TO, RECUSAL PROCEDURES WHICH INSULATE EACH OF THEM FROM PARTICIPATING IN DECISIONS (OR DISCUSSIONS LEADING UP TO DECISIONS) BY THE BOARD RELATING TO (1) PROGRAMMING, SALE OF ADVERTISING OR PERSONNEL (AT GENERAL MANAGER LEVEL AND BELOW) OF ANY STATION IN WHICH RESPONDENT HAS AN ATTRIBUTABLE INTEREST OR TO OTHER MATTERS INVOLVING THE DAY-TO-DAY OPERATIONS AT ANY SUCH STATION AND (2) ANY TRANSACTION INVOLVING RESPONDENT THAT RELATES TO A BROADCAST STATION, DAILY NEWSPAPER OR CABLE TELEVISION SYSTEM IN WHICH THE APPLICABLE FUND INVESTOR HAS AN ATTRIBUTABLE INTEREST.

IN RESPONSE TO QUESTION 9(A)(8), IT IS NOTED THAT THERE ARE NOT ANY PARTIES WITH AN ATTRIBUTABLE INTEREST IN RESPONDENT PURSUANT TO THE FCC'S EQUITY DEBT PLUS ATTRIBUTION STANDARD.


Attachment 2


Exhibit 3
Description:
EXHIBIT 3 - OTHER BROADCAST INTERESTS OF PARTIES

IN ADDITION TO THEIR INTEREST IN THE TWO STATIONS THAT ARE THE SUBJECT OF THIS REPORT, RESPONDENT'S OFFICERS GREGORY M. SCHMIDT AND MARCIA L. GREENE AND DIRECTOR GARY R. CHAPMAN, ARE DIRECTORS AND/OR OFFICERS OF LIN TV CORP. ('LIN'), WHICH IS THE ULTIMATE OWNER OF THE TWENTY-SEVEN STATIONS ON THE ATTACHMENT, WHICH LIN OPERATES THROUGH SUBSIDIARIES.


Attachment 3
Description
Broadcast Interests of Parties with an Attributable Interest in Respondent