Federal Communications Commission
Washington, D.C. 20554		 Approved by OMB
3060-0009 (June 2010)
FCC 316
FOR FCC USE ONLY
 
APPLICATION FOR CONSENT TO ASSIGN BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE OR TO TRANSFER CONTROL OF ENTITY HOLDING BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE

Read INSTRUCTIONS Before Filling Out Form

 FOR COMMISSION USE ONLY
FILE NO.
BALCT - 20081110AGV
Section I - General Information
1. Legal Name of the Licensee/Permittee
GRAY TELEVISION LICENSEE, INC.
Mailing Address
1750 K STREET N.W.
SUITE 1200
City
WASHINGTON 		State or Country (if foreign address)
DC 		Zip Code
20006 -
Telephone Number (include area code)
2027194551 		E-Mail Address (if available)
FCC Registration Number:
0002746022
 Call Sign
KAKE-TV
 Facility ID Number
65522
2. Contact Representative (if other than licensee/permittee)
JOAN STEWART, ESQ.
 Firm or Company Name
WILEY REIN LLP
Mailing Address
1776 K STREET NW
City
WASHINGTON 		State or Country (if foreign address)
DC 		ZIP Code
20006 -
Telephone Number (include area code)
2027197438
E-Mail Address (if available)
JSTEWART@WILEYREIN.COM
3. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Noncommercial Educational Licensee/Permittee Other
N/A (Fee Required)
4.
a.  Voluntary Assignment or Transfer of Control  Involuntary Assignment or Transfer of Control
Amendment to pending application
File number of pending application: -

If an amendment, submit as an Exhibit a listing, by Section and Question Number, of the portions of the pending application that are being revised.

[Exhibit 1]

b.

Applicant certifies that the use of FCC Form 316 is appropriate for this transaction.

 
Yes No
See Explanation in
[Exhibit 2]
5.

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)?

If yes, list pertinent authorizations in an Exhibit.

Yes No

[Exhibit 3]


NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section II - Assignor/Transferor

1. Certification.   Assignor/Transferor certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignor/Transferor 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. Yes No
2.
Application for (check one): Consent to Assign Construction Permit Consent to Transfer Control of Permittee
Consent to Assign License Consent to Transfer Control of Licensee
Amendment to pending application
3.
Legal Name of the Assignor/Transferor
GRAY TELEVISION LICENSEE, INC.
Mailing Address
1750 K STREET N.W.
SUITE 1200
City
WASHINGTON 		State or Country (if foreign address)
DC 		Zip Code
20006 -
Telephone Number (include area code)
2027194551 		E-Mail Address (if available)
4.
Contact Representative (if other than Assignor/Transferor)
JOAN STEWART
 Firm or Company Name
WILEY REIN LLP
Mailing Address
1776 K STREET, NW
City
WASHINGTON 		State or Country (if foreign address)
DC 		Zip Code
20006 -
Telephone Number (include area code)
2027197438
E-Mail Address (if available)
JSTEWART@WILEYREIN.COM
 
If more than one Transferor, submit the information requested in Questions 3 and 4 for each transferor.
[Exhibit 4]
5. Authorizations to be Assigned/Transferred. List the authorized stations and construction permits to be assigned/transferred. Provide the Facility Identification Number and the Call Sign, or the Facility Identification Number and the File Number of the Construction Permit, and the location, for each station to be assigned/transferred. Include main stations, FM and/or TV translator stations, LPTV stations, FM and/or TV booster stations.

[Enter Station Information]

List the authorized stations and construction permits to be assigned/transferred. Provide the Facility Identification Number and the Call Sign, or the Facility Identification Number and the File Number of the Construction Permit, and the location, for each station to be assigned/transferred. Include main stations, FM and/or TV translator stations, LPTV stations,, FM and/or TV booster stations.

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65522 KAKE-TV - WICHITA KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
6669 KBTX-TV - BRYAN TX

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7894 KGIN - GRAND ISLAND NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
24766 KKCO - GRAND JUNCTION CO

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35037 KKTV - COLORADO SPRINGS CO

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65523 KLBY - COLBY KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7890 KOLN - LINCOLN NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
63331 KOLO-TV - RENO NV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65535 KUPK-TV - GARDEN CITY KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35903 KWTX-TV - WACO TX

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35954 KXII - SHERMAN TX

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4692 WBKO - BOWLING GREEN KY

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
363 WCAV - CHARLOTTESVILLE VA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
31590 WCTV - THOMASVILLE GA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7893 WEAU-TV - EAU CLAIRE WI

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4688 WHSV-TV - HARRISONBURG VA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
63160 WIBW-TV - TOPEKA KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4689 WIFR - FREEPORT IL

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
6863 WILX-TV - ONONDAGA MI

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
594 WITN-TV - WASHINGTON NC

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
73136 WJHG-TV - PANAMA CITY FL

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
24914 WKYT-TV - LEXINGTON KY

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
6870 WMTV - MADISON WI

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
41674 WNDU-TV - SOUTH BEND ID

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65528 WOWT-TV - OMAHA NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
73937 WRDW-TV - AUGUSTA GA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
6867 WSAW-TV - WAUSAU WI

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
36912 WSAZ-TV - HUNTINGTON WV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
28155 WSWG - VALDOSTA GA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4685 WTAP-TV - PARKERSBURG WV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4686 WTOK-TV - MERIDIAN MS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4152 WTVY - DOTHAN AL

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35908 WVLT-TV - KNOXVILLE TN

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
24915 WYMT-TV - HAZARD KY

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35955 K02EQ - PARIS TX

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35036 K10LI - CANON CITY CO

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
17505 K12IX - AUSTIN NV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65533 K25CV - HAYS KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7888 K25GM - NEWPORT NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7889 K28GC - GOTHENBURG NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7892 K30FV - CAMBRIDGE NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65534 K30GD - GREAT BEND KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7896 K33FF - WALLACE, ECT. NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65529 K38GH - RUSSELL KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7887 K43FX - O'NEILL NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
17504 K49CK - STEAD/LAWTON NV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
43670 K50EZ - MONTROSE, ETC. CO

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
65527 K51GC - SALINA KS

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7897 K53GC - NELIGH NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7895 K55AF - COZAD NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
35038 K57CB - ROMEO, ETC. CO

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
7891 K57CZ - NORTH PLATTE, ETC. NE

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
36921 W16CE - CHARLESTON WV

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
22151 W57AR - SAYNER/VILAS COUNTY WI

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
47705 WAHU-CA - CHARLOTTESVILLE VA

Facility ID Number
 Call Sign or Construction Permit File Number
City
State
4687 WVAW-LP - CHARLOTTESVILLE VA

6.
Agreements for Sale/Transfer of Station.
a. If the transaction is voluntary, Assignor/Transferor certifies that:
  i. it has placed in licensee's/permittee's public inspection file(s) and submitted as an exhibit to this item copies of all agreements for the assignment/transfer of the station(s);
  ii. these documents embody the complete and final understanding between assignor/transferor and assignee/transferee; and
  iii. these agreements comply fully with the Commission's rules and policies.
b. If the transaction is involuntary, the Assignor/Transferor certifies that court orders or other authorizing documents have been issued and that it has placed in the licensee's/permittee's public inspecition file(s) and submitted to the Commission copies of such court orders or other authorizing documents.
Exhibit Required
Yes No
N/A

[Exhibit 5]


Yes No
N/A

[Exhibit 6]
7.
Character Issues. Assignor/Transferor 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 No

See Explanation in
[Exhibit 7]
8.
Adverse Findings. Assignor/Transferor certifies that, with respect to the assignor/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 No
See Explanation in
[Exhibit 8]
9. Auction Authorization. Assignor/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. Yes No
N/A

See Explanation in
[Exhibit 9]
10. Anti-Drug Abuse Act Certification. Assignor/Transferor certifies that neither licensee/permittee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations.

Typed or Printed Name of Person Signing
ROBERT A. BEIZER 		Typed or Printed Title of Person Signing
SECRETARY
Signature
 Date
11/10/2008
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).


NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided.

Section III - Assignee/Transferee

1. Certification.   Assignee/Transferee certifies that it has answered each question in this application based on its review of the application instructions and worksheets. Assignee/Transferee 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. Yes No
2.
Legal Name of the Assignee/Transferee
GRAY TELEVISION LICENSEE, LLC
Mailing Address
1750 K STREET, N.W.
SUITE 1200
City
WASHINGTON 		State or Country (if foreign address)
DC 		Zip Code
20006 -
Telephone Number (include area code)
2027194551 		E-Mail Address (if available)
3.
Contact Representative (if other than Assignee/Transferee)
JOAN STEWART
 Firm or Company Name
WILEY REIN LLP
Mailing Address
1776 K STREET, NW
City
WASHINGTON 		State or Country (if foreign address)
DC 		Zip Code
20006 -
Telephone Number (include area code)
2027197438
E-Mail Address (if available)
JSTEWART@WILEYREIN.COM
 
If more than one Transferee, submit the information requested in Questions 2 and 3 for each transferee.
[Exhibit 10]
4.
Agreements for Sale/Transfer of Station. Assignee/Transferee certifies that:
a. the written agreements in the licensee/permittee's public inspection file 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 No
[Exhibit 11]
5. Changes in interests as a result of assignment/transfer.
a. [Enter Changes in Interests Information]
or [Exhibit 12]
 
 
b. Applicant certifies that equity interests not set forth above are non-attributable.
Yes No

N/A

[Exhibit 13]
6. Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast stations in which assignee/transferee or any party to the application has an attributable interest. N/A

[Exhibit 14]
7. Acquisition of Control. List 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

[Exhibit 15]
8.
Character Issues. Assignee/Transferee certifies that neither assignee/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 No

See Explanation in
[Exhibit 16]
9.
Adverse Findings. Assignee/Transferee certifies that, with respect to the assignee/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 No

See Explanation in
[Exhibit 17]
10. Alien Ownership and Control. Assignee/Transferee certifies that it complies with the provisions of Section 310 of the Communications Act of 1934, as amended, relating to interests of aliens and foreign governments. Yes No

See Explanation in
[Exhibit 18]
11. Auction Authorization. Assignee/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. Yes No
N/A

See Explanation in
[Exhibit 19]
12. Anti-Drug Abuse Act Certification. Assignee/transferee certifies that neither licensee/permittee nor any party to the application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. Section 862. Yes No

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the Communications Act of 1934, as amended.)

Typed or Printed Name of Person Signing
ROBERT A. BEIZER 		Typed or Printed Title of Person Signing
SECRETARY
Signature
 Date
11/10/2008
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: USE OF FORM 316

PLEASE SEE EXHIBIT 10.
Attachment 2

Exhibit 5
Description: AGREEMENTS

ATTACHED IS THE CERTIFICATE OF SECRETARY AND UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF GRAY TELEVISION, INC. CONSENTING TO THE CONVERSION OF GRAY TELEVISION LICENSEE, INC. TO A LIMITED LIABILITY COMPANY. NO OTHER AGREEMENTS WERE EXECUTED IN CONNECTION WITH THE PROPOSED TRANSACTION.
Attachment 5
Description
Consent

Exhibit 11
Description: AGREEMENTS

PLEASE SEE EXHIBIT 4.
Attachment 11

Attachment 12
Description
Changes in Interest

Exhibit 14
Description: OTHER AUTHORIZATIONS

ALL STATIONS IN WHICH ASSIGNEE OR ANY PARTY TO THE APPLICATION HAS AN ATTRIBUTABLE INTEREST IS LISTED IN SECTION II, QUESTION 5.

ADDITIONALLY, GRAY TELEVISION LICENSEE, INC. HOLDS CONSTRUCTION PERMITS FOR THE FOLLOWING DIGITAL COMPANION CHANNEL FACILITIES, WHICH ARE ASSOCIATED WITH CERTAIN ANALOG TV TRANSLATOR OR CLASS A STATIONS LISTED IN SECTION II, QUESTION 5:

K24HO-D (FACILITY ID 167157), DIGITAL COMPANION CHANNEL TO K02EQ (FACILITY ID 35955),

K49JX-D (FACILITY ID167155), DIGITAL COMPANION CHANNEL TO K50EZ (FACILITY ID 43670),

W42DH-D (FACILITY ID 167156), DIGITAL COMPANION CHANNEL TO W57AR (FACILITY ID 22151), AND

WAHU-CA (FACILITY ID 167154), DIGITAL COMPANION CHANNEL TO WAHU-CA (FACILITY ID NO. 47705).

Attachment 14

Attachment 15
Description
Acquisition of Control