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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  02-  2049 
 August  22,  2002 


 MEDIA  BUREAU  ANNOUNCES  INTERIM  FILING  AND  CERTIFICATION  REQUIREMENTS  REGARDING  SUBMISSION  OF  CONTRACTS  WITH 
 ASSIGNMENT/  TRANSFER  OF  CONTROL  APPLICATIONS 


 The  Instructions  to  FCC  Forms  314  (Application  for  Consent  to  Assignment  of  Broadcast  Station  Construction  Permit  or  License),  315  (Application  for  Consent  to  Transfer  Control  of 
 Entity  Holding  Broadcast  Station  Construction  Permit  or  License),  and  316  (Short-  Form  Application  for  Consent  To  Assign  Broadcast  Construction  Permit  or  License  or  Transfer  of 
 Control  of  Entity  Holding  Broadcast  Station  Construction  Permit  or  License)  currently  require  the  filing  of  “a  complete  and  final  copy  of  the  unredacted  contract  for  the  sale  of  the 
 authorizations  .  .  .  ,  including  all  exhibits  and  attachments.”  Applicants  also  must  certify  whether  they  have  complied  with  this  requirement. 


 In  a  Memorandum  Opinion  and  Order  released  today,  the  Commission  concludes  that  the  contract  submission  requirements  should  be  relaxed  to  permit  applicants  to  exclude  contract 
 attachments  that  are  not  material  to  the  Commission’s  analysis  of  the  transaction  and  directs  the  staff  to  revise  the  Forms’  Instructions  and  certifications  accordingly.  1  Until  the  revised  Forms 
 are  issued,  the  Media  Bureau  hereby  announces  interim  filing  and  certification  procedures,  effective  immediately,  as  set  forth  in  the  LUJ  Decision.  2  Applicants  that  submit  a  complete  and 
 final  copy  of  the  sales  contract,  including  all  exhibits  and  attachments,  may  respond  “Yes”  to  the  applicable  Item  of  the  relevant  Form.  3  Applicants  --  Assignors/  Licensees/  Transferors  and 
 Assignees/  Transferees  alike  --  that  choose  to  omit  certain  of  the  transaction  documents  which  contain  information  that  is  not  material  for  Commission  processing  purposes  must  respond  “No” 
 to  the  applicable  Item  of  the  Form.  In  the  latter  circumstance,  applicants  must  also  submit  an  exhibit  describing  each  of  the  omitted  documents,  stating  both  the  specific  reason(  s)  for  the 


 1  See  LUJ,  Inc.,  Assignor,  FCC  No.  02-  235  (released  August  22,  2002)  (the  “LUJ  Decision”)  ¶  7. 
 2  See  id.  ¶  8. 
 3  In  Form  314,  for  example,  the  applicable  Items  are  Item  3  in  Section  II  for  the  Assignor,  and  Item  3  in 
 Section  III  for  the  Assignee. 
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 omission  and  the  basis  for  the  determination  that  the  omitted  documentation  is  not  material  to  the  Commission’s  consideration  of  the  subject  application.  Examples  of  documents  that  normally 
 would  not  be  material  to  the  Commission’s  processing  of  the  application  are  employee  benefit  plans  and  lists  of  vendor  supply  contracts  being  assumed  by  the  buyer. 


 We  remind  applicants  that  the  failure  to  submit  documentation  containing  all  material  terms  of  an  agreement  for  the  assignment  or  transfer  of  control  of  a  broadcast  authorization, 
 including  the  sales  price,  will  delay  processing  of  the  application  and  may  result  in  the  Bureau  providing  the  public  with  an  additional  thirty-  day  public  comment  period  following  the 
 submission  of  all  such  documentation. 


 Action  by  the  Chief,  Media  Bureau 
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