*Pages 1--2 from Microsoft Word - 49426.doc* Federal Communications Commission Washington, D. C. 20554 DA 05- 1695 Released: June 20, 2005 CFM Communications, LLC c/ o Kathleen Victory, Esq. Fletcher, Heald & Hildreth, PLC 11 th Floor 1300 North 17 th St. Arlington, VA 22209- 3801 Lincoln Broadcasting, LLC c/ o Marissa G. Repp, Esq. Hogan & Hartson, LLP 555 13 th Street, NW Washington, DC 20004 Gray Television Licensee, Inc. c/ o Peter Gutmann Womble, Carlyle, Sandridge & Rice, PLLC Seventh Floor 1401 I St., N. W. Washington, DC 20554 Re: KOWH( TV), Lincoln, Nebraska; ID No. 84453; File No. BTCCT- 20040330BDM; Application for Transfer of Control Dear Counsel: This letter is in regard to the application of Lincoln Broadcasting, LLC (Lincoln), permittee of station KOWH( TV), Lincoln, Nebraska, to transfer control of Lincoln from World Investments, Inc. (World) to CFM Communications, LLC (CFM). On June 3, 2005, counsel for Mitts Telecasting Company (Mitts), licensee of KXVO( TV), Omaha, Nebraska, filed a copy of the transcript of the April 13, 2005 deposition of Carol Miller, principal of CFM, which had been taken in the context of litigation between Mitts and CFM. In its transmittal letter, counsel for Mitts states that they were informed on May 31, 2005, seven days after grant of the transfer in this proceeding, that Ms. Miller had reviewed her deposition transcript and did not have any changes or corrections to make. Mitts is not a party to this proceeding and the actual dispute between Mitts and CFM is not connected to this proceeding. However, the sworn statements made by Ms. Miller in her deposition raise serious questions regarding the truthfulness of representations made in CFM’s 1 2 application to acquire Lincoln from World. These questions require further review by this agency. 1 ACCORDINGLY, the previous grant of the application to transfer control of Lincoln Broadcasting, LLC, permittee of station KOWH( TV), Lincoln, Nebraska, from World Investments, Inc. to CFM Communications, LLC (File No. BTCCT- 20040330BDM) is RESCINDED pending further review of the application. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Colins Broadcasting Company c/ o Michael D. Basile, Esq. Dow, Lohnes & Albertson, PLLC Suite 800 1200 New Hampshire Ave., N. W. Washington, DC 20036- 6802 1 On June 13, 2005, Gray Television Licensee, Inc., which filed an informal objection against the application, filed a petition for reconsideration of our grant of the application. Our decision here does not represent a decision on the merits of the issues raised in Gray’s petition. 2