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Response of EMT to EB First Request for Docs FINAL REDACTED

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Response of EMT to EB First Request for Docs FINAL REDACTED REDACTED FOR PUBLIC INSPECTION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) ENTERTAINMENT MEDIA TRUST, ) MB Docket No. 19-156 DENNIS J. WATKINS, TRUSTEE ) ) Applications to Renew License: ) ) KFTK(AM) (formerly WQQX(AM)), East St. ) Facility ID No. 72815 Louis, Illinois ) File No: BR-20120709ACP ) WQQW(AM), Highland, Illinois ) Facility ID No. 90598 ) File No. BR-20120709AC0 ) KZQZ(AM), St. Louis, Missouri ) Facility ID No. 72391 ) File No. BR-20120921AAW ) KQQZ(AM), DeSoto, Missouri ) Facility ID No. 5281 ) ) File No. BR-20120921ABA Application for Consent to Assignment of ) Licenses: ) ) KFTK(AM) (formerly WQQX(AM)), East St. ) Facility ID No. 72815 Louis, Illinois ) File No: BAL-20160919ADH ) WQQW(AM), Highland, Illinois ) Facility ID No. 90598 ) File No. BAL-20160919ADI ) KZQZ(AM), St. Louis, Missouri ) Facility ID No. 72391 ) File No. BAL-20160919ADJ ) KQQZ(AM), DeSoto, Missouri ) Facility ID No. 5281 ) File No. BAL-0160919ADK ) Application for Permit to Construct New Station: ) ) Facility ID No. 200438 W275CS, Highland, Illinois ) File Nos. BNPFT- ) 20170726AEF and BNPFT- ) 20180314AAO ) To: Enforcement Bureau, Investigations and Hearings Division REDACTED FOR PUBLIC INSPECTION RESPONSE OF ENTERTAINMENT MEDIA TRUST, DENNIS J. WATKINS, TRUSTEE TO REQUEST FOR PRODUCTION OF DOCUMENTS Entertainment Media Trust, Dennis Watkins, Trustee (“EMT”), pursuant to section 1.325 of the Commission's rules, 47 CFR § 1.325, hereby responds to the request of the Enforcement Bureau (“Bureau”) for the production of Documents dated August 20, 2019 (the “First Document Requests”). This response is timely pursuant to the order of the Presiding Judge granting an extension of time in which to respond. Order, FCC 19M-08 (rel. Sept. 6, 2019). 1. All drafts and versions of the EMT Trust Instrument. There are two versions of the EMT Trust Instrument attached hereto in response to Request #1: a. the version prepared by Romanik and Stephen Romanik on or about January 1, 2006, that was intended by the parties to reflect creation of a trust to benefit Stephen Romanik, and which was later incorporated in the Nonjudicial Settlement as the operative original trust instrument. b. a version prepared by Romanik and Stephen Romanik on or about January 1, 2006, that was rejected upon advice received by Romanik that the corpus of a trust could not be in the form of loans. 2. All drafts and versions of the EMT Trust Agreement. EMT objects in part to this request, as it seeks documents of a non-party entity not in the custody of EMT. Moreover, any drafts or versions of the EMT Trust Agreement in existence would have been prepared by Paul H. Lauber, Esq. (“Lauber”) pursuant to the attorney- client relationship between Lauber and Romanik. The executed version of the EMT Trust Agreement is attached hereto in response to Request #2. {01349991-1 } 2 REDACTED FOR PUBLIC INSPECTION 3. All drafts and versions of the EMT Trust #2 Agreement. EMT objects in part to this request, as it seeks documents of a non-party entity not in the custody of EMT. Moreover, any drafts or versions of the EMT Trust Agreement in existence would have been prepared by Lauber pursuant to the attorney-client relationship between Lauber and Romanik. The executed version of the EMT Trust #2 Agreement is attached hereto in response to Request #3. 4. All drafts and versions of the Assignment of Beneficial Interest. All drafts and versions of the Assignment of Beneficial Interest, other than the final version as it was executed, were prepared by Lepore and Lauber as legal counsel and are not produced because they are privileged attorney work products. See Privilege Log. 5. All drafts and versions of the 2018 LPMA. The 2018 LPMA was drafted by Lepore and revised in consultation with Davina Sashkin. Other than the executed version of the 2018 LPMA, documents responsive to Request #5 are therefore privileged attorney work products and not produced. See Privilege Log. The executed version of the 2018 LPMA is attached hereto in response to Request #3. 6. All written communications between Watkins and Stephen Romanik and/or between Watkins and Romanik regarding the EMT Trust Agreement. There were no written communications between Watkins and Stephen Romanik or between Watkins and Romanik regarding the EMT Trust Agreement. {01349991-1 } 3 REDACTED FOR PUBLIC INSPECTION 7. All written communications between Watkins and Sanders and/or between Watkins and Romanik regarding the EMT #2 Trust Agreement. There were no written communications between Watkins and Sanders or between Watkins and Romanik regarding the EMT #2 Trust Agreement. 8. All written communications between Watkins and Sanders and/or Watkins and Romanik regarding the Assignment of Beneficial Interest. There were no written communications between Watkins and Sanders or between Watkins and Romanik regarding the Assignment of Beneficial Interest. 9. All written communications between Watkins and Paul Lauber regarding the EMT Trust Agreement, the EMT #2 Trust Agreement, and/or the Assignment of Beneficial Interest. Documents responsive to this Request #9 are attached. 10. Documents sufficient to identify any bank account opened in the name of EMT from 2006 to the present. EMT does not presently maintain nor has it ever opened a bank account in its name. There are therefore no documents in existence to produce in response to Request #10. 11. All written communications between EMT and the Media Bureau concerning the Stations from 2006 through the present, including but not limited to communications between EMT counsel, including but not limited to Anthony Lepore, and/or Fletcher, Heald & Hildreth, and the Media Bureau regarding the Stations from 2006 through the present. To the extent filings made in the Commission’s Consolidated Database System (“CDBS”) by counsel to EMT are considered “written communications between EMT and the {01349991-1 } 4 REDACTED FOR PUBLIC INSPECTION Media Bureau concerning the Stations from 2006 through the present,” EMT respectfully posits that such filings are public and, therefore, may be obtained by the Bureau via the CDBS system. Except as to those filing made in CDBS, the following documents are submitted in response to Request #11: a. Cover Letter from Federal Communications Commission, Media Bureau Services, re: KQQZ (AM) Facility ID#5281 – BOA-20091217ABS, KZQZ (AM) Facility ID#72391 -BOA-20091217ABT, WQQW(AM) Facility ID#90595 - BOA-20091217ABU, FCC Form 323 – Biennial Ownership Report (Dec. 17, 2009). Prepared by and retrieved from the files of Anthony T. Lepore. b. Letter from Anthony T. Lepore to Marlene H. Dortch re: Construction Permit for KQQZ (AM) (Facility ID#5281), DeSoto, MO (Feb. 9, 2010) (requesting cancellation of construction permit). Prepared by and retrieved from the files of Anthony T. Lepore. c. Motion for Extension of Time to File a Response to Informal Objection (April 28, 2010). Prepared by and retrieved from the files of Anthony T. Lepore. d. Letter from Anthony T. Lepore to Marlene H. Dortch re: WQQX (AM) Facility ID#72815 – East St. Louis, IL (June 25, 2010) (requesting waiver of biennial ownership report for WQQX). Prepared by and retrieved from the files of Anthony T. Lepore. e. Cover letter from Anthony T. Lepore to Marlene H. Dortch re: Response to Informal Objection of Radio Disney (May 7, 2010) (draft version; copy of filed original unavailable). Prepared by and retrieved from the files of Anthony T. Lepore. f. Response to Informal Objection of Radio Disney (May 7, 2010). Prepared by and retrieved from the files of Anthony T. Lepore. g. Letter from Anthony T. Lepore to Marlene Dortch re: KQQZ (AM) Facility ID#5281 – University City, MO (June 25, 2010) (requesting waiver of biennial ownership report for KQQZ). Prepared by and retrieved from the files of Anthony T. Lepore. h. Letter from Anthony T. Lepore to Marlene H. Dortch re: KQQZ (AM) Facility ID#5281 – De Soto, MO, 2010 FCC Regulatory Fee Reconsideration/Refund Request (Aug. 23, 2010). Prepared by and retrieved from the files of Anthony T. Lepore. i. Letter from Anthony T. Lepore to Marlene H. Dortch re: WQQX (AM) Facility ID#72815 – East St. Louis, IL (Oct. 10, 2010) (requesting delay of action on {01349991-1 } 5 REDACTED FOR PUBLIC INSPECTION modification of license). Prepared by and retrieved from the files of Anthony T. Lepore. j. Petition for Reconsideration (of dismissal of WQQX minor change construction application) (July 8, 2011). Prepared by and retrieved from the files of Anthony T. Lepore. k. Cover Letter from Federal Communications Commission, Media Bureau Services, re: KQQZ (AM) Facility ID#5281 –University City, MO - BOA- 20111101AAB, KZQZ (AM) Facility ID#72391 – St. Louis, MO – BOA- 20111101AAC, WQQW (AM) Facility ID#90598 – Highland, IL – BOA- 20111101AAD, WQQX (AM) Facility ID#72815 – E. St. Louis, IL – BOA- 20111101AAE (Nov. 1, 2011). Prepared by and retrieved from the files of Anthony T. Lepore. l. Cover Letter from Anthony T. Lepore to Federal Communications Commission, Media Bureau, re: KQQZ (AM), Fairview Heights, IL – Facility ID#5281, BMP-20120628AAL, FCC Form 301 – Application for Modification of Construction Permit (June 28, 2012). Prepared by and retrieved from the files of Anthony T. Lepore. m. Cover Letter from Anthony T. Lepore to Federal Communications Commission, Media Bureau, re: WQQX (AM) Facility ID#72815 – East St. Louis, IL - ARN#20120709ACP, FCC Form 303-S – License Renewal Application (July 9, 2012). Prepared by and retrieved from the files of Anthony T. Lepore. n. Cover Letter from Anthony T. Lepore to Federal Communications Commission, Media Bureau, re: WQQW (AM) Facility ID#90598 – Highland, IL - ARN#20120709ACO FCC Form 303-S – License Renewal Application (July 9, 2012). Prepared by and retrieved from the files of Anthony T. Lepore. o. Letter from Ronald D. Ramage to Dennis J. Watkins, Trusee, Entertainment Media Trust, Re: File No. EB-FIELDSCR-12-00003064 (July 5, 2012).
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