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0 No D No 0 No Section II - LEGAL QUALIFICATIONS NlrTle of Applicant 1. Applicant is: "heck etle bu bel..1 o (I) goverrmental or publiC educational agency, board or institution o (b) private nonprofit educational inStitution o (c) Other h,ecilyl Exhibit No. 2. For applicants 1(c} on~, describe in an Exhibit the nature and educational purposes of the applicant. 3. For applicants 1(c} app~ing for a new noncorrrnercial educational television station on~, describe in an IExhibit No. EXhibit how the applicant's officers, directors and members of its governing board are broad~ representative of the educational, cultural and civic segments of the principal corrmunity to be served. 4. Describe in an Exhibit how the proposed station will be used, in accordance with 47 C.F.R. Section IEXhibit No. 73.503 or Section 73.621, for the advancement of an educational progrlrTl. 5. Is there any provision contained in any by-laws, articles of incorporation, partnerShip agreement, Charter, 0 Yes 0 No statute or Other document which would restrict the applicant in advancing an educational program or comp~ing with any Corrrnission rule, policy or provision of the Corrrnunications Act of 1934, as lrTlended' If Yes, provide particulars in an Exhibit. IExhibit No. CITIZENSHIP AND OTHER STATUTORY REOUIREMENTS 6. (a) Is the applicant In violation of the prOVisions of Section 310 of the Corrrnunications Act of 1934, 0 Yes D No as lrTlended, relating to interests of aliens and foreign governments' (See Instruction B to Section II,) (b) Will any funds, credits or other financial assistance for the construction, purchase or operation of 0 Yes D No the stallon(s) be prOVided by ahens, foreign entitles, domestic entitles controlled by aliens, or their agents' Exhibit No. If the answer to (b) above is Yes, attach an Exhibit giving full disclosure concerning this assistance. I 7. (a) Has an adverse finding been made or an adverse final action taken by any court or administrative bOdy 0 Yes 0 No with respect to the applicant or parties to the application in a civil or crminal proceeding, brought under the provisions Of any law related to the following: any felony; mass media related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrmination' (b) Is there now pending in any court or administrative body any proceeding inVOlVing any of the matters 0 Yes 0 No referred to in (a) above' If the answer to (I) and/or (b) above is Yes, attach as an EXhibit a full disclosure of the persons and IExhibit No. matters invOlVed, inCluding an identification of the court or administrative body and the proceeding (by dates and file numbers), a statement of the facts upon which the proceeding is or was based Or the nature of the offense alleged or corrrnitted, and a description of the current status or disposition Of the matter. Where the requisite information has been earlier disclOsed in connection with another application or as required by 47 U.S.C. Section 1.65(c) in the case of adjudicated proceedings, the applicant need only provide: (i) an identification of that previous submission bV reference to the file number in the case of an application, the call letters of the station regarding which the application or Section 1.65 mformation was filed, and the date of filing; and (ii) a description of the current status or disposition of the previously reported malter. FCC 3.0 (Page 2) February '~92 Section II - LEGAL QUALIFICATIONS (Plge 2) PARTIES TO APPLICATION e. Complete the fOllowing Table with respect to all parties to this applicatiOn: CNOTE: If the eppllcant considers that to furnish complete information wOuld pose an unreasonable burden, it may request that the CommissiOn waive the strict terms of thiS requirement with appropriate justification.) INSTRUCTIONS: If eppllcant Is a corporation or an unincorporated assoc.tlon with &0 or fewer stockholders, stock aub8Crlbers, holders of membership certlflcatel or other ownership Interests, fill out all cokrnns, giving the information requested as to all officers, directors and members of governing board..... addition, give the information as to all persons or entities who are the beneficial or record owners of or have the right to vote capital stock. membership or ownership interests or are subscribers to such interests. If the eppllcant hal more than &0 stockholders, stock sublcrlbers or holder. of membership certificates or other owner.hlp Interests, furniSh the information as to officers, directors, members of governing board, and all persons or entities who are the beneficial or record owners of or have the right to vote 1"1. or more of the capital stOCk, membership or ownership interests. If eppllcant II a governmental or pub lic educational ..ency. board or Institution, fill out cokmns (v. (b), and (c) as to all members of the governing board and chief executive officers. Director or % of: Member of OwnerShip (0) or Governing Name and Residence Office Held Voting Stock (VS) or Board Address(es) Membership (M) YES NO (a) (b) (c) (d) FCC 340 (Page 3) February 11192 ATTACHMENT 4 tx"'::C':t It-'------------------------- ~arne I)f AppJir.ant COMMUNITY TELEVISION OF SOU'I'HER!~ CALIFORNIA 1. (a) Applicant is: (Check one box below) o a general partnerlhip operating on a nonprofit basis iii a nonprofit corporation D a limited pertnershlp operating on a nonprofit bas~ o Other (specify) o a govemmental or public educational agency or institution If the applicant Is an unincorporated association or a 1eg~1 enti~ other than a partnership. nonprofit corporation. or a govemmental or public educational agency or Institution. describe in exhibit No. _ the nature of the appIIc8nl (b) Is the... any provision contained In any by-laws, articles of incorporation, partnenhip r.greement, charter. statute or any other document wtIlch would restrict the applicant In advancing an educational program or complying with any Commluion rule, policy or provision of the Communicatlona Act or 1934, • amended. o YES JO NO If Yes, provide particulars as exhibit No. _. (c) Does the applicant certify th.t copies of ,II pertinent documents 88t out In (b) .... in the public Inspec:tion file? 0 YES 0 NO N/A DelIcrlbe In Exhibit No. A- how the proposed station will be used for the advanoement of an educational program. This does apply If applicant is applying for change in facilities. 2. (a) Is the applicant in compliance with the provisions of section 310 of the Communications Act of 1934. as amended....lating to inle""" of aliens and Foreign governments? CI YES 0 NO (b) WiII.ny funds, credits, etc., fo _ile construction, purchIJae or operation of the atatlon be provided by aliens. foreign entities, domestic entilies controlled by aliens, or their agents? o YES m NO If yes, provide particulars as Exhibit No. __ . 3. (a) Has er. ~dverse finding been made. adverse final action taken or consent decree approved by any court or administrative body as to the applicant or any party to the applic1l.tion in any civil or criminal proceeding brought under the provisions of any law related to the following sub!'lCts: Any felony, antitrust, unfair competition. fraud, unfair labor practices or discrimination? o YES m NO (b) Is there now pending in any court or administrative body any proceeding involving any of the matters referred to in (8)? CJ YES mNO If theanswerto (a) or (b) above is Yes. attach as ExhibitNo. __ •a full disclosureconcemlng thepersona endmatterllnvolved,identify­ ing the court or administrative body and the proceeding (by date. and file numbers), stating thefec* upon wtIlch the proceeding was based or the nature of the offense cornmlttBd. and disposition or cunent status of the matter. ATTACHMENT 5 FACSIMILE COpy OF DECLARATION IS BEING SUBMITTED; ORIGINAL TO BE FILED UPON RECEIPT. PSCLARATION I, Joanne Sanoian, do hereby declare under penalty of perjury that the following is true and correct: I prepared the atteched letter to Richard Hildreth, dAted April 30, 1993. The information therein is true and correot to the best of my knowledge, recoIl , and i, and Dated this 3rd May, 1993 f" LOOMIS, SANOIAN & GARLAND ATTORNEYS AT LAW 1221 VAN NESS AVENUE SUITE31Q FRESNO. CALIFORNIA 93721 JOHN E. LOOMIS TELEPHONE (209) 233-6152 ,JOANNE SANOIAN FAX (209) 233-6785 JOHN F. GARLAND April 30, 1993 FEDERAL EXPRESS Richard Hildreth Fletcher, Heald & Hildreth 11th Floor 1300 North 17th Street Rosslyn, Virginia 22209 Re: Community Television of Southern California (CTSC) Dear Mr. Hildreth: This letter is sent in response to your request for a legal opinion regarding CTSC's Articles of Incorporation pertaining to its operation of a broadcast station in Bakersfield, California. I have reviewed Article FOURTH of CTSC's Articles of Incorporation which limits CTSC to "the coordination of educational, cultural, governmental and other interests in the greater Los Angeles area" in order to service "one or more noncommercial educational broadcast facilities in Southern California." I note initially that CTSC is limited to Southern California and that in coordinating certain specified interests they are limited to those which occur in the greater Los Angeles area. The term "Southern California" is one that describes the geographic area of California lying south of the Tehachapi Mountains and west of the Mojave Desert. While Bakersfield, in Kern County, lies at the Southernmost end of the San Joaquin Valley, that area is referred to as the Great Central Valley, and not "Southern California." "Southern California" is that area lying south of the Tehachapi Mountains and west of the Mojave Desert where Los Angeles is located. On the other hand, Bakersfield lies to the north of the Tehachapi Mountains so by definition, it cannot be considered as being Southern California.
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