FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,062
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and directors, as opposed to the individual members, have attributable interests that must be reported.9
Accordingly, we conclude that Roane has not demonstrated that the Morris Council is a real party in
Misrepresentation. Finally, Roane contends that the CSC application must be denied because it
contains a false statement of a material fact regarding CSC's entitlement to a comparative credit as a
"local entity." Specifically, Roane notes that CSC certified that it was an established local entity because
it was formed 24 months prior to the filing of the application." However, Roane appears to argue that
this certification is inconsistent with the narrative in Exhibit 2 of the CSC Application, which it claims
indicates that CSC was created solely for the purpose of filing for the Cookeville NCE frequency due to
concern that the Morris Council would not be eligible to be a Commission licensee. In its Opposition,
CSC disagrees with Roane's characterization of Exhibit 2 and contends that the certification is correct
because "CSC was established much earlier than 24 months prior to the filing window."32
We believe that this matter does not raise a substantial and material question that would require
further inquiry. Misrepresentation involves false statements made with an intent to deceive.33 Lack of
candor involves concealment, evasion or other failure to be fully forthcoming, accompanied by an intent
to deceive.34 Our review of the record indicates that the certification was correct and that, therefore, there
was no false statement made by CSC. Specifically, CSC has submitted documentation, demonstrating
that it was incorporated in September, 2000, approximately seven years before the CSC Application was
filed.35 Further, there is no inconsistency between CSC's certification and the statements made in Exhibit
2. Contrary to Roane's allegations, Exhibit 2 of the CSC Application does not state or imply that CSC
was created solely to apply for an NCE FM station at Cookeville. Most of Exhibit 2 addresses subjects
unrelated to CSC's entitlement to a localism credit,36 and, therefore, that portion of the narrative is not
29 See Instructions for FCC 340, Section II, Question 6(a), at 4 ("Non-stock corporations or other non stock entities:
the applicant, the parent and subsidiary entities of the applicant, and the officers, directors, and governing board
members of the applicant and its parent and subsidiary entities are considered to be parties to the application). See
also AMoody Bible, 22 FCC Rcd at 11118-19 (finding that members or congregants of a church that elected the same
members of the governing boards for both the church and an affiliated NCE applicant did not have attributable
interests in the NCE applicant and that this relationship did not raise a real party in interest issue).
30 This conclusion also moots Roane's related argument that CSC has not demonstrated compliance with the alien
ownership provisions of the Act, 47 U.S.C. 310(b)(X) and (2), with respect to the Morris Council, its members, or.
the International Knights of Columbus.
31 CSC Application, Section IV, Question 1, at 7, which asks applicants to certify whether or not ". .. for at least the
24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant
pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained and
that it has placed documentation of its qualifications as an established local applicant in a local public inspection file
and has submitted to the Commission copies of the documentation."
32 CSC Opposition at 6.
33 See Fox River Broadcasting, hInc., Order, 93 FCC 2d 127, 129 (1983).
3 CSC Opposition at 6 and Exhibit B.
36 These topics include: (1) the nature and educational purpose of the applicant in order to demonstrate its eligibility
as an NCE applicant under Section 73.503(a) of the Commission's Rules; (2) the type ofprogramming that CSC
proposes; and (3) CSC's relationship with the Morris Council.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/234/: accessed March 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.