Form 702

0001-EX-AU-2000 Text Documents

Hughes Space and Communications Company

2000-07-24ELS_40123

 SECTION H (APPLICATION PORTION                                                       FOR FCC USE ONLY
                                                      Service                                        File No. and Call Sign

                                                                                                     POOI—EX—AU—2000
                                                        INSTRUCTIONS

 PART 1 is to be completed by assignor (the present permiltee or licensee), whenever the legal right to construct or to control the use
 and operation of station is to be assigned by voluntary act, as by contract or other agreement, or by involuntary act such as death,
 legal! disability, bankruptcy, or other legal proceedings.
 PART II is to be completed by assignee who wishes to obtain the legal right to construct or to control the use and operation of station,
 as a resultt of voluntary act (contract or other agreement), or involuntary act (death os legal disability) of grantee of construction
 authorization or licensee, or by involuntary assignment of the physical property constifuting the staiion in bankruptey proceedings, or
 other court order, or by operation of law in any other manner.
 Applicant is advised that if the Commission consents to request for assignment, the Commission must be nofified by letter of
 consummation (see appropriate Ruiepart for specific requirements).


 PART | — To Be Completed By Assignor
  1. Name of Assignor
                         Hughes Space and Communications Company

    Mailing Address (Street or P. O. Box, City, State and ZIP Code) [po Box 92919 Attn: Thomas Walsh M/S SC/S10/5341
                                                                      Los Angeles, CA 90009—2919
 2. Name of Assignee
                         The Boeing Company

    Md“flq Addross (Steet or P. 0. Box, City, State and ZIP Code) IFrequency Management Services MC 3U—AJ

                                                                     [P.O. Box 3707    Seattle, WA 98124—2207
 3. Provide the following information for the facilifies authorized to assignor for which assignment is sought in this application.

   a. Call Sign          b. File Number                c. Location              d. Expiration Date     «. No. of            1. Service
                                                                                                          Stations
 KB2xEU              0242—EX—RR—1999           El Segundo, CA                         srouer1               1         xr CC[C—EX—AC 200
 KC2XAT              0243—EXx—RR—1999          El Segundo, CA                         8/01/01               1         XD GQfl -E}(‘A WC‘
 KC2xXAU             0244—EX—RR—1999           Malibu, CA                             8101/01               1         xR 6017EX7 IZU’(Z’



 4. Provide below the following information for incomplete or unconstructed facilifies (listed in item 3) in which assignment is sought:
 (0) call sign; (b) fle numbers; and (c) date by which construction must be completed.




 §. CERTIFICATION: The undeisigned represents that the license will not be assigned, or that control will not be transferred until the
 Commission‘s consent has been received; that all the atiached exhibits are a material part hereof and are incorporated herein as if set
 out in full in this application; and that oll statements made in Part I of this application are true, complete and correct to the best of his
 (her) knowledge and belief.

 l request that the Commission grant its written consent to the foregoing assignment.

WILLFUL FALSE STATEMENTS MADE ON THIS APPLICATION ARE PUNISHABLE BY FINE AND IMPRISONMENT (U.S. CODE, TITLE
18, SECTION 1001) AND/OR REVOCATION OF ANY AUTHORIZATION (U.S, CODE, TITLE 47, SECTION 312(a)(1)), AND/OR
FORFEITURE (V.S. CODE, TITLE 47, SECTNION 503).
Typed Name of Person Signing                                  Mailing Address (Street or P. 0. Box, City, State and ZIP Code)
            san:                                               P.O. Box 92919 M/S ES/001/A110
 Janet L. Williamson                                            Los Angeles, CA 90009—2919
Signature of Authorized Officer or Agent (if signed by an agent other than the authorized officer
or assignor,power of attomey or other authority of agent to sign must be aftached)}.


                                  ———                                                                       A3)vo
   0                                                                                                     FCC 702 — Page 2 October 1997


 PART‘l! — To Be Completed By Assignee
 6. Name of Assignee (If a corporation, state corporate name; if a parinership, state names of ail paithners and the name under which
 the partnership does business; if an unincorporated association, state the name of an executive officer, the office held by him/her,
  and the nome of the association. The same name or names should be signed in the place provided at the end of the application,
. except that in the case of a partnership, the application may be signed in the name of the partnership by one of the pariners).


       The Boeing Company
   Mailing Address (Street or P. 0. Box, City, State and ZIP Code) Frequency Management Services MC 3U—AJ
                                                                          P.O. Box 3707         Seattle, WA 98124—2207
 7(a). is this application made for consent to voluntary or involuntary assignment of permit or license?
           [®) voruntary                             [] invotuntary (Complete items 7(b) and 7(c)).
   (b) Name of Present Licensee and Call Sign                               (c) Aftach as Exhibit         a copy of court order or other legai
                  Hughes Space & Communications Company                     instrument by which assignee has obtained the legal right to contruct
                                                                            or contfrol the use and operation of station as a result of involuntary
                   KB2XEU      KC2XAT       KC2XAU                          act of assignor.
  8. State whether assignese is:
           D INDIVIDUAL                              |:| PARTNERSHIP                        [ corrorarion                    [] association
  9. Aftach as Exhibit___1       a statement of assignee‘s principal business.
 10. Attach as Exhibit    2    a statement of any other business(es) applicant is directly or indirecily interested in. If applicant is a
     corporation, explain in statement other business(es) the officers, directors, or principal stockholders are directly or indirectly
     interested in.
                                                                        PLACE AN ‘X" iN THE APPROPRIATE COLUMN.                          YES   NO

11. is individua! assignee, or if partnership, each member of partnership a citizen of the United States?                                 V¥




                                                                                                                                YJY
12. is assignee or any party to this application a representative of an alien or of a foreign government?
13(a) Has the assignee been finglly adjudged guilty by a Federal Court of unlawfully monopolizing, or attempting
      to monopolize, radio communieation directly or indirectly through control of manufaciture ofr sale of radio




                                                                                                                                M
      apparatus, exciusive traffic crangements, or any other means, or of unfair methods of compelition?
  (b) Has the assignee, or any party to this application, or any person directly or indirectly controlling the assignee
       ever been convicted of a crime for which the penaity imposed was a fine of $500 or more, or an imprisonment               »>
       of six months or more? If "*YES", attach as Exhibit             a statement relating the facts.

  (c) Is assignee directly or indirectly controlled by any party findlly adjudged guilty as above stated?                        J>              w¥

14(a) is assignes directly or indirectly, through stock ownership, contract, or otherwise, interested in the ownership
      or have contfrol of any other radio stations? If "YES", in Exhibit       , give call letters and location of such          »>
      stations.
  (b) Has the assignee in the past fiffteen years been directly or indirectly interested in the ownership or control
      of any radic stations other than those referred to under (a)? If "YES", in Exhibit          , give classes of              J               w
      stations and exact names of licensees.
 15. If assignment involves any Multipoint Distribution Service (MDS or MMDS) authorizatfions, is assignee direcity or
     indirectly interested in or affiliated with, or has leasing arrangements with a cable television company? N "YES®,          J>              w
    submit as Exhibit            a descripfion of the relationship and a map showing overlap of boundaries of cable
    franchise area and MDS station‘s protected service area, it any.
 16. If assignment involves any authorizations for Part 21 or Part 101 stations, answer (a) and (b) below. Part 21
     applicants must also complete (c).
   (a) Does authorization involve facilities that have not been constructed?                                                     _a
        If "YES", does assignee represent that it has, or has reasonable assurance that it will have, the ability to meet
       the expected cost of constructing any such facilifies within the construction period, and the estimated
       operating expenses for tweive months?

  (b) Were facilifies authorized following a comparative hearing and have been operated less than one year; or
      invoive facilifies that have not been constructed; or involve facilifies that were authorized following a random           .
      selectfion proceeding in which the successful applicant received a preference and that have been operated
       for less than one year?
   {c) Does assignee acknowledge that, if Commission consents, assignment must be compieted within 45 days of                    »>
       date of consent and Commission must be nofified by assignee in writing within 10 days of consummation?
 17. If assignee is a corporation or association, answer the following:        _       ol
  (a) Under laws of what State or Country is it organized? > Delaware _
   (b) Attach as Exhibit ___3___ a certified copy of the Articles of Incorporation if not heretofore filed with the
       Commission. if previously filed, state date and FCC Division: J> :                                                            |
   (c) is more than one—fifth of capital stock owned of record or may it be voted by aliens or their representatives
       or by a foreign government or representalives thereof, or by any corporation organized under the laws of a                >               &
       foreign country?
   (d) Is any director or officer an alien? f "YES®, list in Exhibit         the names and position of each.                     J               w

                                                                                                             FCC 702 — Page 3 October 1997


          C     eummmmame               uemmomam                                             mmmnssconm

 PARTll — To Be Complieted By Assignee (continued)
17. (continued)
    In Exhibit  ___4    , give the names and addresses of all stockholders owning and/or voling 10% or more
    of assignes‘s stock and percentage of stock held by each.

                                                                       PLACE AN ‘XIN THE APPROPRIATE COLUKNIN.                             YES     NO
18(a0) is assignee directly or indirectly contfrolled by any other corporation? If "YES", in Exhibit               , give name      J>              w
       and address of such controlling corporation.
   (b) Under the laws of what State or Country is the controlling coporation organized? >
   (c) is more than one—fourth of capital stock of such corporation owned of record or may it be voted by aliens,
       their representatives, or by a foreign government or representaiive thereof!, by any corporation organized                  us
        under the laws of a foreign country?
    (d) is any director or officer of the controlling corporation an alien? If "YES", in Exhibit               , give name and
        position of each.
   (0) is the above described controliing corporate in turn a subsidiary? i "YES", attach additional sheets
       answering questions 18(a) to 18(e), inclusive, for each corporation to and including the organization                       Jp>
       having final control.

 19. If applicant is an unincorporated associafion, answer 19(a) to 19(c):
   (a) in Exhibit            , describe purpose of association and provide number of members in the association.
    (b) Attach as Exhibit             a certified copy of the Articles of Associationif not heretofore filed with the
        Commission. If previously filed, state date and FCC Division: J» :
    (c) Are any members aliens? If "YES", in Exhibit              , give names and position of each.                               3
20(a) is assignee persondlly familiar with the Commission‘s rules governing the service which are the subject of
       this opplication?                                                                                                           »>|     &
   (b) Has assignee examined the subject facilifies and determined that constfruction and operarfion is in                 >
      compliance with current authorizations and the Commission‘s rules?                                                          &
21(a) State assignee‘s relation to assigner, staiion or license: (b) Identfify ullimate parent corporation, if assignee is a subsidiary and ______
     D Pro Forma Assignment l:l Manager                              give names and addresses of controlling individuals. Percentage: e

     C_] tessee _____________ [__]Financier                               Name:
                                                                       Address: |
      IE] Other Owner                                                           i
                                                                                   .

   (c) Attach as Exhibit              a copy of the agreement showing assignes‘sinterest in stafion, if not on file with the Commission.
        H previously filed, state date and FCC Division: J»>
    (d) Attach as Exhibit             a statement of the nature of assignee‘s interest in use and control of station, if assignee is not lessee,
        or if this is not a pro formsa assignment.
 22. Will assignee have absolute control of station, both as to physical operation and service provided?                 E] vEs       D No
      If "NO*", attach as Exhibit           , a copy of any contract which may affect assignee‘s right to do so.
 23. Attach as Exhibit       5      a statement showing assignee‘s financial responsibility with respect to construction and/or
     operation of station.
 24. Attach as Exhibit       _6     a statement indicating whether stock is to be sold for purpose of raising money to construct and/or
     operate station.

 25. Attach as Exhibit___/     a statement explaining how the construction and/or operation of the station will be in the public
     convenience, interest, or necessity.
 26. The assignor‘s most recent applications for authorization are to be considered as part of this application, and the truth of the
      statements therein contained is hereby reaffirmed by the assignes, except insofar as the contrary expressly appears herein,
      and in the following particulars:


 27. CERTIFICATION: The applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrium as
 agains! the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and
 requests that wiitten consent be granted to assign the authofizations herein mentioned to him(her). The assignee assumes all the
 obligations and agrees to abide by all the conditions imposed upon the assignor under the subject authorization except that he/she
 shail not be liable for any act done by, or any fight accrued or any suil or proceeding had or commenced against, the assignor prior
 to said assignment. Neither the applicant not any other party to the application is subject to a denial of Federal benefits that includes
 FCC benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. Section 862. because of a conviction for possession
 or distribution of a controlled substance.
 1 certify that the statements made in PART II are true, compiete, and conect to the best of my knowledge and belief.

 WILLFUL FALSE STATEMENTS MADE ON THiS APPLICATION ARE PUNISHABLE BY FINE AND IMPRISONMENT (U.5S. CODE, TITLE 18, SECTION 1001)
 AND/OR REYOCATION OF ANY AUTHORIZATION (U.$. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TNLE 47,
 SECTION 503).
 Typed Name of Person Signing Sheldon R Bentley                                                           D Individual Applicant

                                                                                                          [__'] Member of Applicant Parmership
 Signature                   C                                              Date_______, [g] Officer of Applicant
                                                                             _2{14{ 8e              ;         Corporation or Association
                                                                                                                 FCC 702 — Page 4 October 1997



Document Created: 2001-07-26 23:14:14
Document Modified: 2001-07-26 23:14:14

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