Attachment Amendment

This document pretains to SES-ASG-20090508-00574 for Assignment on a Satellite Earth Station filing.

IBFS_SESASG2009050800574_720654

Page 1 of 6 Approved by OMB 3060-0678 Date & Time Filed: Jul 1 2009 12:08:01:426PM File Number: SES-ASG-INTR2009-01802 APPLICATION FOR SATELLITE SPACE AND EARTH STATION AUTHORIZATIONS FOR TRANSFER OF CONTROL OR FCC Use Only ASSIGNMENTFCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: AMEND A/L E900046 DAKTRONICS TO OMNICOMM SES-ASG-20090508-00574 7/1/09 1-8. Legal Name of Applicant Phone Name: Daktronics, Inc Number: 800-843-5843 DBA Fax Name: Number: 605-697-4700 Street: 331 32ND AVENUE E-Mail: SJOHNSON@DAKTRONICS.COM P O BOX 5128 City: BROOKINGS State: SD Country: USA Zipcode: 57006 -5128 Attention: Ms SUZANNE JOHNSON 9-16. Name of Contact Representative Phone Name: CHARLES R. NAFTALIN Number: 202-457-7040 Company: HOLLAND & KNIGHT LLP Fax Number: 202-955-5564 Street: 2099 PENNSYLVANIA AVE, NW, E-Mail: CHARLES.NAFTALIN@HKLAW.COM SUITE 100 City: WASHINGTON State: DC Country: USA Zipcode: 20006-6801 Attention: C. NAFTALIN-TELECOM Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) b1. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive-Only Station for 17a and only one for 17b. (N/A) b3. Amendment to a Pending Application (N/A) b4. Modification of License or Registration a1. Earth Station b5. Assignment of License or Registration a2. Space Station b6. Transfer of Control of License or Registration (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) 17c. Is a fee submitted with this application? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

Page 2 of 6 Governmental Entity Noncommercial educational licensee Other(please explain): AMENDMENT NOT FEEABLE 17d. (First Station) (Each Additional Station) Fee Classification A Quantity 1 Fee Classification B Quantity 0 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter: existing station, enter: (a) Date pending application was filed: (b) File number of pending application: (a) Call sign of station: Not Applicable Not Applicable Not Applicable TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: a. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite d. Earth Exploration Satellite e. Direct to Home Fixed Satellite f. Digital Audio Radio Service g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Using U.S. licensed satellites Common Carrier Non-Common Carrier Using Non-U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: Connected to a Public Switched Network Not connected to a Public Switched Network N/A 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). a. C-Band (4/6 GHz) b. Ku-Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: Frequency Upper: TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. a. Fixed Earth Station b. Temporary-Fixed Earth Station c. 12/14 GHz VSAT Network d. Mobile Earth Station e. Geostationary Space Station f. Non-Geostationary Space Station g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: Choose only one. Transmit/Receive Transmit-Only Receive-Only N/A PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that apply.) http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

Page 3 of 6 Not Applicable ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission's rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this Yes No application.A Radiation Hazard Study must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30-34. 29. Is the applicant a foreign government or the representative of any foreign government? Yes No 30. Is the applicant an alien or the representative of an alien? Yes No N/A 31. Is the applicant a corporation organized under the laws of any foreign government? Yes No N/A 32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation Yes No N/A organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign Yes No N/A government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission's Rules? Yes No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license revoked or had any application for an initial, modification or renewal of FCC station authorization, Yes No license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances. 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly Yes No controlling the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or Yes No indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?If Yes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any Yes No pending matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer's voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither applicant nor 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 Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. Yes No See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? If Yes No Yes, answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

Page 4 of 6 If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 43. Description. (Summarize the nature of the application and the services to be provided). This application is submitted to amend the pending assignment of license application, File No. SES-ASG-20090508- 00574 for earth station E900046 from Daktronics, Inc. to OmniComm Studios, LLC. The amendment provide additional ownership information relating to the proposed licensee's majority owner, OmniReliant Holdings, Inc. CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 44. Applicant is a (an): (Choose the button next to applicable response.) Individual Unincorporated Association Partnership Corporation Governmental Entity Other (please specify) 45. Name of Person Signing 46. Title of Person Signing REECE KURTENBACH VICE PRESIDENT 47. Please supply any need attachments. Attachment 1: Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 - Schedule A FOR OFFICIAL USE ONLY Select one of the following CONSENT TO TRANSFER OF CONTROL CONSENT TO ASSIGNMENT OF LICENSE NOTIFICATION OF TRANSFER OF CONTROL OF RECEIVE NOTIFICATION OF ASSIGNMENT OF RECEIVE ONLY REGISTRATION ONLY REGISTRATION A1. Name of Licensee (as shown on FCC 312 - Main Form) Phone Name: DAKTRONICS, INC. Number: 800-843-5843 DBA Name: Fax Number: 605-697-4700 Street: 331 32ND AVENUE E-Mail: SJOHNSON@DAKTRONICS.COM P.O. BOX 5128 City: BROOKINGS State: SD Country: USA Zipcode: 57006 -5128 Attention: SUZANNE JOHNSON http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

Page 5 of 6 A8. List Callsign(s) of station(s) being assigned or transfered Callsign:E900046 Callsign: Callsign: Callsign: Callsign: Callsign: Callsign: Callsign: A9. No. of station(s) listed 1 A10. Name of Transferor/ Assignor Phone Name: REECE KURTENBACH Number: 800-843-5843 Company: DAKTRONICS, INC. Fax Number: 605-697-4700 Street: 331 32ND AVENUE E-Mail: SJOHNSON@DAKTRONICS.COM P.O. BOX 5128 City: BROOKINGS State: DC Country: USA Zipcode: 57006 -5128 Attention: LICENSEE CONTACT Relationship: Other A15. Name of Transferee/ Assignee Phone Name: OMNICOMM STUDIOS LLC Number: 813-909-9191 DBA Name: Fax Number: 813-919-9192 Street: 14375 MYER LAKE CIRCLE E-Mail: DPHILLIPS@TOTALCFO.COM City: CLEARWATER State: FL Country: USA Zipcode: 33760 - Attention: DALE PHILLIPS A20. If these facilities are licensed, is the transferee / assignee directly or indirectly controlled by any other entity? If yes, attach as Exhibit E, a statement (including organizational diagrams where appropriate) which Yes fully and completely identifies the nature and extent of control including: (1) the name, address, citizenship, and primary busienss of the controlling entity and any intermediate subsidiaries or parties, and (2) the names, No addresses, citizenshihp, and the percentages of voting and equity stock of those stockholders holding 10 N/A percent or more of the controlling corporation's voting stock. A21. If these facilities are licensed, attach as Exhibit F, a complete statement setting forth the facts which show how the assignment or transfer will serve the public interest. CERTIFICATION 1. The undersigned, individually and for licensee, certifies that all attached exhibits pertinenet to Schedule A and all statement made in Schedule A of this application are true, compete and correct to the best of his/her knowledge and belief. The undersigned also certifies that any contracts or other instruments submitted herewith are complete and constitute the full agreement. 2. The undersigned represents that stock will not be delivered and that control will not be transferred until the Commission's consent has been received, but that transfer of control or assignment of license will be completed within 60 days of Commission consent. The undersigned also acknowledges that the Commission must be notified by letter within 30 days of consummation. A22. Printed Name of Licensee (Must agree with A1) A24. Title (Office Held by Person Signing) REECE KURTENBACH VICE PRESIDENT A26. Printed Name of License Transferor / Assignor A28. Title (Office Held by Person Signing) (Must agree with A10) REECE KURTENBACH VICE PRESIDENT A26. Printed Name of License Transferee / Assignee A28. Title (Office Held by Person Signing) (Must agree with A15) DALE PHILLIPS CHIEF FINANCIAL OFFICER FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

Page 6 of 6 completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to PRA@fcc.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember - You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. http://licensing.fcc.gov/ibfsweb/ib.page.FetchForm?id_app_num=78536&form=P011_101.htm&mode=dis... 7/1/2009

FCC 312, Question A20 Exhibit E Ownership Structure Richard and Kathy Hilton 100% Deecembra Diamond – 22.8% Kevin Harrington – 10.36% Tim Harrington – 10.36% KRH Licensing Company, LLC – 20.72% Diamond Richmond – 22.80% OmniReliant Holdings Inc.* Richard Shintaku – 10% Frankie Winsett – 10% Frank O'Connell – 10% Vince Vellardita – 10% 60.0% 40% OmniComm Studios LLC Proposed Licensee. There are no other holders of interests greater than 10%. All individuals are US citizens and all companies are US companies. *All 10% or greater shareholders of OmniReliant Holdings, Inc. may be contacted c/o OmniReliant Corporation, 4209 Eisenhower Blvd, Suite 185, Tampa, FL 33634. # 6291641_v1

FCC 312 Exhibit E and F OmniComm Studios, LLC ("OmniComm"), the proposed licensee, is a Florida limited liability company. Its primary business is to operate as a full service motion picture studio. OmniComm is held 60% by OmniReliant Holdings, Inc., a Nevada public holding company, and 10% each by Richard Shintaku, 22222 Driftwood Tide Avenue, Henderson, NV 89052; Frankie (Buddy) Winsett, 14375 Myerlake Circle, Clearwater, FL 33760; Frank O’Donnell, 9112 Visa Greens Way, #102, Las Vegas, NV 89134 and Vince Vellardita, 2113A Gulf Blvd., Indian Rocks Beach, FL 33785. All individuals are U.S. citizens. The proposed licensee plans to use this earth station for its business purposes in the operation of its studio. # 6301123_v1


Document Created: 2009-07-01 12:13:41
Document Modified: 2009-07-01 12:13:41
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