BUSSE BROADCASTING CORP
10-K405/A, 1997-04-29
TELEVISION BROADCASTING STATIONS
Previous: TOWER MUTUAL FUNDS, 497, 1997-04-29
Next: BUSSE BROADCASTING CORP, 10-K405/A, 1997-04-29



<PAGE>

- -------------------------------------------------------------------------------

                      SECURITIES AND EXCHANGE COMMISSION
                            Washington, D.C. 20549

                                 -------------

                                 FORM 10-K/A-1
             ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
                        SECURITIES EXCHANGE ACT OF 1934

                                 -------------

For the fiscal year ended December 29, 1996    Commission file number 33-99622

                         BUSSE BROADCASTING CORPORATION
             (Exact name of registrant as specified in its charter)


               DELAWARE                                   38-2750516
(State of Incorporation or organization)      (IRS Employer Identification No.)

                      141 East Michigan Avenue, Suite 300
                           Kalamazoo, Michigan 49007
                                (616) 388-8019
              (Address, including zip code and telephone number,
       including area code, of registrant's principal executive offices)

                                 -------------

         SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT: 

                                     None.

          SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT:

                                     None.

                                 -------------

     Indicate by check mark whether the registrant (1) has filed all reports 
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 
1934 during the preceding 12 months (or for such shorter period that the 
registrant was required to file such reports), and (2) has been subject to 
such filing requirements for the past 90 days. 
Yes  X   No    
   -----   -----

     Indicate by check mark if disclosure of delinquent filers pursuant to 
Item 405 of Regulation S-K is not contained herein, and will not be 
contained, to the best of registrant's knowledge, in definitive proxy or 
information statements incorporated by reference in Part III of this Form 
10-K or any amendment to this Form 10-K. /X/

     As of March 28, 1997, 107,700 shares of Busse Broadcasting Corporation 
Common Stock were outstanding.  None of the outstanding shares were held by 
non-affiliates.

     Indicate by check mark whether the registrant has filed all documents 
and reports required to be filed by Section 12, 13 or 15(d) of the Securities 
Exchange Act of 1934 subsequent to the distribution of securities under a 
plan confirmed by a court.
Yes  X   No
   -----   -----

                       DOCUMENTS INCORPORATED BY REFERENCE

                                     None.

- -------------------------------------------------------------------------------

<PAGE>

EXPLANATORY NOTE

      The sole purpose of this Form 10-K/A is to amend certain information 
under the heading LICENSE GRANT AND RENEWAL on page 13 of Busse Broadcasting 
Corporation's annual report on Form 10-K for the fiscal year ended December 
29, 1996  ("Busse's 1996 10-K"), which was filed with the Securities and 
Exchange Commission on March 27, 1997.  Page 13 of Busse's 1996 10-K is hereby 
deleted and replaced in its entirety by the following page: 


                                     - 2 -

<PAGE>

located in the same general vicinity achieve the largest audience share. 
Nielsen periodically publishes data on estimated audiences for the television 
stations in the various television markets throughout the country. The 
estimates are expressed in terms of the percentage of the total potential 
audience in the market viewing a station and of the percentage of the 
audience actually watching television. Nielsen provides such data on the 
basis of total television households and selected demographic groupings in 
the market. Nielsen uses two methods of determining a station's ability to 
attract viewers. In larger geographic markets, ratings are determined by 
meters connected directly to selected television sets, while in smaller 
markets, including the DMAs in which each Station operates, weekly diaries of 
television viewing are completed by selected households. Advertising rates 
charged by a television station are based in large part on the number of 
households tuned to a particular station during a particular time period, the 
demographic characteristics of those households, and whether the station is a 
leading station in its geographic market area. In addition, ratings 
information for periods that the Olympic Games are broadcast by a network, 
including February 1994, are not considered by broadcasters or advertisers to 
be indicative of future viewing trends. Certain ratings for Olympic periods 
may be more or less favorable to the Stations than ratings for other periods

      Television audience share and aggregate television audience share 
information with respect to KOLN/KGIN-TV for 1990, 1991 and 1992 is based 
upon data compiled from surveys conducted by Arbitron. During such periods, 
Arbitron measured rankings within specific geographic markets called ADIs and 
published its estimates of audience share data in periodic Television Market 
Reports. The ADI designated for KOLN/KGIN-TV is roughly comparable to the 
Lincoln-Hastings-Kearney, Nebraska DMA, and the methodology employed by 
Arbitron to determine audience share data is generally similar to that used 
by Nielsen in comparable markets. Since 1993, KOLN/KGIN-TV has relied on 
Nielsen for its ratings data. 

FEDERAL REGULATION OF TELEVISION BROADCASTING

EXISTING REGULATION.  Television broadcasting is subject to the jurisdiction 
of the FCC under the Communications Act. The Communications Act prohibits the 
operation of television broadcasting stations unless under a license issued 
by the FCC and empowers the FCC, among other things, to issue, revoke and 
modify broadcasting licenses, determine the locations of stations, regulate 
the equipment used by stations, adopt regulations to carry out the provisions 
of the Communications Act and impose penalties for violation of such 
regulations. The Communications Act prohibits the assignment of a license or 
the transfer of control of a licensee or of an entity controlling a licensee 
without prior approval of the FCC.   The Telecommunications Act of 1996 
("1996 Act") was signed into law by the President of the United States on 
February 8, 1996; however, implementation of most of the 1996 Act's  
provisions which apply to the Company's business require action by the FCC.  
Relevant provisions of the 1996 Act are discussed in the sections that follow.

LICENSE GRANT AND RENEWAL.  Television broadcasting licenses generally are 
granted or renewed for a period of five years, but may be renewed for a 
shorter period upon a finding by the FCC that the "public interest, 
convenience, and necessity" would be served thereby. Under current 
procedures, at the time an application is made for renewal of a television 
license, parties in interest may file petitions to deny, and such parties, 
including members of the public, may comment upon the service the station has 
provided during the preceding license term and urge denial of the 
application. In the vast majority of cases, broadcast licenses are renewed by 
the FCC even when petitions to deny are filed against broadcast license 
renewal applications.  Pursuant to authority granted by the 1996 Act, the FCC 
extended the term for television station licenses being renewed from five to 
eight years.  The 1996 Act also requires a broadcast license to be renewed if 
the FCC finds that (i) the station has served the public interest, 
convenience and necessity; (ii) there have been no serious violations of 
either the Communications Act or the FCC's rules and regulations by the 
licensee; and (iii) there have been no other violations of the Communications 
Act or the FCC's rules and regulations which, taken together, would 
constitute a pattern of abuse. Competing applications would be permitted only 
if an application for renewal of license were denied after hearing.

      The FCC license renewal for WEAU-TV was granted for a five year term on 
November 24, 1992 and expires on December 1, 1997. The FCC license renewals 
for KOLN-TV and KGIN-TV were granted for five year terms on May 27, 1993 and 
expire on June 1, 1998. Although there can be no assurance that the Company's 


                                    - 13 -

<PAGE>

                                   SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

                                      BUSSE BROADCASTING COMPANY

Date: April 29, 1997                  By:    /s/ James C. Ryan 
                                         ---------------------------
                                             James C. Ryan
                                             Chief Financial Officer 
                                             (Principal Financial Officer and 
                                                Principal Accounting Officer)



© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission