Application Form [pdf]

Application Letter f

LETTER

Letter requesting new application

2009-12-31

This document pretains to 325-NEW-20091221-00006 for New Application on a Permit to Foreign Broadcast filing.

IBFS_325NEW2009122100006_1012014

       AKIN GUMP
       STRAUSS HAUER &                                                 FELDLLP
                                      Attorneys at Law


                                                                                                       TOM W. DAVIDSON
                                                                                                       202.887.4011/fax: 202.955.7719
                                                                                                       tdavidsonakingump.com




                                                            December 18, 2009

       VIA OVERNIGHT

       Federal Communications Commission
       International and Satellite Service
       P.O. Box 979093
       St. Louis, Missouri 63197-9000

                 Re: Request for Authority to Deliver Programs to
                     Foreign Broadcast Stations XETRA-FM, XIIITZ-FM and XIIR.M-FM

       Dear Sir or Madam:

               Local Media of America, LLC, by its attorneys, hereby submits the instant request for
       authority to permit the continued delivery of programming to foreign broadcast stations XETRA-
       FM, XHITZ-FM, and XHRM-FM pursuant to Section 325(c) of the Communications Act of
       1934, as amended.

                Enclosed herewith are FCC Form 159 and the requisite information for payment of the
       filing fee for the instant application.

                 Please do not hesitate to contact the undersigned with any questions regarding this matter.



                                                                              Sincerely,




                                                                              Tom W. Davidson

       cc:       Ms. Linda Pintro, FCC
                 Ms. Janice Shields, FCC

       Enclosures




Robert S. Strauss Building /1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1 564 / 202.887.4000 / fax: 202.887.4288 / www.akingump.com


                                                                                                                   /                   ///Q977/

                                                    US BANFCC DEC 31 2O                                                                                            /

  READ INSTRUCTIONS CAREFULLY                                                                                                                    Approved by 0MB
  BEFORE PROCEEDING                                       FEDERAL COMMUNICATIONS COMMISSION                                                             3O54)589
                                                             REMITT'ANCE ADVICE                                                                    PageNo1 o(
                                                                    FORM 159

(I)LOCKBOX#                                                                                                                  SPECL

                                                                                                                             FCC Ut

                                                               SECTION A- PAYER INFORMATION
(2) PAYER NAME (if paying by credit card enter name exactly as it appears ontbe card)                   (3) TOTAL AMOUNT PA                    cents)
Akin Gump Strauss Hauer & Feld LLP                                                                                  $95 00
(4) STREET A DDRESS LINE NO.1
1333 New Hampshire Ave.
(5) STREET ADDRESS LINE NO.2


(6) CITY                                                                                                    (7) STATE          (8) Z
Washington                                                                                                   DC                        20036
(9) DAYTIME TELEPHONE NUMBER (include area code)                                        (10) COUNTRY CODE (if not in U.S.A.)
202-887-4000
                                                        FCC REGISTRATION NUMBER (FRN) REQUIRED
(l1)PAYER(FRN)                                                                          c12)FCCUSEONLY
0005094446
                             IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159-C)
                COMPLETE SECTION BELOW FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTI
(13) APPLICANT NAME
Local Media of America, LLC
(14) STREET ADDRESS LINE NO.1
do Thoma Bravo, LLC
(IS) STREET ADDRESS LINE NO.2
9200 Sears Tower, 233 South Wacker Drive
(t6)CITY                                                                                                    (17)STATE
Chicago                                                                                                     IL                         60606
(19) DAYTIME TELEPHONE NUMBER (include area code)                                       (20) COUNTRY CODE (if not is U.S
312-777-4444
                                                        FCC REGISTRATION NUMBER (BEN) REQUIREI)
(21) APPLICANT(FRN)                                                                       22 Fc:C USb ONL?
0019422237
                       COMPLETE SECTION C FOR EACH SERVICL, IF MOEF IIOXRS AltE NEEDED, USE CO
(23A) CALL SIGN/OTHER ID                          (24A) PAYMENT TYPE CODE                                        (25 A) Qi

____________________
                                                    MBR
(26A) FEE DUE FOR (FTC)                           (27A) TOTAL FEE                                                 FC Ut

$95.00                                                                                      $95.00
(28A)FCCCODEI                                                                   (29A)FCCCODE2


(23B) CALL SIGN/OTHER ID                          (24B) PAYMENT TYPE CODE                                        (25B)


   owcouMIssIora USE ONLY




                                                United States of America
                                          Federal CommunIcations Comrvilsslon.
                                                 Washington, D.C. )6E4

         APPUCATION FOR PERMiT TO DEUVER PROGRAMS TO FOREIGN BROADCAST STATIONS
               (Cärefuly read.insfructions before tU#ng out Form-RETURN ONLY FORM TO FCC)
 1. Name of applicant            Street Address or P. 0. Box          City       State      ZiP Code       Ta1phone No.
                                                                  Chicago        IL:       60606           (lcIude area code).
    iLoca1 Nedia o               do Thomas Bravos .LLC
     America, LLC              .9200 Sears Tower
                                233 South Wacker Drive                              .                       312-777-4444
2. Name and address to whon communication should be sent if different from Item 1
   Name                     Street Address or P.O. Box         Cay       State    ZIP Code                 TelOphone No.
    Tom W. D4vidson         1333 New Hampshire A've, NW                                                    (ha ckcde eras code)
                            Washington, DC 20036- .                                                        202-887-4011
                                                                                                       -
3. Legal identity of applicant. (only check one box?
   0 Indlviduar       0 Partnership       0 Corporation         0 Gove*runent Entity         0 Other
  If Otherspecify: .Limited LiabilityCompany


4. Application is for:
                         J Now Authorization                      0 ExtensIon of Existing Authority
5. If applicant is an individual,.is applicant a citizen of the United States? D/N/A                       0 YES 0 NO
6. If applicant is a partnership, are all partners citizens of the United States? 1)/N/A                   0    YES    0 No
7. If Applicant Is a corporation: D/N/A

   a. Under laws of what state was It organized?
  b. Is more than one-fifth of the capital stock of the corporation owned of record or may it
      be voted by aliens or their representatives or by a foreign government or.representative
     thereof, or by any corporation organized under the laws of a foreign country?                         0    YES   0 NO
  c. Is any officer or director of the corporation an alien?                                               DYES       Dwo
     If the answer is Yes, gWe the following for each:
     Name                                      Natlonalby                    .              Position




                                                                                                                   FCC 30$


          d. 'Is applicant directly or inirecdy controlled by any other corporation?                                    0'       YES    0   NO.
•            if the answer is Yes, give the following for the contraIlin corporation.
             Name                                   Address             :                State In which
                                                                                         organized                           -




          a. Is more than one-fourth of the capital stock of.the controlling corporation either owned
             of record, or may it be voted by aliens, their representatives, or by a feredgn government
•            or representative thereof, or by any corporation organizd under the laws of a foreign
             country?                                                                                                   0 YESO No
         f. Is any officer or.more than one-fourth of the directors of the corporation an alien?       .            •   0        YES    0       NO
            If the answer Is Yes, give the name, nationality, and position of each,
            and give the total nuthberbf directors of the corporation.                          •
            Name                        Nationality                         Position'                          Number of Directors




         g. Is the above-described controijing corporation In turn a subsidiary?                                        0        YES    0       NO

            If the answer Is Yes, attach as E,chlblt No. - additional Information answering the
            holding company questions in this paragraph for each company, to and Indudüig the
            organization having ultimate control.
8. a. If the applicant is an unincorporated association, give the following: 13/N/A
    •               Total number of members                Number of Allen members (If anyi                                            ••
                                                                                                                                            -



         b. State the following for alien officers or directors (if cny) 'D/N/A             •              -
            Name                                    Nationality                                     Position




        FGCSOO(P*go2)                                  -       -            -

        JulyiNS                                                     •           •                              •


       9. a. What is applicant's principal business?
               Broadcastitig



             b. Does applicant or any party to this application have any Interest in, or connction with,
                any AM, FM, or 1V broadcast statIon (either domestic or foreign), or any application
                pending before the cornrnssion?                                                              0    YES              No

         -      If the answer Is Yes, attach Exhibit No.   -   1nrin full particolarL               -




      to. Is applicant a representative of an alien or of a foreign government?                              0 YES                 No

                IftheanswerisYes.eXplaifl.




    • 11. a;Has an radio station authorizatlor previously Issued to the applicant orparty to this
            application been revoked, either by the Commission or by any cauit?                              0    YES              No
             b. Flas thy previous application by the applicant or party to this application been denied by
                thô Commission or by a predecessor agency?                                                   0 YES         ] No
                If the answer to(aJ and/or (b) laYes, e1:                                      ••                              -




       2.a. Has applicant or any party to this application been found guilty by any court of any
             felony?                                                                                         0     YES     1       No

             b. Has applicant or any party tollils application bee llnáfly acudged guilty by a fódersl
•               court of tM.violation .o2 the laws of the Unite( States relating to unliwful monopoly,
             • restraint of trade, arid/or unfair methods of competition?                                    0     YES     I       NO

                If the answer to (a) and/or Ib) is Yes, explain.




                                                                                                                 FC3OB (Pag• 31
                                                                                                                     My1es8


                                                                                                                              I.




  i3. Address of studio or other piece at which piograms will originat4:
         %60 Granite Ridge Drive, Suite B, Sau Diego, CA 92123
  14. State mvnrthIp of originating factIeg.
       See Exhibit I
  15. Describe the means (wimlios, radio link, o other method) whereby programs will be delivered, to foreign station(s),
      including names of any etcnscng common carrieiL
     Wireless, microwave and satelite;
     telecommunications, private and common carrier
  1& (3We the (ocatfon, type, and authorized poi of foreign station(s) to which pcograrnS will be delivered, and idenbfy the
          licensee or operating     nay of such station(s).
         See Exhibit I

  17. Attach as Exhibit No.        a full explanation of the legal relationship between the applicant nd foreign stallanfat In
      valved, incl4dIng a copy of coneact (if any) with foreign st*tlen(si.
  18. (a) Attach as Exhibit No. .L. a statement as to whether program delIveries are to be intermittent or regclarly
          scheduled, and the average number of hours per day, weak and/or month dwtng which the foreign station(s)
          Involved will broadcast such programs.
        (b) Attach as Exhlbft No. .L. a detaiied deecription of the n5ture and character of the programming proposed and
            the language to be employed,

                                                                     FiCA11ON
      The APPUCANT acknowledges that di statements contained I' this apptioatlon end attached thibita are matmial
 represanttions, and that the axhinits• forming a part of this application era incorpoitited herein as if sot out in full In the
 application. The undersigned certifies that the statamant contained in this application are twa, complete, and correct to
 the boat of his/her knowledge and belief end are made itt good.faIth.

    Signed and dated this I 8thday of                      nbei
 Local Media of America, LLC                                             By
                       (Wzn*.c(Apc&antj                                                           (Sn.nw.i

  WiLLFUl. FALSE STATØ.iENTS       ON THIS                                         Authorized Person
   ARE PUNISKASt.E BY IThE AND iMPRISONMENT.
          U.S. CODE, TITLE lS;.SECrlON 1001.

 EXHIBITS furnIshed as requited by this form;                                                   _________________

  Ezhft No.     Pars. No. of fonn         Ham. of offic. er amptoy.e (1) by whom or (21 widat            OffleW tIde
                                           whc. dtreodan uxhlbit wa piplmd Ithow whid'J

   .1           14, 16; 17,          Led M. Mitchell                                            Authorized Person
                18   ..




Form 30B (P.s. 4)
July lass


                                                                                 FCC Form 308
                                                                   Local Media of America, LLC
                                                                                      Exhibit I
                                                                                    Page 1 of2



                                          Exhibit I
                                     Comprehensive Exhibit

         Local Media of America, LLC ("Local Media"), a wholly-owned subsidiary of
 Local Media of America Holdings, LLC ("Local Media Holdings") files the instant
 application requesting authority to deliver programming to XETRA-FM, 91.1 MHz;
 XHITZ-FM, 90.3 MHz; and XHRM-FM, 92.5 MHz (collectively "Stations"). The
 Stations are assigned to Tijuana, B.C., Mexico. The originating facilities are owned by
 Comunicaciones Xersa, S.A. de C.V. ("Xersa").

        The Stations, which serve the San Diego radio market ("San Diego Market"),
currently receive programming from Finest City Broadcasting, LLC ("Finest City"), the
holder of a Section 325(c) authorization to deliver such progranuning pursuant to an
Exclusive Promotional, Programming, and Sales Agreement ("Programming
Agreement"). Finest City, however, presently is in default of its obligations under the
senior notes ("Senior Notes") originally held by CIT Lending Services Corporation and
certain other senior lenders (collectively, "CIT"). CIT recently completed the sale of the
Senior Notes to Local Media Holdings, an affiliate of Thoma Bravo, LLC ("Thoma
Bravo"), a private equity investment firm. As the owner of the Senior Notes, Local
Media Holdings soon will institute a foreclosure action against Finest City's assets. It is
currently anticipated that the foreclosure action will be completed by January 7, 2010.'
Upon completion of the foreclosure, Local Media Holdings will transfer the assets
formerly held by Finest City, including the Programming Agreement, to Local Media.
As a result, Finest City's former assets, including the Programming Agreement, will be
held by Local Media. Local Media will obtain Finest City's rights under the
Programming Agreement and therefore will have the contractual authority to provide
programming to the Stations. Accordingly, Local Media requests authority to deliver
programming to the Stations pursuant to Section 325(c).

    I.           OWNERSHIP STRUCTIJRE

        Local Media, the proposed holder of the Section 325(c) authorization, is a
Delaware limited liability company. The sole member of Local Media is Local Media
Holdings, a Delaware limited liability company. The sole member and manager of Local
Media Holdings is Thoma Bravo Fund IX, L.P., a Delaware limited partnership ("TBF
LP").2 The sole general partner of TBF LP is Thoma Bravo Partners IX, L.P., a
Delaware limited partnership ("TBF Partners LP"). Thoma Bravo, in turn, is the sole
general partner of TB Partners LP. Thoma Bravo is managed by a board of managers


  Simultaneously herewith, Local Media is filing an application for special temporary authority to
enable the continued delivery of programming to the Stations from January 7, 2010 until such
time as the FCC processes the instant Application.
2 Prior to commencement of the foreclosure action described herein, it is possible that TBF LP
will transfer its sole membership interest in Local Media Holdings to an affiliate, which affiliate
would be ultimately controlled by Thoma Bravo through TBF Partners LP.


                                                                          FCC Form 308
                                                            Local Media of America, LLC
                                                                                Exhibit I
                                                                             Page 2 of 2

consisting of Orlando Bravo, S. Scott Crabill, Lee M. Mitchell and Carl D. Thoma.
These four individuals also are the sole owners of Thoma Bravo.
       Foreign Ownership. No party to this application is an alien, a foreign
government, a corporation organized under the laws of a foreign county, or a
representative of any of the foregoing.

   IL          NATURI OF THE PROGRAMMING

        Local Media will provide programming for the stations pursuant to the
Programming Agreement. This agreement contains propriety information and will be
provided to the Federal Communications Commission upon request. Program deliveries
to the Stations will include regularly scheduled and special feature programming for up to
24 hours per day, seven days per week, throughout the year, subject to Xersa's Mexican
programming obligations. The program deliveries will consist of entertainment, news,
sports, weather, traffic, information and/or other broadcast material in the English
language. The program deliveries will be unchanged from the programming delivered to
the Stations by Finest City before completion of the foreclosure action described above.


              • FAYRATEPOSTAGE                                     NVELOPE                                      •.•.
                                                                                                                                 ••.               .EX7REMELY.URGENT                                                                                Please Rush To'Addressee
                REGARDLESS OF WEIGHT
                DOMESTIC USE ONLY




                                                                                                                                                   GA4L 1-800-222-1811 FOR PICKUP OR TRACKING OF ALL YOUR PAKAG,


                                                                                                                                                               USBACDECOOQ                                                                                    .




          HOWTO USE:                                                                                                                           .




     ]
                                   I I HI l I 1I 11111 l l Ul I I flI1    11111
                                                              EN457656fl2US
                                                                                                                             .
                                                                                                                                                           .


                                                                                                                                                                                                EXPRESS
                                                                                                                                                                                                                     .                                             Addressee Copy
                                                                                                                                                                                                                                                                                       Lab&11-F,ApriI2004



___                                                                                                                                                                                         MulL
                                                                                                                         -                                              UNITED STTESPOSThL SER VICE®                                          Post OfficeTo Addressee
     -                    .    -                                                                                                                                    I1IkYA;.'U!                   i
                                   P0 ZIP)Oiido      ..--,                  Day of Delivery.                        Potogo                                          [bvery Attempt                            rime                              Employee Slgniture
         'I

                                       /                                            _
                                                                           05cm D2nd DandOnl.D.o                    _$
                                                                                                                     .                                               Mo.     Day                                         DPM                                               l                          .     nvelope.
                                   /                                       Scheduled Date of Delivery Return Receipt Fee                                            roeveryAuempt                         Time                                     Enlptoyeegi9nature
                    o              Dote Accepted                                                                                                                    I
                    (J                                                      Month          Day                      _$                                                  Mo.       Day                                                PM         _____________________________________
                                                                            Scheduled Time of Delivery               COD Fee                   Insurance Fee            Delivery Dote                     Time                                  Employee Signature
                                   Mo: _  Day         Year                                                                                                                                                               D AM
                                   Time Accepted
                                                      o AM                         °°'              fl 3 PM _$                            _$                            Mo.           Day                                D,i                    .
                                                     -.
                                                         - -                Military                                 Total Postage & Fees                                        IbrI - F lUll, lUir                     '                .                   ..               I   I
                                                      EIPM                                                                                                                           rl-i..'-         .                              .

                                   Flat Rate [1 or Weight                         2ed Day           0 3rd     Day    S                                                                                    -
                                                                                                                                                                                                                                         ..::                                  -

                    IL)                                                     trill Alpha Country Code                 Acceptance Emp . InitIals                                                                               .
                                                                                                                                                                                                                                     .          -       .          .                                         the
         J                                 .   lhv             flzS                                                                                    i                     .              -                    -               .




     -              0
                                    FROM: IPLEASE PRINTI                                 PHONE                                          . •:                              TO: (PhASE PRINT)                                  PHONE I
                                                                                                                                                                         r
                    I.                 l)i )'             )nTizci.                                --l.-
                                                                                                                                                                                 I                't'.iI.i.;l                                 _ItI                     .
                                                                                              .           I                                                                                                                                                                                                 ?T how many
 '
               .1             v
                                    c-h.
                                    j
                                           Li.
                                               J
                                                          -

                                                              -1
                                                                      .

                                                                      I--
                                                                                         .

                                                                                         --                                       .•.
                                                                                                                                                                                     i%


                                                                                                                                                                                     '!          -:   ----
                                                                                                                                                                                                                ,TV. iit
                                                                                                                                                                                                                                                2; fl1
                                                                                                                                                                                                                                                            j•J-
                                                                                                                                                                                                                                                                                                            Wall box.
                                                                                                                                                                                                      -                                             .             ir
                                                                                                                                                                                                                                              iF
     L                                                                                                                                             -




                                                                                                                                                               .J        L                                                                                                                                   ay only
 (the                                                                                                                                              •



Document Created: 2013-09-11 16:08:43
Document Modified: 2013-09-11 16:08:43

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC