Attachment 20120321111027.pdf

This document pretains to 325-RWL-20080412-00001 for Renewal on a Permit to Foreign Broadcast filing.

IBFS_325RWL2008041200001_945754

lift It Jh f/our mill ltiit/dtttg port/and. Oregon tV(tS/ti,tclOit. 2. r. 2000 7-350] St'(l II le, tr(l)h lit 01011 TEL 202 96.) 1880 FAX 202 965 / 729 Please reply to JOHN NI. PELKEY jpelkeygsblaw. corn TEL EXT 2528 April 10, 2008 ORIGINAL Our File No. 21554-00100-61 VIA FEDERAL EXPRESS Ms. Marlene H. Dortch, Secretary Federal Communications Commission International and Satellite Service P.O. Box 979093 St. Louis, MO 63197-9000 Re: Broadcast Company of the Americas, LLC FCC Form 308 - Application for Permit to Deliver Programs to Foreign Broadcast Stations XEPRS(AM) Application for Renewal File No. 325-NE W-2003 03 03-00001 Dear Ms. Dortch: Submitted herewith in duplicate is an FCC Form 308, Application for Permit to Deliver Programs to Foreign Broadcast Stations, submitted by Broadcast Company of the Americas, LLC. Broadcast Company of the Americas, LLC, currently holds authority under Section 325(c) of the Communications Act to deliver programming to the above-referenced station. By the instant application, Broadcast Company of the Americas, LLC, seeks a renewal of that Section 325(c) authority. Also submitted herewith are the FCC Form 159 and requisite filing fee of $90.00. Should there be any questions concerning this matter, please communicate directly with this office. Respectfully submitted, Jf M. Pelkey Enclosures JMP:yg DCDOCS:674568. 1

(()UUI READ INSTRUCTIONS CAREFULLY (r,tiltE BEFORE PROCEEDING FF Page 1f..._. (l)LOCKBOX# APR 1 1 2OO SPECIALUSEONLY 97 9093 Gov'tLX Operations FCC USE ONLY SECTION A - PAYER INFORMATION (2) PAYER NAME (if paying by credit card enter name exactly as it appears on the card) (3) TOTAL AMOUNT PAID (U.S. Dollars and cents) Broadcast Company of the Americas, LLC $90.00 (4) STREET ADDRESS LINE NO. I 3655 Nobel Drive (5) STREET ADDRESS LINE NO. 2 Suite 470 (6) CITY (7) STATE (8) ZIP CODE San Diego CA 92122 (9) DAYTIME TELEPHONE NUMBER (include area code) (10) COUNTRY CODE (if not in U.S.A.) 858-535-2500 ____________________________________________ FCC REGISTRATION NUMBER (FRN) REQUIRED (II) PAYER (FRN) (12) FCC USE ONLY 0008-5274-18 ______________________________________________ IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETh (FORM 159-C) COMPLETE SECTION BELOW FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (13) APPLICANT NAME Broadcast Company of the Americas, LLC (14) STREET ADDRESS LINE NO. I 3655 Nobel Drive (15) STREET ADDRESS LINE NO. 2 Suite 470 (16) CITY (17) STATE (18) ZIP CODE San Diego CA 92122 (19) DAYTIME TELEPHONE NUMBER (include area code) (20) COUNTRY CODE (if not in U.S.A.) 858-535-2500 FCC REGISTRATION NUMBER (FRN) REQUIRED (21) APPLICANT (FRN) (22) FCC USE ONLY 0008-5274-18 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET (23A) CALL SIGN/OTHER ID (24A) PAYMENT TYPE CODE (25A) QUANTITY XEPRS(AN) MBR (26A) FEE DUE FOR (PTC) (27A) TOTAL FEE FCC USE ONLY $90.00 $90.00 ___________________________ (28A)FCC CODE! (29A)FCC CODE 2 (23b) CALL SIGN/OTHER ID (24B) PAYMENT TYPE CODE (25B) QUANTITY (26B) FEE DUE FOR (PTC) (27B) TOTAL FEE FCC USE ONLY (28B)FCC CODE I (29B)FCC CODE 2 SECTION D - CERTIFICATION CERTIFICATION STATEMENT I, ___________________________________________________________________ certify under penalty of perjury that the foregoing and supporting iaforsnatioa is true and correct to the best of my knowledge, infonnatioa and belief. SIGNATURE __________________________________________________ DATE _________________________ SECTION E - CREDIT CARD PAYMENT INFORMATION MASTERCARD _______ VISA _______ AMEX _______ DISCOVER ACCOUNT NUMBER _____________________________________________ EXPIRATION DATE _______________________________ I hereby authorize the FCC to charge my credit card for the service(s) authorization herein described. SIGNATURE ___________________________________________________ DATE ______________________________ SEE PUBLIC BURDEN ON REVERSE FCC FORM 159 FEBRUARY 2003 (REVISED)

FOR COMMISSION USE ONLY File No. United States of America Federal Communications Commission Washington, D.C. 20554 APPLICATION FOR PERMIT TO DELIVER PROGRAMS TO FOREIGN BROADCAST STATIONS (Carefully read instructions before filling out Form - RETURN ONLY FORM TO FCC) 1. Name of applicant Street Address or P.O. Box City State Zip Code Telephone No. Broadcast Company of the Americas, LLC, 3655 Nobel Drive, Suite 470, San Diego, CA 92122 (858) 673-9049 2. Name and address to whom communication should be sent if different from item 1. Name Street Address or P.O. Box City State Zip Code Telephone No. John M. Pelkey, Garvey Schubert Barer, uh1 Floor, 1000 Potomac Street, NW, Washington, DC 20007, 202-965-7880 3. Legal identity of applicant: (only check one box) Individual ( ) Partnership ( ) Corporation ( ) Government Entity (X)Other If Other specify: Limited liability company 4. Application is for: New Authorization (X) Extension of Existing Authority 5. If applicant is an individual, is applicant a citizen of the United States? DNA ( ) Yes ( ) No 6. If applicant is a partnership, are all partners citizens of the United States? DNA ( ) Yes ( ) No 7. If Applicant is a corporation: DNA - See Exhibit I. ( ) Yes ( ) No 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? ( ) Yes ( ) No c. Is any officer or director of the corporation an alien? ( ) Yes ( ) No If the answer is yes, give the following for each: Name Nationality Position FCC 308 July 1988

d. Is applicant directly or indirectly controlled by any other corporation? () Yes () No If the answer is Yes, give the following for the controlling corporation. Name Address State in which organized e. Is more than one-fourth of the capital stock of the controlling corporation either owned or record; or may it be voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? ( ) Yes ( ) No f. Is any officer or more than one-fourth of the directors of the corporation an alien? ( ) Yes ( ) No Name Nationality Position Number of Directors g. Is the above-described controlling corporation in turn a subsidiary? ( ) Yes ( ) No If the answer is Yes, attach as Exhibit No. I additional information answering the holding company questions in this paragraph for each company, to and including the organization having ultimate control. 8. a. If the applicant is an unincorporated association, give the following: DNA Total number of members Number of Alien members (if any) b. State the following for alien officers or directors (if any): Name Nationality Position FCC 308(Page 2) July 1988

9. a. What is applicant's principal business? Production of programming, promotion and sales of advertising time. b. Does applicant or any party to this application have any interest in, or connection with, any AM, FM, or TV broadcast station (either domestic or foreign), or any application pending before the commission? (X)Yes ()No If the answer is Yes, attach Exhibit No. II giving full particulars. 10. Is applicant a representative of an alien or of a foreign government? ( ) Yes (X) No If the answer is Yes, explain. 11. a. Has any radio station authorization previously issued to the applicant or party to this application been revoked, either by the Commission or by any Court? ( ) Yes (X) No b. Has any previous application by the applicant or party to this application been denied by the Commission or by a predecessor agency? ( ) Yes (X) No Applicant has had two Section 325 applications dismissed because they had become moot. See 325-STA- 20050701-00016 and 325-NEW-20050426-0001 1. If the answer to (a) and/or (b) is Yes, explain: 12. a. Has applicant or any party to this application been found guilty by any court of any felony?( ) Yes (X)No b. Has applicant or any party to this application been finally adjudged guilty by a federal court of the violation of the laws of the United States relating to unlawful monopoly, restraint of trade, and/or unfair methods of competition? ( )Yes (X)No If the answer to (a) and/or (b) is Yes, explain. FCC 308(Page 3) July 1988

13. Address of studio or other place at which programs will originate. 3655 Nobel Drive, Suite 470, San Diego, CA 14. State ownership of originating facilities. The studio equipment is owned by the applicant. The building space being used for the studios is being leased from a commercial landlord. 15. Describe the means (wireline, radio link, or other method) whereby programs will be delivered to foreign station(s), including names of any interconnecting common carriers. Applicant uses a satellite link provided by National Public Radio to deliver the programming to XEPRS(AM). 16. Give the location, type, and authorized power of foreign station(s) to which programs will be delivered, and identify the licensee or operating agency of such station(s). See Exhibit Ill 17. Attach as Exhibit No. V a full explanation of the legal relationship between the applicant and foreign station(s) involved, including a copy of contract (if any) with foreign station(s). 18. (a) Attach as Exhibit No. VI a statement as to whether program deliveries are to be intermittent or regularly scheduled, and the average number of hours per day, week and/or month during which the foreign station(s) involved will broadcast such programs. (b) Attach as Exhibit No. VI a detailed description of the nature and character of the programming proposed and the language to be employed. CERTIFICATION The APPLICANT acknowledges that all statements contained in this application and attached exhibits are material representations, and that the exhibits forming a part of this application are incorporated herein as if set out in full in the application. The undersigned certifies that the statements contained in this application are true, complete, and correct to the best of his/her knowledge and belief and are made in good faith. Signed and dated this ?/'ay of , 2008 Broadcast Company of the Americas, LLC resident WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND IMPRISONMENT. U.S., CODE, TITLE 18, SECTION 1001. EXHIBITS furnished as required by this form: Exhibit No. Para. No. of Form Name of officer or employee (1) by whom or (2) under whose Official Title direction exhibit was prepare (show which) I 7 John 1. Lynch President II 9(b) John T. Lynch President III 16 John 1. Lynch President Iv V 17 John T. Lynch President VI 18 John T. Lynch President FCC 308(Page 4) July 1988

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XEPRS(AM) Exhibit I Structure of the Applicant The applicant, which currently holds a Section 325 authorization to provide programming to XEPRS(AM) and which hereby seeks a renewal of that authorization, is a limited liability company organized under the laws of the State of California. No officer, director or member is an alien. One of the members is The Viej as Band of Kumeyaay Indians, which is one of the twelve bands of the Kumeyaay Indian Nation. The Viejas Band is a federally-recognized sovereign Indian tribe. DC_DOCS:673978.1

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XEPRS(AM) Exhibit II Broadcast Interests Broadcast Company of the Americas, LLC, currently holds an authorization under Section 325 of the Communications Act to provide programming to XEPRS(AM) (325- NEW-20030303-0000l). The instant application seeks the renewal of that authorization. Broadcast Company of the Americas, LLC, also holds an authorization under Section 325 of the Communications Act to provide programming to XHBCE-FM (325-NE W - 20050425-00010). There is also pending before the Commission an application filed by Broadcast Company of the Americas, LLC, for Section 325 authority to provide programming to XEKTT(AM) (325-NEW-20050426-00012). In addition, there are pending before the Commission three applications for new Section 325 authorizations in conjunction with a transfer of control of Broadcast Company of the Americas, LLC. File numbers have not yet been issued with respect to those applications. John T. Lynch holds an attributable interest in Armada Media Corporation. Through its subsidiaries, Armada Media Corporation owns the radio broadcast stations set forth in the attachment to this Exhibit II. All of those stations are geographically distant from the station that is the subject of the instant application. Other than as set forth above, the applicant and its principals hold no interests in any broadcast station or pending application. DCDOCS:673978. 1

Attachment to Exhibit II Broadcast Holdings of Armada Media Corporation Through its subsidiaries, Armada Media Corporation holds interests in the following broadcast stations: Armada Media - Aberdeen, Inc. KSDN(AM), Aberdeen, SD (Fac. ID. No. 25120) KSDN-FM, Aberdeen, SD (Fac. ID. No. 25118) KGIM(AM), Aberdeen, SD (Fac. ID. No. 1172) KGIM-FM, Redfield, SD (Fac. ID. No. 70081) KNBZ(FM), Redfield, SD (Fac. ID. No. 84240) KBFO(FM) Aberdeen, SD (Fac. ID. No. 9670). Armada Media - Menominee, Inc. WMAM(AM), Marinette, WI (Fac. ID. No. 40149) WLST(FM), Marinette, WI (Fac. ID. No. 47935) WAGN(AM), Menominee, MI (Fac. ID. No. 24584) WHYB(FM), Menominee, MI (Fac. ID. No. 11609) WSFQ(FM), Peshtigo, WI (Fac. ID. No. 30467) Armada Media - McCook, Inc. KICX-FM, McCook, NE (Fac. ID. No. 57517) KRKU(FM), McCook, NE (Fac. ID. No. 86863) KFNF(FM), Oberlin, KS (Fac. ID. No. 37132) BNPH-20060310AAY, McCook, NE (Fac. ID. No. 166033) KBRL(AM) McCook, NE (Fac. ID. No. 57516) KADL(FM), Imperial, NE (Fac. ID. No. 88537) KSTH(FM), Holyoke, CO (Fac. ID. No. 85760) KJBL(FM), Julesburg, CO (Fac. ID. No. 84864) On September 6, 2007, Armada Media - McCook, Inc., filed with the Commission an application, under lead File No. BALH-20070906AEC, seeking the Commission's consent to the assignment of the FCC licenses associated with the following stations from NRG License Sub, LLC, to Armada Media - McCook, Inc.: KXNP(FM), North Platte, NE (Fac. ID. No. 9934) KODY(AM), North Platte, NE(Fac. ID. No. 9931) KMTY(FM), Holdrege, NE(Fac. ID. No. 27174) KUVR(AM), Holdrege, NE(Fac. ID. No. 27178) DC_DOC5:673978.1

That assignment application has been granted. As of the date of filing of the instant application, the assignment of the licenses for KXNP(FM), KODY(AM), KMTY(FM) and KUVR(AM) from NRG License Sub, LLC, has not yet been consummated. Armada Media - Watertown, Inc. KMSD(AM), Milbank, SD (Fac. ID. No. 63599) KDIO(AM), Ortonville, MN (Fac. ID. No. 67770) KPHR(FM), Ortonville, MN (Fac. ID. No. 67753) KBWS-FM, Sisseton, SD (Fac. ID. No. 36355) Armada Media - Garden City, LLC On August 30, 2007, Armada Media - Garden City, Inc., filed with the Commission applications, under lead File Nos. BAL-20070830ACE and BALH- 20070830ACD, seeking the Commission's consent to the assignment of the FCC licenses associated with the following stations from KBUF Partnership and Western Kansas Wireless, Inc., to Armada Media - Garden City, Inc.: KBUF(AM), Holcomb, KS (Fac. ID. No. 33689) KKJQ(FM), Garden City, KS (Fac. ID. No. 33690) KSKZ(FM), Copeland, KS (Fac. ID. No. 60873) KULY(AM), Ulysses, KS (Fac. ID. No. 198) KFXX-FM, Hugoton, KS (Fac. ID. No. 199) KWKR(FM), Leoti, KS (Fac. ID. No. 67042) KSSA(FM), Ingalls, KS (Fac. ID. No. 77873) KSKL(FM), Scott City, KS (Fac. ID. No. 71853) Those applications have been granted. As of the date of filing of the instant application, the assignment of the licenses for these eight stations from KBUF Partnership and Western Kansas Wireless, Inc., has not yet been consummated. Currently pending before the Commission are applications seeking Commission consent to the transfer of control of Armada Media Corporation. The transfer would arise as the result of the acquisition of interests in Armada Media Corporation by parties other than John T. Lynch. Applications have been filed with respect to each of the above Armada stations. See BTC-20071221ADR and related applications. DC_DOCS:673978.1

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XEPRS(AM) Exhibit III Foreign Station(s) to which Programming will be Delivered The programming will be delivered to XEPRS(AM). XEPRS(AM), Rosarito, B.C., holds authority from the Mexican government to operate on 1090 kHz at 50 kW non-directionally during the day and at 50 kW with a three tower directional array at night. The holder of the concession for XEPRS(AM) is Interamericana de Radio, S.A. de C.V. DC_DOCS:673978. 1

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XEPRS(AM) Exhibit V Relationship Between the Applicant and the Foreign Station By the instant application, the applicant is seeking a renewal of its authority to deliver programming to XEPRS(AM). The applicant previously has entered into an agreement with the concession holder of XEPRS(AM) whereby the applicant provides programming to, and sells commercial time on, the station. A copy of that agreement (from which the financial terms have been redacted) is attached hereto. The XEPRS(AM) concession holder holds no interest in the applicant. DC_DOCS:673978. 1

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XEPRS(AM) Exhibit VI Programming Pursuant to Programming Agreement The applicant provides news, sports and other entertainment programming to XEPRS(AM) for up to 24 hours per day, seven days per week, except for that airtime retained by the concession holder to comply with the requirements of Mexican law. The format will be adjusted by the applicant as necessary to meet the demands of the public. The programming will be in either Spanish or English. DCDOCS:673978. I


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