Attachment 20120321111027.pdf

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

IBFS_325RWL2008041200001_945754

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                                                     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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Document Modified: 2019-04-10 18:17:53

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