Attachment 20120308162151.pdf

This document pretains to 325-RWL-20110120-00001 for Renewal on a Permit to Foreign Broadcast filing.

IBFS_325RWL2011012000001_943304

, PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. MSS\ WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http:!/www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 Report No. 325-00162 Wednesday March 16,2011 PERMIT TO DELIVER PROGRAMS TO FOREIGN BROADCAST STATIONS RE: ACTIONS TAKEN The Commission, by its International Bureau, took the following actions pursuant to delegated authority. The effective dates of the actions are the dates specified. INFORMATIVE 325-RWL-20110120-00001 Broadcast Company of the Americas, LLC GRANTED Granted on March 16,2011, subject to conditions, application for Section 325 (c) Pennit by Broadcast Company of the Americas, LLC (BCA") to Deliver programming to XHPRS-FM formerly XHBCE-FM, Tecate, B.C. Grant of this permit is conditioned upon the Mexican stations operation in full compliance with applicable treaties and related provisions concerning electrical interference to U.S. Broadcast stations. This authorization is predicated on the use of a foreign station assignment, which must abide by the terms of the 1992 USA-Mexico FM Broadcast Agreement. Hence, this program authorization applies only to the specific foreign station facilities which are currently on file with the Commission as having been officially coordinated by the Secretaria de Cornunicaciones y Transportes (SCT) in Mexico and subsequently approved by the Commission for operation. If the transmitter coordinates or technical operating parameters of the foreign station are altered subsequent to this authorization or are found to be different from those currently on file and approved by the Commission, subject to immediate termination without rigjeajn. For more information concerning this Notice, contact Janice Shields at (202) 418-2153; Janice.Shields@fcc.gov; Try 202-418-2555. Page 1 of 1

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: BROADCAST COMPANY OF THE AMERICAS, LLC Call Sign: Authorization Type: Renewal of License File Number: 325-RWL-201 10120-00001 Grant date: 03/16/2011 Expiration Date: 03/16/2016 Subject to the provisions of the Communications Act of 1934, subsequent Acts, and Treaties, and Commission Rules made thereunder, and further subject to conditions set forth in this permit, the PERMITTEE: BROADCAST COMPANY OF THE AMERICAS, LLC is hereby authorized to locate, use, or maintain a studio in the United States for the purpose of supplying program material to foreign broadcast stations for the term ending March 16, 2016 (3 AM Eastern Standard Time). Particulars of Operations A) Studio Location: 6160 Cornerstone Court East, Suite 100 San Diego, CA 92121 B) For the purpose of producing programs consisting of: To deliver to XHPRS-FM Spanish and English news, sports, and other entertainment for up to 24 hours per day, seven days per week when this station begins use of Class Cl facilities. C) To be delivered by means of: terrestrial radio link or a satellite link provided by National Public Radio D) To stations identified and located as follows: Call Sign Channel Station Locations(s) XHPRS Tecate, Baja CA, Mexico The Commission reserves the right during said permit period of terminating this permit or making effective any changes or modifications of this permit which may be necessary to comply with any decision of the Commission rendered as a result of any such hearing which has been designated but not held, prior to the commencement of this permit period. This permit is issued on the permittees representation that statements contained in the permittees application are true and that the undertakings therein contained, so far as they are consistent herewith, will be carried out in good faith. This permit shall not vest in the permittee any right to operate beyond the term hereof nor in any other manner than authorized herein. Neither the permittee nor the right granted hereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934. This permit is subject to the right of use or control by the Government of the United States conferred by Section 606 of the Communications Act of 1934. E) Special and General Provisions A) This RADIO STATION AUTHORIZATION is granted subject to the following special provisions and general conditions: 200 --- This authorization is predicated on the use of a foreign station assignment, which must abide by the terms of the 1992 USA-Mexico FM Broadcast Agreement. Hence, this program authorization applies only to the specific foreign station facilities which are currently on file with the Commission as having been officially coordinated by the Secretaria de Comunicaciones y Transportes (SCT) in Mexico and subsequently approved by the Commission for operation. If the transmitter coordinates or technical operating parameters of the foreign station are altered subsequent to this authorization or are found to be different from those currently on file and approved by the Commission, this program authorization will be subject to immediate termination without right to hearing. (page 1 of2) FCC Form 354

UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION RADIO STATION AUTHORIZATION Name: BROADCAST COMPANY OF THE AMERICAS, LLC Call Sign: Authorization Type: Renewal of License File Number: 325-RWL-201 10120-00001 Grant date: 03/16/2011 Expiration Date: 03/16/2016 B) This RADIO STATION AUTHORIZATION is granted subject to the additional conditions specified below: This authorization is issued on the grantee's representation that the statements contained in the application are true and that the undertakings described will be carried out in good faith. This authorization shall not be construed in any manner as a finding by the Commission on the question of marking or lighting of the antenna system should future conditions require. The grantee expressly agrees to install such marking or lighting as the Commission may require under the provisions of Section 303(q) of the Communications Act. 47 U.S.C. § 303(q). Neither this authorization nor the right granted by this authorization shall be assigned or otherwise transferred to any person, firm, company or corporation without the written consent of the Commission. This authorization is subject to the right of use or control by the government of the United States conferred by Section 706 of the Communications Act. 47 U.S.C. § 706. Operation of this station is governed by Part 25 of the Cominission's Rules. 47 C.F.R. Part 25. This authorization shall not vest in the licensee any right to operate this station nor any right in the use of the designated frequencies beyond the term of this license, nor in any other manner than authorized herein. This authorization is issued on the grantee's representation that the station is in compliance with environmental requirements set forth in Section 1.1307 of the Commission's Rules. 47 C.F.R. § 1.1307. This authorization is issued on the grantee's representation that the station is in compliance with the Federal Aviation Administration (FAA) requirements as set forth in Section 17.4 of the Commission's Rules. 47 C.F.R. 17.4. The following condition applies when this authorization permits construction of or modifies the construction permit of a radio station. This authorization shall be automatically forfeited if the station is not ready for operation by the required date of completion of construction unless an application for modification of authorization to request additional time to complete construction is filed by that date, together with a showing that failure to complete construction by the required date was due to factors not under control of the grantee. Licensees are required to pay annual regulatory fees related to this authorization. The requirement to collect annual regulatory fees from regulatees is contained in Public Law 103-66, "The Omnibus Budget Reconciliation Act of 1993." These regulatory fees, which are likely to change each fiscal year, are used to offset costs associated with the Conunission's enforcement, public service, international and policy and rulemaking activities. The Commission issues a Report and Order each year, setting the new regulatory fee rates. Receive only earth stations are exempt from payment of regulatory fees. (page2of2) FCCForm354

PUBLIC NOTICE '/ ; FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. A1MISS WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or fip.fcc.gov) TTY (202) 418-2555 Report No. 325-00161 Thursday February 10, 2011 PERMIT TO DELIVER PROGRAMS TO FOREIGN BROADCAST STATIONS RE: Applications Accepted for Filing The applications listed herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any of the applications if, upon further examination, it is determined they are defective and not in conformance with the Commission's Rules and Regulations and its Policies. INFORMATIVE 325-RWL-20110120-0000I Broadcast Company of the Americas, LLC ACCEPTED FOR FILING Application for Section 325 (c) permit by Broadcast Company of the Americas, LLC (BCA), to renew authorization to deliver pgramming to XHPRS.FM formerly XHBCE..FM, Tecate, B.C. Petitions to deny this application must reference the file number associated with the 325(c) application and be on file no later than 30 days from the date of the notice accepting this Application for filing. Guidelines for filings are available at: www.fcc.gov/osec. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. In addition, please submit one copy of your petition to Janice Shields, FCC, International Bureau, Room 6- B418, 445 12th Street, SW, Washington, D.C. 20554. For more information concerning this Notice, contact Janice Shields at(202) 418-2153; Janice.Shields@fcc.gov; TTY 202-418-2555. Page 1 of 1

OTHER OFFICES beijing, china new york, new york portland, oregon seattle, washington OS 8 LAW.COM A PARTNSRSHIP OF PROFESSIONAL CORPORATIONS Please reply to JOHN M FELKEY jpelkey®gsblaw. corn TEL EXT 2528 January 19, 2011 Our File No. 21554-00100-65 VIA FEDERAL EXPRESS Federal Communications Commission do U.S. Bank Government Lockbox 979093 SL-MO-C2-GL 1005 Convention Plaza St. Louis, MO 63101 (Attention: FCC Government Lockbox) Re: Broadcast Company of the Americas, LLC FCC Form 308 - Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Station XHPRS-FM (formerly XHBCE-FM), Tecate, B.C. Dear Sir or Madam: Submitted herewith in duplicate is an FCC Form 308, Application for Permit to Deliver Programs to Foreign Broadcast Station, submitted by Broadcast Company of the Americas, LLC ("BCA"), whereby BCA seeks renewal of its authority under Section 325(c) of the Communications Act to deliver programming to XHPRS-FM (formerly XHBCE-FM), Tecate, B.C. Also submitted herewith are the FCC Form 159 and requisite filing fee of $95.00. Should there be any questions concerning this matter, please communicate directly with this office. Respectfully submitted, Jo1n M. Pelkey Enclosures JMP:yg

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, 6160 Cornerstone Court East, #100, San Diego, CA 92121 (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, 5th 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: C) 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 isa 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. 6160 Cornerstone Court East, #100, San Diego, CA 92121 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 XHPRS-FM. 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 Exhibitlll 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 /_3 day of Jcu,,t , 2011 Broadcast Company of the Americas, LLC By: 2. (Signature) Chief Executive Officer 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 W. Lawrence Patrick Chief Executive Officer H 9(b) W. Lawrence Patrick Chief Executive Officer III 16 W. Lawrence Patrick Chief Executive Officer Iv V 17 W. Lawrence Patrick Chief Executive Officer VI 18 W. Lawrence Patrick Chief Executive Officer FCC 308(Page 4) July 1988

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XHPRS-FM Exhibit I Structure of the Applicant The applicant, which currently holds a Section 325 authorization to provide programming to XHPRS-FM (formerly XHBCE-FM) (File No. 325-NEW-20050425- 000 10) 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. The three managers of the applicant are all members of the tribe.

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XHPRS-FM Exhibit II Broadcast Interests In addition to the Section 325 authorization that is the subject of this renewal application, Broadcast Company of the Americas, LLC, holds authorizations under Section 325 of the Communications Act to provide programming to XEPRS(AM) (325- NEW-20030303-0000l and 325-RWL-20080412-0000l) and XEKTT (also known as XEPE) (325-NEW-20050426-00012). The Chief Executive Officer of the applicant is W. Lawrence Patrick. Mr. Patrick holds attributable interests in the stations set forth in the Attachment to this exhibit. Other than as set forth above, the applicant and its principals hold no interests in any broadcast station or pending application for a new broadcast station.

Attachment to Exhibit II Stations in which W. Lawrence Patrick holds an Attributable Interest Call Sign Facility ID Number Location (City/State) KAML-FM 24211 Gillette, Wyoming KBBS(AM) 32988 Buffalo, Wyoming KCGL(FM) 43918 Powell, Wyoming KDD V-FM 165980 Wright, Wyoming KGWY(FM) 54044 Gillette, Wyoming KIML(AM) 24212 Gillette, Wyoming KKLX(FM) 35896 Worland, Wyoming KLGT(FM) 12698 Buffalo, Wyoming KODI(AM) 74351 Cody, Wyoming KTAG(FM) 74354 Cody, Wyoming KWOR(AM) 35897 Worland, Wyoming KZMQ(AM) 5245 Greybull, Wyoming KZMQ-FM 5248 Greybull, Wyoming KZZS(FM) 89085 Story, Wyoming KGRN(AM) 43242 Grinnell, Iowa KRTI(FM) 35564 Grinnell, Iowa KCOB(AM) 9900 Newton, Iowa KCOB-FM 9899 Newton, Iowa KKFD-FM 23037 Fairfield, Iowa KMCD(AM) 23040 Fairfield, Iowa KIRK(FM) 78275 Macon, Missouri KRES(FM) 35890 Moberly, Missouri KWIX(AM) 35889 Moberly, Missouri KAAN(AM) 31004 Bethany, Missouri KAAN-FM 31005 Bethany, Missouri KMRN(AM) 50744 Cameron, Missouri KKWK(FM) 50745 Cameron, Missouri KREI(AM) 35531 Farmington, Missouri KTJJ(FM) 35533 Farmington, Missouri KJFF(AM) 35532 Festus, Missouri KBNN(AM) 51093 Lebanon, Missouri KJEL(FM) 51094 Lebanon, Missouri KJPW(AM) 53877 Waynesville, Missouri KIIK-FM 53876 Waynesville, Missouri KFBD-FM 4259 Waynesville, Missouri KOZQ(AM) 4260 Waynesville, Missouri KDKD(AM) 12058 Clinton, Missouri KDKD-FM 12056 Clinton, Missouri

Call Sign Facility ID Number Location (City/State) KUBE-TV 70492 Baytown, Texas KDBC-TV 33764 El Paso, Texas KCWF-CA 33767 Las Cruces, New Mexico KCWO-CA 33765 Silver City, New Mexico KKNJ-LP 33766 Alamogordo, New Mexico KFRE-TV 59013 Sanger, California KMPH-TV 51488 Visalia, California KMPH-CA 51489 Merced Mariposa, ___________________________ ___________________________ California KPTH-DT 77451 Sioux City, Iowa KPTP-LP 127666 Norfolk, Nebraska KPTM-DT 51491 Omaha, Nebraska KKAZ-CA 51492 Omaha, Nebraska KTNC-TV 21533 Concord, California KUNO-TV 8378 Fort Bragg, California KDSL-CA 8293 Ukiah, California WCWG-DT 35385 Lexington, North Carolina

Application for Renewal of Pennit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XHPRS-FM Exhibit III Foreign Station(s) to which Programming will be Delivered The programming will be delivered to XHPRS-FM (formerly XHBCE-FM). XHPRS-FM, Tecate, B.C., holds authority from the Mexican government to operate on 105.7 MHz at an ERP of 8.2 kW using a directional antenna. The holder of the concession for XHPRS-FM is C. Roxana Alexanderson.

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XHPRS-FM Exhibit V Relationship Between the Applicant and the Foreign Station By the foregoing application, the applicant is seeking authority to continue delivering programming to XHPRS-FM. The applicant has entered into an agreement whereby the applicant provides programming to, and sells commercial time on, XHPRS- FM. A copy of that agreement (from which the financial terms have been redacted) is attached hereto. The XHPRS-FM concession holder holds no interest in the applicant.

Application for Renewal of Permit to Deliver Programs to Foreign Broadcast Stations Broadcast Company of the Americas, LLC XHPRS-FM Exhibit VI Programming Pursuant to Programming Agreement The applicant provides news, sports and other entertainment programming to XHPRS-FM 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 may be in either Spanish or English.


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