Attachment 325 c XETV Renewal.p

325 c XETV Renewal.p

PUBLIC NOTICE

XETV-Bay City TV (Letter and Application)

2013-04-30

This document pretains to 325-RWL-20130430-00001 for Renewal on a Permit to Foreign Broadcast filing.

IBFS_325RWL2013043000001_999365

Holland & Knight 800 17th Street, NW, Suite 1100 I Washington, DC 20006 1202.955.3000 I F 202.955.5564 Holland & Knight LLP www.hklaw.com April 29, 2013 Norman P. Leventhal (202) 828-1860 VIA UPS OVERNIGHT Federal Communications Commission U.S. Bank - Government Lockbox International and Satellite Service P.O. Box 979093 (SL-MO-C2-GL) 1005 Convention Plaza, MO 63101 St. Louis, Missouri 63 197-9000 Re: Form 308 Application for Permit to Deliver Programs to Foreign Broadcast Stations Bay City Television, Inc. Extension of Existing Authority, 325-RWL-20080505-00002 Dear Sir or Madam: On behalf of Bay City Television, Inc., ("Bay City"), enclosed are an original and two copies of an Application for Permit to Deliver Programs to Foreign Broadcast Stations (FCC Form 308) requesting Commission approval in the extension of existing authority of File No. 325-RWL-20080505-00002, in the delivery via satellite, of Bay City programming to Mexican television station XETV(TV), Tijuana, Mexico. Also enclosed is a Remittance Advice (FCC Form 159) and a check for $95.00 made payable to the Federal Communications Commission for the filing fee. An extra copy of the filing is enclosed. Please date-stamp the extra copy and return it in the self-addressed, postage paid envelope. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, ,(O- Norman P. Leventhal #23008 122_v 1

_L [RCOMMISS1ON USE ONLY L RI. No. United States of America Federal Communleatlons Commission WshLngton, D.C. l664 APPLICATION FOR PERMIT TO DELIVER PROGRAMS TO FOREIGN BROADCAST STATIONS (Carefully read .lnstiuctions before filling out Fc.rm -RETURN ONLY FORM TO FCC) 1. Name of applicant Street Address or P. 0. Box City State ZIP Code Telephone No. (Include area code) Bay City Television, Inc. 8253 Ronson Road San Diego CA 92111 (858) 279-6666 1 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. (include area code) Holland & Knight LU' Norm Leventhal 800 17th Street, N.W. - Washington DC 20006 - (202) 955-3000 3. Legal identity of appl icant: (only check one box) CJ Individual 0 PartnershIp iJ Corporation 0 GOvernment EntitY 0 Other If Otherspecify; 4. Application is for: 325-RWL-20080505-00002 0 New Authorization [] Ectenslon of Existing Authority 5. If applicant is an iridMdual, Is applicant a citizen of the United States? DIN/A o YES 0 NO 6, If applicant is a partnership, are all partners citizens of the United States? DIN/A o YES 0 NO 7. If Applicant is a corporation: --See Exhibit 1-- (Alien Ownership) a. Under laws of what state was it organized? California 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 0 NO c. ls any officer or director of the corporation en alien? f YES 0 NO If the answer is Yes, give the following for each: Name Nationality Position FCC 308 JL4Y 198B

d. is applicant directly or indirectly controlled by any other corporation? YES 0 uo If the answer is Yes, give the following for the controlling corporation. Name Ad&ese State In which organized e. Is more than one-fourth of the capital stock of .the controUtag corporation either owned of record, or may it be voted by aliens, their representatives, or by a foreli government or representative thereof, or by any corporetion organized under the laws of a foreign country? L1 vs Duo f. is any officer or more than one-fourth of the directors of the corporation an alien? r vs 0 If the answer is Yes, give the name, nationality, and position of each, and give the total nurAber of directors of the corporation. Name Nationality Position Number of Directors g. Is the ab6ve-described controlling corporation In turn a subsidiary? 0 YES EI NO if the answer is Yea, attach as Exhibit No. * additional information answering the holding company queations in this paragraph for each company, to and including the organization having ultimata controL 8. a. if the applicant is an unincorporated assocfatlonr give the following: D/N/A Total number of members Number of Allen members (If any) b. State the following for alien officers or directors (if any): Name Nationality Position FCC 306 (Puce 2) July 1988

.1 9. a. What is applicant's principal, business? Television production, programming and sales operations of Station XETV (Tijuana, Mexico) b. Does applicant or any party to this application have any interest ip, or conne<tlon with, any AM, FM, or TV broadcast station (either domestic or foreign), or any application pending before the commission? YES No if the answer is Yes; attach Exhibit No. .1_. iving full partlcular8. 1 0. Is applicant a representative of an alien or of a foreign government? 0 YES No If the answer Is Yes, explain. -- See Exhibit 1 - 11 . a, Has any radio statian authorization previously 'issued to the applicant or party to this application been revoked, either by the Commission or by any court? 0 YES I No b. Has any previous 8pplicatlon by the applicant or party to this application been denied by the Commissioner by a predecessor agency? 0 YES (1 No If the answer to (a) and/or (bi is Yes, explain: 2. a. Has applicant or any party to this application been found guilty by any court of any felony? 0 YES t2I Mo 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? 0 YS No If the answer to (a) and/or Ib) is Yes, explain. FCC (Pg SI July 1956

13. Address of studio or other place at which programs wili orlginatet 8253/8283 Ronson Road, San Diego, CA 92111 14. State ownership of originating facilities. -- See Exhibit 2 -- 15. Describe the means (wiraline, radio link, or other method) whereby programs will be delivered, to foreign station(s), including nnrnea of any lntarcoproting common carriers, Satellite and terrestrial microwave, fiber link, network area storage (coiñputer network) or leased private or common carrier capaci_--. 16, Give the location, type, dàuthorized poar of foreign station(8} to which programs wilIba delivered, and Identify the licensee or operatihg'ag.encofsuh-tatIon(s). Programs will be delivered to commerical TV station XETV, Tijuana, B.C. Mexico, licensed to Radio y Television, S.A. de C.V. XETV operates in analog mode on chanhel 6 at 100kW maximum visual effective radiated power and in digital mode on channel 23 at 403kW maimum visual effective radiated power from Mount San Antonio, Tijuana 17. Attach as Exhibit No. _L a full explanation of the legal relationship between the applicant and foreign station(s), in- volved, including a copy of conttact (if any) with foreign station(s). 18. (a) Attach as Exhibit No. ..L. e 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. _L 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 feith. Signed and dated this 2. day of April 19 2013 By (Name of Applk4nt) RJLFUL FALSE STATEMENTS MADE ON ThIS FORM p. c fo I ARE PUNISHABLE BY FINE AND IMPRISONMENT. U.S. CODE, TITLE 18,.SECTION 1001. EXHIBITS furnished as required by this form: Exhibft No. Pore, No, of form Name of officor or employee ill by whrn or 121 under Official thia 7,10' whee dlrction exhibit wa* prepared lsiiow whichj 1 2 9, 14, 16-17 Rodrigo Salazar Vice President, C FO 3 ' 18(a) rEsuRE i, 4 18(b) Form -_:_ lPoçe 41 July 18a

EXHIBIT 1 Bay City Television, Inc. FCC Form 308 Questions 7, 10 April, 2013 1 of I ALIEN OWNERSHIP The applicant, Bay City Television, Inc. ("Bay City"), is a California corporation all of whose corporate officers and directors are Citizens of the United Mexican States ("Mexico). Directors Jose Antonio Baston Patiño Director and Chairman Salvi Rafael Folch Viadero Director Jorge Lutteroth Echegoyen Director Felix José Araujo Ramirez Director Maria Azucena Dominguez Cobián Director Joaquin Balcarcel Santa Cruz Alternate Director Officers Jose Antonio Bastón Patillo Chairman Felix José Araujo Ramirez Vice-President Rodrigo de Jess Salazar Hernández Vice-President and CFO and Treasurer Joaquin Balcarcel Santa Cruz Secretary MarIa Azucena Dominguez Cobián Assistant Secretary Bay City is directly owned by TVU Enterprises, Inc. a Delaware Corporation ("TVU"), and indirectly owned by Grupo Televisa, S.A.B. a Mexican Corporation based in Mexico City ("Televisa"). Televisa is owned by public shareholders located worldwide. Such ownership by non-U.S. citizens is not a bar to the grant of a Section 325(c) authorization. Indeed, Bay City itself currently holds such authorization: the one for which renewal is hereby sought, which for the past several years has enabled Bay City to transmit local news and other programming electronically to Station XETV(TV), Tijuana, B.C., Mexico. Bay City is not the representative of a foreign government. #22902887 vi

EXHIBIT 2 Bay City Television, Inc. FCC Form 308 Questions 9, 17 April, 2013 1 of 1 LEGAL RELATIONSHIP WITH FOREIGN STATION The applicant, Bay City Television, Inc. ("Bay City"), provides programming and advertising sales services to Mexican television station XETV, which operates in digital mode on Chanel 23 from Mount San Antonio, Tijuana. Although Bay City and Radio TelevisiOn, S.A. de C.V. ("R.T.S.A.'), the licensee of XETV, are both indirectly whollyowned subsidiaries of Grupo Televisa, S.A.B., their legal relationship for purposes of the provision of these services is one of independent contractors. A copy of the contract between Bay City and R.T.S.A. is on file with the FCC. 2

EXHIBIT 3 Bay City Television, Inc. FCC Form 308 Questions 18a April, 2013 1 of I SCHEDULING AND QUANTITY OF PROGRAM DELIVERIES The programming that is the subject of this application will be transmitted to XETVs transmission facilities daily, and includes a full program schedule.

EXHIBIT 4 Bay City Television, Inc. FCC Form 308 Questions I 8b April, 2013 1 of 1 NATURE OF PROGRAMMING XETV-DT, Channel 23, Tijuana, currently provides the San Diego television market with programming in the English language twenty-four hours per day, seven days a week. XETV is the market's CW (Television) Network affiliate.' In addition to new programming it produces on a time-sensitive basis, Bay City transmits electronically from San Diego to XETV in Tijuana its locally-produced public affairs and other programming, as well as general entertainment and sports programming. In sum, the requested permit encompasses the electronic delivery by Bay City to XETV-DT of all types of programming from any source, for digital broadcast on Channel 23, and specifically the following; Locally-produced news and public affairs programming and other local programming as well as all entertainment, sports, non- entertainment and other programming that Bay City acquires from U.S. program distributors, including syndicators and network organizations. All programming will continue to be broadcast in the English language. CW programming is delivered by satellite to XETVs Tijuana transmission facilities pursuant to a Section 325 authorization issued by the Commission. 4


Document Created: 2013-05-21 11:32:40
Document Modified: 2013-05-21 11:32:40
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