Go to the Federal Communications Commission homepage at www.fcc.gov

Licensing and Management System

Approved by OMB 3060-0016
December 2014
Go to the Federal Communications Commission homepage at www.fcc.gov

(REFERENCE COPY - Not for submission)Amendment to a New LPTV Station Construction Permit Application

File Number:
BNPDTL-20100525ADA
Submit Date:
05/25/2010
Call Sign:
K42KZ-D
Facility ID:
185530
FRN:
0004366134
State:
California
City:
CALEXICO
Service:
LPD
Purpose:
Construction Permit Amendment
Status:
Superceded
Status Date:
10/27/2010
Filing Status:
InActive


General Information

Section Question Response
Attachments Are attachments (other than associated schedules) being filed with this application?

Fees, Waivers, and Exemptions

Section Question Response
Fees Is the applicant exempt from FCC application Fees? No
Indicate reason for fee exemption:
Is the applicant exempt from FCC regulatory Fees?
Waivers Does this filing request a waiver of the Commission's rule(s)?
Total number of rule sections involved in this waiver request:
Are the frequencies or parameters requested in this filing covered by grandfathered privileges, previously approved by waiver, or functionally integrated with an existing station?

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

BGM LICENSE, LLC

Applicant

Doing Business As: BGM LICENSE, LLC

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344 Other

Authorization Holder Name

Contact Representatives (2)

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Contact Name Address Phone Email Contact Type

GRAFTON OLIVERA

TECHNICAL CONSULTANT

DU TREIL, LUNDIN & RACKLEY, INC.

201 FLETCHER AVENUE

SARASOTA, FL 34237-6019

United States

+1 (914) 329-6001 GRAFTON@DLR.COM Technical Representative

FRANCISCO R. MONTERO

FLETCHER, HEALD & HILDRETH, P.L.C.

1300 NORTH 17TH STREET

11TH FLOOR

ARLINGTON, VA 22209

United States

+1 (703) 812-0480 MONTERO@FHHLAW.COM Legal Representative

Alien Ownership

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Question Response
1) Is the applicant a foreign government or the representative of any foreign government as specified in Section 310(a) of the Communications Act?
2) Is the applicant an alien or the representative of an alien? (Section 310(b)(1))
3) Is the applicant a corporation, or non-corporate entity, that is organized under the laws of any foreign government? (Section 310(b)(2))
4) Is the applicant an entity of which more than one-fifth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any entity organized under the laws of a foreign country? (Section 310(b)(3))
5) Is the applicant directly or indirectly controlled by any other entity of which more than one-fourth of the capital stock, or other equity or voting interest, is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any entity organized under the laws of a foreign country? (Section 310(b)(4))
6) Has the applicant received a declaratory ruling(s) under Section 310(b)(4) of the Communications Act?
7) In connection with this application, is the applicant filing a foreign ownership Petition for Declaratory Ruling pursuant to Section 310(b)(4) of the Communications Act?

Basic Qualifying Questions

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Section Question Response
Revoked Application Has the Applicant or any party to this application had any FCC station Authorization revoked or had any application for an initial, modification or renewal of FCC station Authorization denied by the Commission?
State or Federal Convictions Has the Applicant or any party to this application, or any party directly or indirectly controlling the Applicant, ever been convicted of a felony by any state or federal court?

Channel and Facility Information

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Section Question Response
Facility ID 185530
State California
City CALEXICO
LPD Channel 42

Antenna Location Data

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Section Question Response
Antenna Structure Registration Do you have an FCC Antenna Structure Registration (ASR) Number? Yes
ASR Number 1275618
Coordinates (NAD83) Latitude 32° 40' 30.2" N+
Longitude 115° 22' 41.1" W-
Structure Type
Overall Structure Height 91.4 meters
Support Structure Height
Ground Elevation (AMSL) 10 meters
Antenna Data Height of Radiation Center Above Ground Level 78 meters
Height of Radiation Center Above Mean Sea Level 88 meters
Effective Radiated Power 15 kW

Antenna Technical Data

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Section Question Response
Antenna Type Antenna Type Non-Directional
Do you have an Antenna ID? Yes
Antenna ID 101527
Antenna Manufacturer and Model Manufacturer: ANT
Model ACS8O
Rotation
Electrical Beam Tilt 0.25
Mechanical Beam Tilt Not Applicable
toward azimuth
Polarization
Elevation Radiation Pattern Does the proposed antenna propose elevation radiation patterns that vary with azimuth for reasons other than the use of mechanical beam tilt? No
Uploaded file for elevation antenna (or radiation) pattern data
Out-of-Channel Emission Mask: Stringent

Parties to the Application (6)

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Party Name Address Phone Email Positional Interest

SERGIO CABADA, 5925 CROMO DR., EL PASO, TX 79912

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344
Positional Interest:
LIMITED PARTNER
Citizenship:
United States
Percentage of Votes:
40%
Percentage of Total Assets:
40%

PLEASE SEE EXHIBIT 5 FOR OWNERSHIP OF BROADCAST GORUP MANAGEMENT, LLC AND CABAFAM, INC.

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344
Positional Interest:
Citizenship:
Percentage of Votes:
%
Percentage of Total Assets:
%

CABAFAM, INC., 5925 CROMO DR., EL PASO, TX 79912

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344
Positional Interest:
LIMITED PARTNER
Citizenship:
Percentage of Votes:
20%
Percentage of Total Assets:
20%

BROADCAST GROUP, LTD., 5925 CROMO DR., EL PASO, TX 79912

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344
Positional Interest:
APPLICANT
Citizenship:
Percentage of Votes:
0%
Percentage of Total Assets:
0%

BROADCAST GROUP MANAGEMENT, LLC, 5925 CROMO DR., EL PASO, TX 79912

Positional Interest:
GENERAL PARTNER
Citizenship:
Percentage of Votes:
1%
Percentage of Total Assets:
1%

ALFONSO CABADA, 5925 CROMO DR., EL PASO, TX 79912

5925 CROMO DRIVE

EL PASO, TX 79912

United States

+1 (915) 585-6344
Positional Interest:
LIMITED PARTNER
Citizenship:
United States
Percentage of Votes:
40%
Percentage of Total Assets:
40%

Attributable Interest

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Section Question Response
Equity and Financial Interests Applicant certifies that equity and financial interests not set forth by the applicant parties are non-attributable.
Other Authorizations Does the applicant or any party to the application have an attributable interest in any other broadcast station(s).

Construction Permit Certifications

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Section Question Response
Environmental Effect Would a Commission grant of Authorization for this location be an action which may have a significant environmental effect? (See 47 C.F.R. Section 1.1306) Yes
Broadcast Facility The proposed facility complies with all of the following applicable rule sections. 47 C.F.R. Sections 74.709, 74.793(e), 74.793(f), 74.793(g), 74.793(h)

Legal Certifications

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Section Question Response
Character Issues Applicant certifies that neither applicant nor any party to the application has or had any interest in, or connection with: (a) any broadcast application in any proceeding where character issues were left in unresolved or were resolved adversely against the applicant or party to the application; or (b) any pending broadcast application in which character issues have been raised. Yes
Adverse Findings Has the Applicant or any party to this application had an adverse finding or an adverse final action taken by any court or administrative body in a civil or criminal proceeding brought under any law related to the following: any felony; mass media-related antitrust or unfair competition; fraudulent statements to another governmental unit; or discrimination? Yes
Program Service Certification Applicant certifies that it is cognizant of and will comply with its obligations as a Commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. Yes
Local Public Notice Applicant certifies that it has or will comply with the public notice requirements of 47 C.F.R. Section 73.3580. Yes
Equal Employment Opportunity (EEO) If the applicant proposes to employ five or more full-time employees, applicant certifies that it is filing simultaneously with this application a Model EEO Program Report.

Certification

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Section Question Response
General Certification Statements The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by authorization or otherwise, and requests an Authorization in accordance with this application (See Section 304 of the Communications Act of 1934, as amended.).
The Applicant certifies that neither the Applicant nor any other party to the application is subject to a denial of Federal benefits pursuant to §5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. §862, because of a conviction for possession or distribution of a controlled substance. This certification does not apply to applications filed in services exempted under §1.2002(c) of the rules, 47 CFR . See §1.2002(b) of the rules, 47 CFR §1.2002(b), for the definition of "party to the application" as used in this certification §1.2002(c). The Applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.
Authorized Party to Sign

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID

Upon grant of this application, the Authorization Holder may be subject to certain construction or coverage requirements. Failure to meet the construction or coverage requirements will result in automatic cancellation of the Authorization. Consult appropriate FCC regulations to determine the construction or coverage requirements that apply to the type of Authorization requested in this application.

WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, §1001) AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, §312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, §503).

I certify that this application includes all required and relevant attachments.
I declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.

SERGIO CABADA


05/25/2010

Attachments

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File Name Uploaded By Attachment Type Description
1362494_6536639.pdf Applicant All Purpose VERTICAL ANTENNA PATTERN DATA
1362494_6536674.pdf Applicant All Purpose FAA NOTIFICATION
1362494_6536707.pdf Applicant All Purpose OET-69 INTERFERENCE STUDY PARAMETERS
1362494_6536709.pdf Applicant All Purpose OET-69 INTERFERENCE STUDY SUMMARY
1362494_6538458.pdf Applicant All Purpose DTV SEPARATION STUDY TO MEXICAN STATIONS
1396576_889905.txt Applicant All Purpose AMENDMENT PURPOSE
1396576_889906.txt Applicant All Purpose ADDITIONAL INFORMATION RE PARTIES TO THE APPLICATION
1396576_889907.txt Applicant All Purpose FAA
1396576_889908.txt Applicant All Purpose INTERFERENCE & MEXICAN COORDINATION
1396576_889909.txt Applicant All Purpose RF COMPLIANCE AND TECHNICAL SUMMARY