Approved by OMB 3060-0031
October 2020
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(REFERENCE COPY - Not for submission) Amendment to an Assignment

File Number:
BALED-20101228AAS
Submit Date:
12/28/2010
Lead Call Sign:
WFLV
Facility ID:
58363


FRN:
0004121000
Service:
Full Power FM
Purpose:
Assignment Amendment
Status:
Granted
Status Date:
05/16/2011
Filing Status:
Active


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? Yes
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:

Applicant Information

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Applicant Name, Type, and Contact Information

Applicant Address Phone Email Applicant Type

BARRY TELECOMMUNICATIONS, INC.

Assignor

Doing Business As: BARRY TELECOMMUNICATIONS, INC.

STATIONS WXEL (FM)

P.O. BOX 6607

WEST PALM BEACH, FL 33405

United States

+1 (561) 737-8000

BHENNEBERG@WXEL.ORG

OTH

Contact Representatives (4)

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Contact Name Address Phone Email Contact Type

K. PATRICK MEEHAN

HOLLAND & KNIGHT LLP

100 N. TAMPA STREET

SUITE 4100

TAMPA, FL 33602

+1 (813) 227-6482

PAT.MEEHAN@HKLAW.COM

JOHN CRIGLER

GARVEY SCHUBERT & BARER

1000 POTOMAC STREET NW

5TH FLOOR

WASHINGTON, DC 20007

+1 (202) 298-2521

JCRIGLER@GSBLAW.COM

BARRY TELECOMMUNICATIONS, INC.

STATIONS WXEL (FM)

P.O. BOX 6607

WEST PALM BEACH, FL 33405

United States

+1 (561) 737-8000

BHENNEBERG@WXEL.ORG

CLASSICAL SOUTH FLORIDA INC

330 SW SECOND STREET, SUITE #207

P.O. BOX 6607

FORT LAUDERDALE, FL 33312

United States

+1 (651) 290-1259

LEGAL@AMERICANPUBLICMEDIA.ORG

Parties to the Application (29)

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Party Name Address Phone Email Positional Interest

MARY NEASE AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
STAFF OFFICER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

MARK ALFUTH AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
STAFF OFFICER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

JON R MCTAGGART AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
STAFF OFFICER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

THOMAS J KIGIN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
STAFF OFFICER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

MARILYN SUTTON AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

AUSTIN P SULLIVAN JR AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

DAVID R STRAND AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

ADDISON PIPER AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

GLEN D NELSON AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

WILLIAM R MCLAUGHLIN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

SARA H GAVIN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

STEVE FRITZE AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

JANET M DOLAN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

BRADBURY ANDERSON AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE & SECRETARY
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

PAUL REYELTS MN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE & TREASURER
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

IAN FRIENDLY AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE & VICE CHAIR
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

RANDALL HOGAN AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
TRUSTEE & CHAIR
Citizenship:
United States
Percentage of Votes:
7.7%
Percentage of Total Assets:
0%

AMERICAN PUBLIC MEDIA GROUP

480 CEDAR STREET ST. PAUL

MN 55101

Positional Interest:
PARENT SUPPORT ORGANIZATION
Citizenship:
United States
Percentage of Votes:
100%
Percentage of Total Assets:
100%

MILTON J. WALLACE CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

BERNICE SCHWENKE CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

JON R MCTAGGART CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
SENIOR VICE PRESIDENT AND CHIEF OPERATING OFFICER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

MARK ALFUTH CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
SENIOR VICE PRESIDENT, CFO AND ASSISTANT TREASURER
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

THOMAS J KIGIN CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
EXECUTIVE VICE PRESIDENT AND ASSISTANT SECRETARY
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%

DOUGLAS EVANS CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE & PRESIDENT
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

JONATHAN LOW CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE & TREASURER
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

MARY LOU DASBURG CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE & SECRETARY
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

WILLIAM H KLING CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE & VICE CHAIR
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

BOB NELSON CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
TRUSTEE & CHAIR
Citizenship:
United States
Percentage of Votes:
14.%
Percentage of Total Assets:
0%

CLASSICAL SOUTH FLORIDA INC.

330 SW SECOND STREET SUITE #207 FORT LAUDERDALE

FL 33312

Positional Interest:
ASSIGNEE
Citizenship:
United States
Percentage of Votes:
0%
Percentage of Total Assets:
0%



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? Yes
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?
6a) Enter the citation of the applicable declaratory ruling by DA/FCC number or the FCC Record citation, release date, or any other identifying information.
7) Has there been any change in the applicant's foreign ownership since issuance of the declaratory ruling(s) cited in response to Question 6?
7a) Enter the File or Docket Number of the Petition for Declaratory Ruling that the applicant has filed for its foreign ownership in connection with this application pursuant to Section 310(b)(4) of the Communications Act.
8) Does the applicant certify that it is in compliance with the terms and conditions of the foreign ownership declaratory ruling(s) cited in response to Question 6?
9) 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?

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 declare, under penalty of perjury, that I am an authorized representative of the above-named applicant for the Authorization(s) specified above.


Attachments

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File Name Uploaded By Attachment Type Description Upload Status
1412472_7522650.pdf Applicant All Purpose ASSET PURCHASE AGREEMENT Done with Virus Scan and/or Conversion
1412472_7523933.pdf Applicant All Purpose OTHER ATTRIBUTABLE INTERESTS Done with Virus Scan and/or Conversion
1412472_7525600.pdf Applicant All Purpose Organization structure Done with Virus Scan and/or Conversion
1412472_7525601.pdf Applicant All Purpose Facilities list Done with Virus Scan and/or Conversion
1424596_7985456.pdf Applicant All Purpose Amendment No. 1 to Asset Purchase Agreement Done with Virus Scan and/or Conversion
1424596_7985501.pdf Applicant All Purpose Educational Purpose and Programming Statement Done with Virus Scan and/or Conversion
1424596_935294.txt Applicant All Purpose PURPOSE OF AMENDMENT Done with Virus Scan and/or Conversion
1424596_935295.txt Applicant All Purpose ASSET PURCHASE AGREEMENT Done with Virus Scan and/or Conversion
1424596_935296.txt Applicant All Purpose ORGANIZATION STRUCTURE & EDUCATIONAL PURPOSE AND PROGRAMMING STATEMENT Done with Virus Scan and/or Conversion
1424596_935297.txt Applicant All Purpose EXHIBIT 12 Done with Virus Scan and/or Conversion
1424596_935298.txt Applicant All Purpose OTHER BROADCAST INTERESTS Done with Virus Scan and/or Conversion
1424596_935299.txt Applicant All Purpose MULTIPLE OWNERSHIP Done with Virus Scan and/or Conversion
D:\data\prod\cdbs\letters\\25\A-1424596_F-58363_L-25942-BALED-20101228AAS.pdf Internal All Purpose imported letter Done with Virus Scan and/or Conversion
D:\data\prod\cdbs\letters\\27\A-1424596_F-58363_L-27374-BALED-20101228AAS.pdf Internal All Purpose imported letter Done with Virus Scan and/or Conversion