Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0010 (June 2002)
FCC 323
FOR FCC USE ONLY
 
OWNERSHIP REPORT FOR COMMERCIAL BROADCAST STATIONS

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

BOS - 20090423ACQ
Section I - General Information
1. Legal Name of the Applicant 
MAGIC BROADCASTING ALABAMA LICENSING, LLC
Mailing Address
7106 LAIRD STREET
SUITE 102
City
PANAMA CITY BEACH
State or Country (if foreign address)
FL
ZIP Code
32408 -
Telephone Number (include area code)
8502305855
E-Mail Address (if available) 
SGIBSON@MAGICBROADCASTING.NET
FCC Registration Number:
0013816855
Call Sign 
Facility ID Number 
4125
2. Contact Representative (if other than Licensee/Permittee)
MATTHEW H. MCCORMICK
Firm or Company Name
FLETCHER, HEALD & HILDRETH, P.L.C.
Telephone Number (include area code)
7038120400
E-Mail Address (if available)
MCCORMICK@FHHLAW.COM
3. Name of entity, if other than licensee or permittee, for which report is filed
MAGIC BROADCASTING, LLC
Mailing Address
7106 LAIRD STREET
SUITE 102

City
PANAMA CITY BEACH
State or Country (if foreign address)
FL
ZIP Code
32408 -
Telephone Number (include area code)
8502305855
E-Mail Address (if available)
4. If this application has been submitted without a fee, indicate reason for fee exemption (see 47 C.F.R. Section 1.1114):
Governmental Entity Fee-exempt Report Other
N/A (Fee Required)



Section II - Ownership Information

5.

a. Biennial b. Transfer of Control or Assignment of License/Permit c. Other
d. Amendment to pending application


for the following stations:

[Enter Station Information]


Station List


This Report is filed for the following stations:

Call Letters
Facility ID Number
Location (City/State)
Class of service
WJRL-FM 63945 FORT RUCKER AL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WBBK-FM 41207 BLAKELY GA FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WKMX 73179 ENTERPRISE AL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WLDA 60591 SLOCOMB AL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WTVY-FM 73639 DOTHAN AL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WILN 4125 PANAMA CITY FL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WPCF 13012 PANAMA CITY BEACH FL AM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WVVE 72956 PANAMA CITY BEACH FL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WYOO 67074 SPRINGFIELD FL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
WYYX 25412 BONIFAY FL FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
KWIE 10099 ONTARIO CA FM


Call Letters
Facility ID Number
Location (City/State)
Class of service
KDAY 10100 REDONDO BEACH CA FM



All of the information furnished in this Report is accurate as of 03/23/2009 (Date must comply with 47 C.F.R. Section 73.3615(a), i.e., information must be current within 60 days of filing of this report, when 5(a) below is checked.)

This Report is filed for (check one)
6.
Respondent is:
Sole proprietorship Not-for-profit corporation Limited partnership
For-profit corporation General partnership Other
If "Other", describe nature of the respondent in an Exhibit.
[Exhibit 1]
7.
List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613.   (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Contract/Instrument Information]


Contracts/Instruments Information


List all contracts and other instruments required to be filed by 47 C.F.R. Section 73.3613. (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject shall respond.)

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
ARTICLES OF ORGANIZATION STATE OF FLORIDA 03/03/2005 PERPETUAL

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
AMENDED AND RESTATED OPERATING AGREEMENT MEMBERS OF MAGIC BROADCASTING, LLC, PREFERRED HOLDER AND RADIO BROADCAST MANAGEMENT, INC. 01/29/2009 5/1/2027

Description of contract or instrument Name of person or organization with whom contract is made Date of Execution Date of Expiration
PLEDGE AND SECURITY AGREEMENT MAGIC BROADCASTING, LLC & SUBSIDIARIES, AND DURDEN ENTERPRISES II, INC. 01/29/2009


8. Capitalization (Only licensees, permittees, or a reporting entity with a majority interest in or that otherwise exercises de facto control over the subject licensee or permittee shall respond.)

[Enter Capitalization Information]



9.
(a.) List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
[Enter Owner Information]

Owner Information

List the respondent, and, if other than a natural person, its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. If a corporation or partnership holds an attributable interest in the respondent, list separately its officers, directors, stockholders and other entities with attributable interests, non-insulated partners and/or members. Create a separate row for each individual or entity. Attach supplemental pages, if necessary.
(Read carefully - The numbered items below refer to line numbers in the following table.)
1. Name and address of respondent and each party to the respondent holding an attributable interest (if other than individual also show name, address and citizenship of natural person authorized to vote the stock or holding the attributable interest). List the respondent first, officers next, then directors and, thereafter, remaining stockholders and other entities with attributable interests, and partners.
2. Gender (male or female).
3. Ethnicity (check one).
4. Race (select one or more).
5. Citizenship.
6. Positional interest: Officer, director, general partner, limited partner, LLC member, investor/creditor attributable under the Commission's equity/debt plus standard, etc.
7. Percentage of votes.
8. Percentage of total assets (equity debt plus).

1. Name and Address MAGIC BROADCASTING, LLC, 7106 LAIRD STREET, SUITE 102, PANAMA CITY BEACH, FL 32408
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest RESPONDENT
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address DURDEN ENTERPRISES II, INC., 2605 THOMAS DRIVE, SUITE 150, PANAMA CITY, FL 32408
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MEMBER
7. Percentage of votes 60.00
8. Percentage of total assets (equity debt plus) 36.13

1. Name and Address SEE ATTACHMENT IN EXHIBIT 2 FOR REMAINING LLC MEMBERS
2. Gender (male or female) N/A
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MEMBERS
7. Percentage of votes 40.00
8. Percentage of total assets (equity debt plus) 63.87

1. Name and Address K. EARL DURDEN, 2605 THOMAS DRIVE, PANAMA CITY, FL 32408
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MANAGER
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address MICHAEL DURDEN, 2605 THOMAS DRIVE, PANAMA CITY, FL 32408
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MANAGER
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address SCOTT HELMS, 2605 THOMAS DRIVE, PANAMA CITY, FL 32408
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MANAGER, SECRETARY AND TREASURER
7. Percentage of votes 0.00
8. Percentage of total assets (equity debt plus) 0.00

1. Name and Address JEFFREY LINDHOLM, 7106 LAIRD STREET, SUITE 102, PANAMA CITY BEACH, FL 32408
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MANAGER AND CHIEF EXECUTIVE OFFICER
7. Percentage of votes 0.12
8. Percentage of total assets (equity debt plus) 0.11

1. Name and Address DONALD G. MCCOY, 100 CHERRY STREET, PH, PANAMA CITY, FL 32401
2. Gender (male or female) Male
3. Ethnicity (check one) Hispanic or Latino
Not Hispanic or Latino
4. Race (select one or more) American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
5. Citizenship US
6. Positional Interest MANAGER
7. Percentage of votes 13.30
8. Percentage of total assets (equity debt plus) 26.17


(b) Respondent certifies that equity and financial interests not set forth in response to Question 9(a) are non-attributable. Yes No

N/A

See Explanation in
[Exhibit 2]

(c) Is the respondent or any party holding an attributable interest in the respondent also the holder of an attributable interest in any other broadcast station or in any cable or newspaper entities in the same market or with overlapping signals in the same broadcast service, as described in 47 C.F.R. Sections 73.3555 and 76.501? Yes No
If "Yes", submit an Exhibit identifying the holder of that other attributable interest, listing the call signs, locations and facilities identifiers of such other broadcast stations, and describing the nature and size of the ownership interest and the positions held in the other broadcast, cable or newspaper entities. [Exhibit 3]
(d) Are any of the individuals listed in response to Question 9(a) related as parent-child, husband-wife, brothers and sisters?

Yes No

 

If "Yes", submit an Exhibit setting forth full information as to the family relationship

[Exhibit 4]

(e) Is respondent seeking an attribution exemption for any officer or director with duties unrelated to the licensee or permittee?

If "Yes", submit an Exhibit identifying that individual by name and title, fully describing that individual's duties and responsibilities, and explaining why that individual should not be attributed an interest.

Yes No

[Exhibit 5]



SECTION III - CERTIFICATION


I certify that I am CHIEF EXECUTIVE OFFICER

(Official Title)


of MAGIC BROADCASTING, LLC

(Exact legal title or name of respondent)


and that I have examined this Report and that to the best of my knowledge and belief, all statements in this Report are true, correct and complete.

(Date of certification must be within 60 days of the date shown in Question 5, Section II and in no event prior to that date.)

Signature
JEFFREY LINDHOLM
Date
04/23/2009
Telephone Number of Respondent (Include area code) 8502305855

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).



Exhibits
Exhibit 1
Description:
NATURE OF RESPONDENT

RESPONDENT IS A FLORIDA LIMITED LIABILITY COMPANY.

Attachment 1


Exhibit 2
Description:
OTHER MEMBERSHIP INTERESTS

THE ATTACHED DOCUMENT LISTS THE MEMBERS OF MAGIC BROADCASTING, LLC, HOLDING THE REMAINING 40% OF THE VOTING INTEREST AND 63.87% OF THE TOTAL ASSETS. THE MEMBERS ON THE ATTACHED LIST ARE U.S. CITIZENS (INDIVIDUALS) OR ORGANIZED IN THE UNITED STATES (ORGANIZATIONS AND TRUSTS).

NOTE: THE TOTAL ASSET FIGURES, WHEN COMBINED WITH THOSE REPORTED IN IN QUESTION 9(A), ADD UP TO MORE THAN 100% AS THE INTERESTS OF MR. LINDHOLM AND MR. MCCOY APPEAR BOTH IN THE CHART AND THE ATTACHED.



Attachment 2
Description
Other Membership Interests


Exhibit 4
Description:
FAMILIAL RELATIONSHIPS

MICHAEL DURDEN AND EARL DURDEN ARE FATHER AND SON. WITH REGARD TO INTERESTS LISTED IN EXHIBIT 2, NONE OF THE PARTIES HOLDING A 5% OR GREATER INTEREST ARE RELATED.

Attachment 4