FCC Web Documents citing 1.110

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-107A1.pdf
  • is DISMISSED AS MOOT without prejudice, with respect to NSS-703 at 57° E.L. 92. IT IS FURTHER ORDERED that this authorization is effective upon adoption. Petitions for Reconsideration, pursuant to Section 1.106 of the Commission's Rules, may be filed within 30 days of the public notice of this Order. 47 C.F.R. § 1.106. This grant is also subject to Section 1.110 of the Commission's Rules. 47 C.F.R. § 1.110. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary
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  • rules on delegations of authority, 47 C.F.R. § 0.261. This Order SHALL BE EFFECTIVE upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of public notice of the release of this Order. This grant is subject to Section 1.110 of the Commission's rules. 47 C.F.R § 1.110. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau Amendment of the Commission's Regulatory Policies To Allow Non-U.S.-Licensed Space Stations To Provide Domestic and International Satellite Service in the United States, Report and Order, IB Docket No. 96-111, 12 FCC Rcd 24094 (1997) (DISCO II). Id. at 24174 (para. 186). Id. at 24174
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  • challenge a public notice that establish or deny rights); In the Matter of Additional Information Regarding Broadband PCS Spectrum Included in the Auction Scheduled for March 23, 1999, Order, 14 FCC Rcd 6561, 6562 ¶ 3 (1999) (Commission considered an application for review of a public notice that established an auction date despite the procedural deficiency of the application). Section 1.110 of the Commission's rules provide that if the Commission grants an application with conditions, the applicant must accept those conditions unless it rejects them within thirty days. 47 C.F.R. § 1.110. Thus, Weblink has similarly waived any challenge to the payment conditions on the licenses by the passage of time. Weblink Request at 4 (citing James Beam Distilling Company v.
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  • Terry L. Fishel, Chief, Land Mobile Branch, Licensing Division, Private Radio Bureau (dated Nov. 15, 1993). See Reinstatement Letter at 1. See id. See License for Station WPCE379, File No. 9302624411 (issued Jan. 10, 1994). See License for Station WPCE379, File No. 9302624411 (issued May 3, 1994). See id. 743 F.2d 918, 928 (D.C. Cir. 1984). See 47 C.F.R. § 1.110; Central Television, Inc. v. FCC, 834 F.2d 186 (D.C. Cir. 1987); P&R Temmer v. FCC, supra. See 47 C.F.R. § 1.934(d)(2). James A. Kay, Jr., Application for Review (filed Jan. 27, 2000) (AFR). 47 C.F.R. § 1.115(f). See City of Commerce, Request for Extension of Time to Respond to Petition for Reconsideration (filed May 28, 1998). See Elizabeth R. Sachs,
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  • File No. BL-20000105AAQ Petition for Reconsideration Dear Counsel: We have under consideration two pleadings from Salem Media of Colorado, Inc. (``Salem'') concerning a license granted on February 20, 2001 for AM expanded band station KBJD(AM), Denver, Colorado. On March 22, 2001 Salem filed a notification of its rejection of the above-referenced license application. That pleading was filed pursuant to Section 1.110 of the Commission's rules which provides that an applicant may object to the grant of a license that contains conditions other than those requested, by filing a written request rejecting the grant within 30 days of the grant. 47 C.F.R. § 1.110. Second, on March 23, 2001 Salem filed a petition for reconsideration of the licensing decision. For the reasons
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  • (1994); recon granted, 10 FCC Rcd 12759 (1995) and 10 FCC Rcd 12761-62] TelAmerica - Request for a waiver of the late charge penalty due for FY 2000 regulatory fees. Denied (November 1, 2001) [See 47 USC par. 159 (c) (1)] T Group - Request for deferral of payment of an application fee Granted (July 31, 2001) [See 47 CFR 1.110 (b)] Twelve Mile Ranch - Request for waiver of the Fy 2001 regulatory fee for television translator F11MM Fairplay, CO Granted (November 6, 2001) [See Implementation of Section 9 of the Communications Act, Memorandum Opinion and Order, 10 FCC Rcd 10,891, par. 16 (1995)] V. I. Stereo Communications Corp., WVIS (FM) - Request for waiver and/or deferral of FY 2001
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  • 6 (2001) (WTB) (``Weblink'') (reconsideration pending). 47 C.F.R. §§ 1.106(d), 1.429(d). Id. Adelphia Communications Corp. v. FCC, 88 F.3d 1250, 1256 (D.C. Cir. 1996); Northwest Indiana Telephone Company, Inc. v. FCC, 872 F.2d 465, 470 (D.C. Cir. 1989); Weblink, 16 FCC Rcd at 9423, ¶ 6; Community Teleplay, 13 FCC Rcd at 12428, ¶ 5. See supra notes 10-12. Section 1.110 of the Commission's rules provides that if the Commission grants an application with conditions, the applicant must accept those conditions unless it rejects them within thirty days. 47 C.F.R. § 1.110. Thus, Insta-Check similarly waived any challenge to the payment conditions on the licenses by the passage of time. See Weblink, 16 FCC Rcd at 9424, ¶ 9; Community Teleplay,
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  • rules on delegations of authority, 47 C.F.R. § 0.261. This Order SHALL BE EFFECTIVE upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of public notice of the release of this Order. This grant is subject to Section 1.110 of the Commission's rules. 47 C.F.R § 1.110. FEDERAL COMMUNICATIONS COMMISSION Thomas S. Tycz Chief Satellite Division International Bureau See Amendment of the Commission's Regulatory Policies To Allow Non-U.S.-Licensed Space Stations To Provide Domestic and International Satellite Service in the United States, Report and Order, IB Docket No. 96-111, 12 FCC Rcd 24094 (1997) (``DISCO II'' or ``DISCO II Order''),
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  • and minimum permissible facilities pursuant to Section 73.811(a)(1). Without the interference being caused to WABZ-FM, Central's application would have been granted with a maximum ERP of 0.086 kW. However, to eliminate any such interference, we will grant the application with a maximum ERP of 0.045 kW and a minimum ERP of 0.043 kW. This action is taken pursuant to Section 1.110 of the Commission's rules. Accordingly, the April 9, 2004 Petition to Deny filed by Susquehanna Radio Corp., when treated as an Informal Objection, IS GRANTED to the extent indicated herein, and the application (File No. BNPL-20010615AFR) of Central Piedmont Community College for a new Low Power FM station at Charlotte, North Carolina, IS GRANTED, subject to the condition that the
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  • Legal Department, Chief Executive and/or Chief Financial Officer of Operator or its successors and assigns with any questions or concerns that arise with respect to Commission compliance by Operator or its successors and assigns. Within 30 days from the effective date of this Order, the Applicants may file a written request rejecting this grant as made, as provided by section 1.110 of the Commission's rules. Upon receipt by the Commission of certifications by both the MoPSC and the Kansas Corporation Commission that FairPoint Missouri will use the high-cost universal service support in accordance with section 254(e) of the Communications Act, the Bureau intends to direct USAC to provide high-cost universal service support prospectively, consistent with such certifications. Effective Date. This Order
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  • record'' prior to any action on the Application. In addition, XETV claimed that SDCCD previously had accepted a condition to subject the Application to bilateral negotiations. In support, XETV stated that KSDS did not challenge the ``condition'' on the 3 kW Construction Permit which stated that ``[p]rocessing on [the Application] is awaiting resolution of international matters.'' It argued that Section 1.110 of the Commission's rules requires an applicant which objects to a condition on its authorization to reject the construction permit within 30 days of the date of grant. Because SDCCD did not so act, XETV contended that the Application accordingly became subject to U.S.-Mexico negotiations. It also asserted that XETV(TV) is protected under 1962 U.S.-Mexico VHF Television Agreement. In addition,
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  • Bureau approves the request to withdraw Request for Clarification or Waiver of the Partial Grant Rule filed by VoiceStream PCS BTA I License Corporation (``VoiceStream'') on May 4, 2004 (``VoiceStream Withdrawal Request''). On August 9, 2001, VoiceStream filed a Request for Clarification or Waiver of the Partial Grant Rule (``Clarification Request''). In the Clarification Request, VoiceStream sought clarification that section 1.110 of the Commission's rules does not apply to the grant of certain of the PCS licenses won in Auction 35, or, in the alternative, requested a waiver of the partial grant rule in connection with its application for Auction 35 licenses. On May 4, 2004, VoiceStream filed its Withdrawal Request seeking Commission consent to withdraw its Clarification Request. VoiceStream points
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  • Washington, DC 20554 DA No. 07-434 January 31, 2007 Donald J. Evans, Esq. Fletcher, Heald & Hildreth 1300 N. 17th Street Arlington, VA 22209 Re: File No. 0001332167, Call Sign WPWR222 Dear Mr. Evans: For the reasons stated below, the Mobility Division hereby dismisses, as procedurally defective, the petition of Lawrence V. Behr (Behr) for a hearing, pursuant to Section 1.110 of the Commission's rules. In his Section 1.110 Petition, Behr requests that we vacate the grant of the above-referenced application to modify his Phase I 220 MHz license and set for hearing the denial of Behr's Petition for Waiver-filed with the application-of Section 90.725(f), which requires construction of Behr's Phase I 220 MHz license, Call Sign WPWR222, in 12 months.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1167A1.txt
  • Adopted: May 27, 2009 Released: May 27, 2009 By the Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction. In this Order on Reconsideration, we address a petition (Petition) filed on February 13, 2007 by Lawrence Behr (Behr), seeking reconsideration of a January 31, 2007 letter order of the Mobility Division (Division), which dismissed Behr's request for a hearing pursuant to Section 1.110 of the Commission's Rules. For the reasons stated below, we deny the Petition. Background. In 1993, the Commission conducted a lottery for a Phase I 220 MHz license in Denver, and Behr was the tentative selectee. However, the Commission subsequently requested that Behr resubmit a corrected application with additional technical information. Behr did so in a timely manner, but the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1167A1_Rcd.pdf
  • Adopted: May 27, 2009 Released: May 27, 2009 By the Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order on Reconsideration, we address a petition (Petition)1filed on February 13, 2007 by Lawrence Behr (Behr), seeking reconsideration of a January 31, 2007 letter order2 of the Mobility Division (Division), which dismissed Behr's request for a hearing pursuant to Section 1.110 of the Commission's Rules.3For the reasons stated below, we deny the Petition. 2. Background. In 1993, the Commission conducted a lotteryfor a Phase I 220 MHz license in Denver,4and Behr was the tentative selectee. However, the Commission subsequently requested that Behr resubmit a corrected application with additional technical information.5Behr did so in a timely manner, but the Commission misplaced the
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  • paint a picture of reduced revenues accompanying the entry of LPFM stations. Table 10 Change in Average Full-Service Commercial FM Stations' Revenue per Adult by Market Year No Change in LPFM Increase in LPFM Market Rank 1 - 100 Market Measure 2005-2007 -0.132 -0.106 (997) (566) 2007-2009 -0.911 -0.881 (1210) (289) Contour Measure 2005-2007 -0.134 -0.095 (1110) (453) 2007-2009 -0.861 -1.110 * (1286) (247) Market Rank 101 - 200 Market Measure 2005-2007 -0.066 -0.066 (846) (192) 2007-2009 -1.108 -0.689 * (932) (109) Contour Measure 2005-2007 -0.048 -0.162 (845) (189) 2007-2009 -1.072 -0.843 (956) (95) Market Rank > 200 Market Measure 2005-2007 -0.021 -0.395 * (601) (154) 2007-2009 -1.345 -1.241 (752) (60) Contour Measure 2005-2007 -0.034 -0.407 * (616) (145) 2007-2009 -1.330
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  • Conditions. In connection with the assignment applications, the parties seek removal of the conditions that were placed on StratusWave's licenses that prohibited renewal of the license and that required StratusWave to reduce, modify, or terminate operations in any areas in which a new co-channel or adjacent-channel EBS licensee begins service. To the extent necessary, the parties seek waivers of Sections 1.110 and 1.945(e) of the Commission's rules to allow them to seek reconsideration of these license conditions outside of the 30-day deadline. StratusWave claims it has been unable to develop a long-term sustainable business model to expand educational broadband services, in part because of the special conditions. The parties further argue that once the license is assigned to WJU and Davis
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-95-1015A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-95-1015A1.txt
  • the consent to assignment, filed October 13,1994, and CSC's motion to strike that petition, ARE DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Scott Blake Harris Bureau Chief 10 See Letter from Lawrence Bernstein to William F. Caton(Nov.30,1994)at4. 11Since CSC did not file within 30 days a written rejection of the grant, it accepted the grant as conditioned. See 47 C.F.R. § 1.110. 9539
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  • of the divestiture conditions would not be allowed absent a ``showing'' that the public interest would be served by such modification. The suspension Order's stated rationale prematurely and unjustifiably deviates from this standard. Finally, the D.C. Circuit has repeatedly held that conditions imposed in license transfer cases are binding subject only to exhaustion of appeal remedies provided by 47 C.F.R. §1.110. Failure to comply with this rule has been held to foreclose further judicial review. In this case the divestiture conditions were accepted without challenge in June 2000. In December 2000 the Commission subsequently applied the divestiture conditions without complaint from the party. Now, with nothing more than an ex parte meeting before it, the Commission has decided to grant relief
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256961A1.pdf
  • R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 02/22/2005 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , FIREBAUGH 90.5 MHZ P CA CP FOR NEW NCE STATION Engineering Amendment filed 07/17/2001 SUPPLEMENT FILED 7/17/2001. Settlement filed 7/19/01 Engineering Amendment filed 05/16/2002 Granted in part per Section 1.110 on 2/22/2005, as part of settlement in MX Group 980511 YOUR CHRISTIAN COMPANION NETWORK, INC. 981110MM 92096 BPED-19981110MM CA , MONROE 100.5 MHZ E UT CP New Stn. Auction No. 37 application. SANPETE COUNTY BROADCASTING CO. NEW 164258 BNPH-20041220ABL UT , EBRO 95.1 MHZ E FL CP New Stn. Auction No. 37 Application Engineering Amendment filed 01/26/2005 MASSMEDIA, INC. NEW
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  • A CONSTRUCTION PERMIT GRANTED , MARLETTE 89.3 MHZ E MI Modification of construction permit BPED-19981231MA Engineering Amendments filed 10/25/2004 & 3/16/2005. 3/16/2005 amendment dismissed, 10/25/2004 amendment accepted and granted 10/5/2005 Grant of construction permit rescinded by letter dated 10/26/05; application reinstated to pending status at 0.250 kW ERP 10/25/2004 amendment dismissed 2/1/2006; original application granted in part 2/1/2006 pursuant to 1.110 at 41 23 35 NL, 83 02 04 WL, 0.250 kW ERP. 24 meters HAAT GREAT LAKES COMMUNITY BROADCASTING, INC. WMSQ 92438 BMPED-20030508ACR MI , GREAT FALLS 91.5 MHZ E MT Mod of CP to chg AMERICAN FAMILY ASSOCIATION KAFH 88805 BMPED-20051130AEF MT Page 8 of 20 Broadcast Actions 2/6/2006 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268835A1.pdf
  • 6/29/1998 Petition to Deny filed 8/10/06 by ("XETV") Opposition to "Petition to Deny" filed 8/23/2006 11/25/1996 amendment requested by 10/25/1996 staff letter was previously incorrectly entered as separate application BPED-19961125ME. Database corrected 10/26/2006 to show this filing as a minor change amendment to BPED-19940802MA. Petitions to deny treated as informal objections denied, and application granted in part pursuant to Section 1.110 with vertical polarization only, by letter dated 10/31/2006. See DA-06-2253 Application for Review filed 11/30/06 by (together, "Fox 6") Page 8 of 25 Broadcast Applications 12/7/2006 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26377 CALL LETTERSAPPLICANT AND LOCATION N A T
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  • 6/29/1998 Petition to Deny filed 8/10/06 by ("XETV") Opposition to "Petition to Deny" filed 8/23/2006 11/25/1996 amendment requested by 10/25/1996 staff letter was previously incorrectly entered as separate application BPED-19961125ME. Database corrected 10/26/2006 to show this filing as a minor change amendment to BPED-19940802MA. Petitions to deny treated as informal objections denied, and application granted in part pursuant to Section 1.110 with vertical polarization only, by letter dated 10/31/2006. See DA-06-2253 Application for Review filed 11/30/06 by (together, "Fox 6") Opposition to Application for Review filed 12/15/2006 Page 10 of 16 Broadcast Applications 12/28/2006 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26391
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  • of Origin) in the United States Billed Percent Share by Carrier Receipts Percent Share by Carrier Receipts Percent Share by Carrier Total Percent Share by Carrier Revenues 1 2 3 4 Other from PTT 1 2 3 4 Other from PTT 1 2 3 4 Other Minutes 1 2 3 4 Other Kenya $17,228,172 14.0 0.130.517.3 38.1 $854,312 0.0 0.0 1.110.8 88.1 $411 0.0 0.0 0.0 0.7 99.3 87,265,397 13.7 0.125.922.2 38.1 Lesotho $329,400 4.8 0.036.3 0.0 59.0 $17,233 0.0 0.0 0.0 0.0100.0 $1 0.0 0.0 0.0 0.0100.0 1,899,700 6.8 0.020.8 0.0 72.4 Liberia $7,043,471 10.9 0.033.9 3.7 51.5 $21,542 0.0 0.0 0.0 0.0100.0 $65 0.0 0.0 0.086.2 13.8 34,079,082 12.6 0.111.9 5.5 69.9 Libya $4,288,001 9.5 0.016.6 9.9 63.9 $181,331
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  • whether a proposed license transfer is consistent with the policies of the Communications Act, including, among other things, the transfer's effect on Commission policies encouraging competition and the benefits that would flow from the transfer.''). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). SBC-Ameritech Order, 14 FCC Rcd at 14739 ¶ 51. See 47 C.F.R. § 1.110; see also WorldCom-MCI Order, 13 FCC Rcd at 18031-32 ¶ 10; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20001-02 ¶ 30. See AT&T-TCI Order, 14 FCC Rcd at 3170 ¶ 16. For this reason, we do not analyze services and markets in which the merger is not likely to produce significant public interest harms or benefits. Federal Communications Commission, Statistics
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  • Department of Justice . . . must apply."). 66 See 15 U.S.C. § 18. 67 See SBC/Ameritech Order, 14 FCC Rcd at 14738, para. 49; WorldCom/MCI Order, 13 FCC Rcd at 18032-33, para. 12; Bell Atlantic/NYNEX Order, 12 FCC Rcd at 19987, para. 2. 68 Bell Atlantic/NYNEX Order, 12 FCC Rcd at 19987, para. 2. 69 See 47 C.F.R. § 1.110. See also WorldCom/MCI Order, 13 FCC Rcd at 18031-32, para. 10; Bell Atlantic/NYNEX Order, 12 FCC Rcd at 20001-2, para. 30. 70 47 U.S.C. § 214(c). See WorldCom/MCI Order, 13 FCC Rcd at 18032, para. 10 n.35 (citing MCI Communications Corp, File No. I-S-P-93-013, Declaratory Ruling and Order, 9 FCC Rcd 3960, 3968, para. 39 (1994); Sprint Corp., File No.
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  • waiver is DISMISSED AS MOOT without prejudice, with respect to NSS-703 at 57° E.L. IT IS FURTHER ORDERED that this authorization is effective upon adoption. Petitions for Reconsideration, pursuant to Section 1.106 of the Commission's Rules, may be filed within 30 days of the public notice of this Order. 47 C.F.R. § 1.106. This grant is also subject to Section 1.110 of the Commission's Rules. 47 C.F.R. § 1.110. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Open-Market Reorganization for the Betterment of International Telecommunications Act (``the ORBIT Act''). Pub.L. 106-180, 114 Stat. 48 (2000). New Skies Satellites, N.V., Memorandum Opinion and Order, 14 FCC Rcd 13003 (1999) ("New Skies Market Access Order"). Public Notice Report No. SAT-00059, November 14, 2000. Novation
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  • a ``Rejection of Conditional License Renewal and Assignment of License Grants.'' By order dated July 11, 2000, the Court dismissed Peninsula's appeal without prejudice to refiling following the Commission's resolution of the ``Rejection of Conditional License Renewal and Assignment of License Grants.'' 10. Peninsula's ``Rejection of Conditional License Renewal and Assignment of License Grants'' is premised on 47 C.F.R. § 1.110. Section 1.110 provides that, ``[w]here the Commission without a hearing grants any application in part, or with any privileges, terms, or conditions other than those requested,...the action of the Commission shall be considered as a grant of such application unless the applicant shall within 30 days from the date on which such grant is made...file with the Commission a written
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-183A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-183A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-183A1.txt
  • after the date of INTELSAT's privatization progress on novating current assigned contracts and leaseback arrangements with New Skies Satellites, N.V. IT IS FURTHER ORDERED that petitions for reconsideration pursuant to Section 1.106 of the Commission's Rules, may be filed with 30 days of the public notice of this Order, 47 C.F.R. § 1.106. This grant is also subject to Section 1.110 of the Commission's Rules, 47 C.F.R. § 1.110. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary ATTACHMENT A Applications of Intelsat LLC for Authority to Operate, and to Further Construct, Launch and Operate C-band and Ku-band Satellites that Form a Global Communications System in Geostationary Orbit, Memorandum Opinion Order and Authorization, FCC 00-287 (rel. Aug. 8,2000)(Licensing Order), Order on Reconsideration, FCC
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  • of the divestiture conditions would not be allowed absent a ``showing'' that the public interest would be served by such modification. The suspension Order's stated rationale prematurely and unjustifiably deviates from this standard. Finally, the D.C. Circuit has repeatedly held that conditions imposed in license transfer cases are binding subject only to exhaustion of appeal remedies provided by 47 C.F.R. §1.110. Failure to comply with this rule has been held to foreclose further judicial review. In this case the divestiture conditions were accepted without challenge in June 2000. In December 2000 the Commission subsequently applied the divestiture conditions without complaint from the party. Now, with nothing more than an ex parte meeting before it, the Commission has decided to grant relief
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  • of the divestiture conditions would not be allowed absent a ``showing'' that the public interest would be served by such modification. The suspension Order's stated rationale prematurely and unjustifiably deviates from this standard. Finally, the D.C. Circuit has repeatedly held that conditions imposed in license transfer cases are binding subject only to exhaustion of appeal remedies provided by 47 C.F.R. §1.110. Failure to comply with this rule has been held to foreclose further judicial review. In this case the divestiture conditions were accepted without challenge in June 2000. In December 2000 the Commission subsequently applied the divestiture conditions without complaint from the party. Now, with nothing more than an ex parte meeting before it, the Commission has decided to grant relief
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  • proceeding that resulted in the Competitive Bidding Fourth Report and Order; (2) challenged the adoption of the Commission's rules by filing a Petition for Reconsideration of the Competitive Bidding Fourth Report and Order; (3) raised its constitutional challenge at the conclusion of the auction; or (4) timely objected to the payment conditions attendant to their licenses grants, pursuant to section 1.110 of the Commission's rules). Application for Review, filed by Community, TV Active, TI, Hispania, Zarg, Interactive, United, and Hale on June 29, 1998 (``Application for Review''). Amendment of Part 95 of the Commission's Rules to provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum and Opinion and Order, 15 FCC Rcd 1497 (1999) (``218-219 MHz Order'').
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-202A1.txt
  • the words, ``cable services'' and insert the words, ``enforcement matters''. d) At § 1.1109 Payment of charges, at the Note following subparagraph (c), at the last sentence, change ``See § 1.1118'' to ``See § 1.1119''. At subparagraph (d), after the third sentence, add, ``A forfeited application fee will not be refunded.'' At subparagraph (e), in the first sentence, change ``§ 1.110(b)'' to ``§ 1.1116(b)''. e) At § 1.1110 Form of payment, at subparagraph (a), in the first sentence, change ``Visa or MasterCard'' to ``Visa, MasterCard, American Express, or Discover Card''. At subparagraph (a)(1), in the first sentence, change the words, ``will be'' to ``are'' and change the words, ``by Public Notice'' to ``in Bureau/Office fee filing guides''. Delete the last sentence,
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  • F.2d 1153, 1157 (D.C. Cir. 1969) (``WAIT Radio''), citing Rio Grande Family Radio Fellowship Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968). WAIT Radio,418 F.2d at 1157. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. §§ 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. § 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. § 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was based on an event occurring two months previously).
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  • 5440-41 ¶ 6. AFR at 6-7. AFR at 10-11. See Greater Boston Television, Inc. v. FCC, 444 F.2d 841, 851 (D.C. Cir. 1970), cert. denied, 403 U.S. 923 (1971) (a court will not reverse a decision because of harmless errors). MMDS Order, 8 FCC Rcd at 5440 ¶ 5. Id. 743 F.2d 918, 928 (D.C. Cir. 1984). 47 C.F.R. § 1.110. See Conditional License. MMDS Statement at 1. See MMDS Order, 8 FCC Rcd 5440 at ¶ 5. AFR at 8. Id. See Daniel R. Goodman, Receiver, Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Memorandum Opinion and Order on Reconsideration, 13 FCC Rcd 21944, 21972-73 ¶ 53 (1998) (``Erroneous advice received from a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-18A1.txt
  • the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part and denied in part, 5 FCC Rcd 7094 (1990). Refugio and Taft, Texas, Report and Order, 15 FCC Rcd 8497, 8499-8500 (MMB 2000) (``Refugio R&O'') (emphasis added). File No. BPH-20000613AAF. See 47 C.F.R. § 1.110. File No. BSTA-20010216ABP (``February STA Request''). File No. BSTA-20010323ACD (``March STA Request''). Letter to James Withers, Pacific Broadcasting of Missouri LLC (MMB Apr. 13, 2001). 47 U.S.C. § 307(b). Public Service Broadcasting of West Jordan, Inc., 97 F.C.C.2d 960, 962 (Rev. Bd. 1984). See also Utica Observer-Dispatch, Inc., 11 F.C.C. 383, 391-92 (1946) (``We regard section 307(b) as contemplating not
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  • ``white areas,'' the Commission concluded that continuing PCI's waivers would be detrimental to the full service broadcast stations operating in Seward, and the Commission ordered termination of the Seward waivers within sixty days. Id. at 3296. Under the Commission's regulatory regimen, if PCI had timely rejected the condition, PCI would have been entitled to a renewal hearing. 47 C.F.R. § 1.110 (hearing required when conditions of grant are not accepted). The Commission determined that by accepting conditional renewals, PCI waived its right to reject the condition of assignment, and also its right to a hearing. The licenses were rescinded for failure to meet a condition that PCI had accepted more than two years earlier, and by PCI accepting that condition, there
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  • of the Commission's Rules Regarding Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part and denied in part, 5 FCC Rcd 7094 (1990) (``Community of License MO&O''). Refugio and Taft, Texas 15 FCC Rcd 8497, 8499-8500 (MMB 2000) (``Refugio R&O''). File No. BPH-20000613AAF. See 47 C.F.R. § 1.110. See February STA Request. See March STA Request. Letter to James Withers, Pacific Broadcasting of Missouri, LLC (MMB Apr. 13, 2001). See Order, 18 FCC Rcd 2296 (``Backfill allotments permit the filing of inherently contingent proposals, and create the potential for the type of problems and resource burdens that led to the codification of the Commission's general prohibition on filing
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  • grant such relief, the request would have been procedurally defective. Specifically, the appropriate vehicle for Airfone to have asserted such a claim would have been to file a written request rejecting the license grant as made, which was required to be filed by June 13, 2005, 30 days from the effective date of the license grant. See 47 C.F.R. § 1.110; see also In the Matter of the Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State And Local Public Safety Agency Communication Requirements Through the Year 2010, Establishment of Rules and Requirements for Priority Access Service, Second Memorandum Opinion and Order, 15 FCC Rcd 16844, 16862 ¶ 37 n.113 (2000) (noting that certain contentions were untimely presented in
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  • has not been achieved by the deadline. In the event that the transaction proposed in the transfer applications is not consummated, Tribune shall divest all its interests in newspapers in the Los Angeles, California, New York, New York, and Hartford , Connecticut markets by the deadline as per the requirements of paragraph 58, supra. IT IS FURTHER ORDERED, that Section 1.110 of the Commission's rules, 47 C.F.R. § 1.110 IS WAIVED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Exhibit 1 File Number Call Sign ID Community BTCCT-20070501AEY WPIX 73881 New York, NY BTCCT-20070501AEZ WTXX 14959 Waterbury, CT BTCCT-20070501AFC KDAF 22201 Dallas, TX BTCCT-20070501AFD WTIC 146 Hartford, CT BTCCT-20070501AFE WPMT 10213 York, PA BTCCT-20070501AFF WPHL 73879 Philadelphia, PA BTCCT-20070501AFG WXIN 147 Indianapolis,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-183A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-183A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-183A1.txt
  • Inc., Transferee, Time Warner Inc., Transferor, to Comcast Corporation, Transferee, MB Docket No. 05-192, Memorandum Opinion and Order, 21 FCC Rcd 8203, 8298, para. 220 (2006) (Adelphia/Time Warner/Comcast Order). In that order, the Commission approved the acquisition of Adelphia cable systems by Comcast and Time Warner. Id. at 8298, para. 220. Id. at 8299, para. 223. Cf. 47 C.F.R. § 1.110. See Letter from Harold Feld, Media Access Project, to the Commission, at 9-10 (July 22, 2008) (Media Access Project serves as counsel for Free Press in this proceeding and served as counsel for Free Press in the Adelphia proceeding). See SEC v. Chenery Corp. (Chenery II), 332 U.S. 194, 203 (1947); Qwest Services Corp. v. FCC, 509 F.3d 531, 536
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  • for daytime authority at the LaFayette Site. See infra para. 6. Matters concerning the LaFayette Site cannot affect the outcome of this case. The decision under review is limited to whether Cram is entitled to tolling based on the difficulties it has experienced in attempting to construct facilities at the Wolf Site. See note 6, supra. See 47 C.F.R. § 1.110. See 16 U.S.C. § 470f. See Cram Communications, LLC, Letter, 20 FCC Rcd 17153 (2005). See 47 C.F.R. § 73.3598(b) and (c). See also Streamlining Recon., 14 FCC Rcd at 17540. See Streamlining Order, 13 FCC Rcd at 23091. Id. Streamlining Recon., 14 FCC Rcd at 17538-41. Id. at 17539. Id. at 17541. Id. at 17539. 47 C.F.R. § 73.3598(c).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-97-145A1.pdf
  • the "departments or divisions" model contemplated in Section 43.21(b). At paragraph 38 of theOrder and Notice,we tentatively concluded that section 43.2 1(b) should be deleted from our rules.We sought comment on this tentative conclusion. 49. The remaining annual reporting requirements of section 43.21 of our rules require some reports to be filed by April 1 and others by March 3 1.110 At paragraph 39, we proposed changing the current March 31 filing date to April 1 for annual reports filed pursuant to sections 43.21(a) and 43.21(d) of our rules.1 We invited comment on this proposal. 109 1ci§43.21(b). 110 Seeid.§43.21(a), (d) (establishing filing dates of March 31);§43.21(e), (1) (establishing filing dates of April 1). This proposal would not affect the filing date
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  • of all radio interference shall be forwarded immediately to the Commission in writing; . IT IS FURTHER ORDERED that this authorization is effective upon adoption. Petitions for Reconsideration, pursuant to Section 1.106 of the Commission's Rules, may be filed within 30 days of the public notice of this Order. 47 C.F.R. § 1.106. This grant is also subject to Section 1.110 of the Commission's Rules. 47 C.F.R. § 1.110. Federal Communications Commission Magalie Roman Salas Secretary Attachment A. FSS is defined as a satellite radiocommunications service between earth stations at fixed positions. 47 C.F.R. § 25.201. INTELSAT is an intergovernmental satellite organization (IGO) that transferred five satellites to New Skies: New Skies 513 at 183( E.L., New Skies 703 at 57(
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • not violate the Communications Act or Commission rules, nor frustrate or undermine policies and enforcement statutory scheme envisioned by Congress."), at 8719, para. 58 n.181 (collecting cases and noting the Supreme Court's recognition in various contexts that the Commission necessarily must make difficult predictive judgments in order to implement certain provisions of the Communications Act). 131 See 47 C.F.R. § 1.110. See also WorldCom/MCI Order, 13 FCC Rcd at 18031-32, para. 10; Bell Atlantic/NYNEX Order, 12 FCC Rcd at 20001-2, para. 30. 132 47 U.S.C. § 214(c). See WorldCom/MCI Order, 13 FCC Rcd at 18032, para. 10 n.35 (citing MCI Communications Corp, File No. I-S-P-93-013, Declaratory Ruling and Order, 9 FCC Rcd 3960, 3968, para. 39 (1994); Sprint Corp., File No.
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  • whether a proposed license transfer is consistent with the policies of the Communications Act, including, among other things, the transfer's effect on Commission policies encouraging competition and the benefits that would flow from the transfer.''). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). SBC-Ameritech Order, 14 FCC Rcd at 14739 ¶ 51. See 47 C.F.R. § 1.110; see also WorldCom-MCI Order, 13 FCC Rcd at 18031-32 ¶ 10; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20001-02 ¶ 30. See AT&T-TCI Order, 14 FCC Rcd at 3170 ¶ 16. For this reason, we do not analyze services and markets in which the merger is not likely to produce significant public interest harms or benefits. Federal Communications Commission, Statistics
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  • of its predictive judgment ``is required by the terms of section 271 and consistent with the statutory scheme envisioned by Congress.''), at 8719, para. 58 n.181 (collecting cases and noting the Supreme Court's recognition in various contexts that the Commission necessarily must make difficult predictive judgments in order to implement certain provisions of the Communications Act). See 47 C.F.R. § 1.110. See also WorldCom/MCI Order, 13 FCC Rcd at 18031-32, para. 10; Bell Atlantic/NYNEX Order, 12 FCC Rcd at 20001-2, para. 30. 47 U.S.C. § 214(c). See WorldCom/MCI Order, 13 FCC Rcd at 18032, para. 10 n.35 (citing MCI Communications Corp, File No. I-S-P-93-013, Declaratory Ruling and Order, 9 FCC Rcd 3960, 3968, para. 39 (1994); Sprint Corp., File No. I-S-P-95-002,
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • letter. Section 101.29(g) permits letter filing of amendments. Section 101.31(a)(2) permits letter filing for special, temporary and conditional authorizations in certain circumstances. Section 101.31(a)(6) permits filing for emergencies and war and other exceptional circumstances. Section 101.57(e) permits letter filing name and address changes. Section 90.145(a) permits letter filing similar to those permitted by section 1.931(a). In addition, pursuant to section 1.110 of our rules, applicants may, within 30 days of receiving a grant of an application, send a written request rejecting the grant as made. 47 U.S.C. § 308(a). This provides for filing letter requests as a substitute for formal applications under 47 exceptional circumstances or special situations. This provision is not to be confused with the filing of requests for
• http://wireless.fcc.gov/auctions/00a/releases/fc020130.pdf http://wireless.fcc.gov/auctions/00a/releases/fc020130.txt
  • proceeding that resulted in the Competitive Bidding Fourth Report and Order; (2) challenged the adoption of the Commission's rules by filing a Petition for Reconsideration of the Competitive Bidding Fourth Report and Order; (3) raised its constitutional challenge at the conclusion of the auction; or (4) timely objected to the payment conditions attendant to their licenses grants, pursuant to section 1.110 of the Commission's rules). 22 Application for Review, filed by Community, TV Active, TI, Hispania, Zarg, Interactive, United, and Hale on June 29, 1998 ("Application for Review"). 23 Amendment of Part 95 of the Commission's Rules to provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum and Opinion and Order, 15 FCC Rcd 1497 (1999) ("218-219
• http://wireless.fcc.gov/auctions/01/releases/da011143.doc http://wireless.fcc.gov/auctions/01/releases/da011143.pdf http://wireless.fcc.gov/auctions/01/releases/da011143.txt
  • challenge a public notice that establish or deny rights); In the Matter of Additional Information Regarding Broadband PCS Spectrum Included in the Auction Scheduled for March 23, 1999, Order, 14 FCC Rcd 6561, 6562 ¶ 3 (1999) (Commission considered an application for review of a public notice that established an auction date despite the procedural deficiency of the application). Section 1.110 of the Commission's rules provide that if the Commission grants an application with conditions, the applicant must accept those conditions unless it rejects them within thirty days. 47 C.F.R. § 1.110. Thus, Weblink has similarly waived any challenge to the payment conditions on the licenses by the passage of time. Weblink Request at 4 (citing James Beam Distilling Company v.
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  • bidding credit in that proceeding, albeit in a post-Adarand supplement to its timely-filed petition for reconsideration of the public notice announcing the IVDS auction results. Under that unique procedural history, a panel of the U.S. Court of Appeals for the D.C. Circuit held that Graceba's claim Federal Communications Commission DA 98-1008 Graceba, 115 F.3d at 1041-42. 22 47 C.F.R. § 1.110. 23 Nextwave Personal Communications Inc., 12 FCC Rcd 6543, 6546 n.17 (WTB 1997). See also Tribune 24 Company v. FCC, 133 F.3d 61, 66 (D.C. Cir. 1998) ("We have squarely held that the plain language of § 1.110 implies an exhaustion requirement that does not allow applicants first to accept a partial grant, yet later to seek reconsideration of its
• http://wireless.fcc.gov/auctions/03/releases/da021574.pdf http://wireless.fcc.gov/auctions/03/releases/da021574.txt
  • credit to the accounts of "every winning bidder in the 1994 auction of what is now the 218-219 MHz Service that met the small business qualifications for that auction."38 The Commission noted that this approach minimized the disruption to entities that have previously received a bidding credit and the public,39 and that similar 31 See supra notes 10-12. 32 Section 1.110 of the Commission's rules provides that if the Commission grants an application with conditions, the applicant must accept those conditions unless it rejects them within thirty days. 47 C.F.R. § 1.110. Thus, Insta-Check similarly waived any challenge to the payment conditions on the licenses by the passage of time. 33 See Weblink, 16 FCC Rcd at 9424, ¶ 9; Community
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.txt
  • whether a proposed license transfer is consistent with the policies of the Communications Act, including, among other things, the transfer's effect on Commission policies encouraging competition and the benefits that would flow from the transfer.''). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). SBC-Ameritech Order, 14 FCC Rcd at 14739 ¶ 51. See 47 C.F.R. § 1.110; see also WorldCom-MCI Order, 13 FCC Rcd at 18031-32 ¶ 10; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20001-02 ¶ 30. See AT&T-TCI Order, 14 FCC Rcd at 3170 ¶ 16. For this reason, we do not analyze services and markets in which the merger is not likely to produce significant public interest harms or benefits. Federal Communications Commission, Statistics
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  • of its predictive judgment ``is required by the terms of section 271 and consistent with the statutory scheme envisioned by Congress.''), at 8719, para. 58 n.181 (collecting cases and noting the Supreme Court's recognition in various contexts that the Commission necessarily must make difficult predictive judgments in order to implement certain provisions of the Communications Act). See 47 C.F.R. § 1.110. See also WorldCom/MCI Order, 13 FCC Rcd at 18031-32, para. 10; Bell Atlantic/NYNEX Order, 12 FCC Rcd at 20001-2, para. 30. 47 U.S.C. § 214(c). See WorldCom/MCI Order, 13 FCC Rcd at 18032, para. 10 n.35 (citing MCI Communications Corp, File No. I-S-P-93-013, Declaratory Ruling and Order, 9 FCC Rcd 3960, 3968, para. 39 (1994); Sprint Corp., File No. I-S-P-95-002,
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-96.pdf
  • 0.0 0.5 Vietnam $153,765,29242.441.015.6 0.0 0.9 $4,618,33841.241.014.5 0.0 3.3 $142,01598.2 1.4 0.5 0.0 0.0 119,341,15243.039.116.7 0.0 1.2 Asia $3,474,972,24451.732.212.4 2.0 1.6 $614,211,75544.035.113.8 3.5 3.7 $111,416,50889.3 9.5 1.0 0.0 0.2 4,800,666,07442.435.516.9 3.5 1.8 Australia $192,205,65559.321.711.2 4.2 3.6 $41,596,44143.419.320.0 5.811.5 $10,486,35263.725.310.7 0.0 0.3 438,249,34638.919.618.7 6.316.5 Cook Islands $572,78664.319.2 6.6 1.4 8.4 $61,47276.6 0.5 0.0 0.023.0 $262 0.0 0.0 0.0 0.0100.0 292,19164.418.5 5.3 1.110.8 Fiji $8,984,20368.521.3 8.7 0.0 1.5 $1,468,97454.026.7 9.9 0.0 9.3 $33,30355.3 0.2 0.2 0.044.4 6,961,65962.923.910.2 0.0 3.1 French Polynesia $7,510,14338.925.5 0.832.2 2.5 $927,95061.325.0 0.0 0.013.6 $172,54166.924.0 0.0 0.0 9.1 7,159,42533.030.1 0.633.4 3.0 Kiribati $261,56348.617.1 8.9 0.225.2 $74,26453.3 3.4 0.0 0.043.3 $653 0.0 0.0 0.0 0.0100.0 297,74458.613.0 4.8 0.223.5 Marshall Islands $2,451,74457.215.2 9.5 0.018.1 $804,43139.213.1 4.4 0.043.4 $76,40030.0 0.0 0.0 0.070.0 2,598,93948.016.3
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-97.pdf
  • 2.121.4 Singapore $112,801,77552.428.711.9 3.8 3.2 $26,286,78628.734.320.210.2 6.6 $556,09168.421.5 8.9 0.0 1.1 264,100,61526.945.313.8 7.6 6.5 Sri Lanka $21,837,34145.029.7 9.8 8.4 7.1 $1,977,22045.538.915.6 0.0 0.0 $66,34998.4 1.5 0.0 0.0 0.1 18,926,70431.023.617.816.011.6 Taiwan $260,449,47940.037.214.3 4.3 4.2 $81,092,75335.039.817.0 5.1 3.1 $7,049,62592.8 7.0 0.0 0.0 0.1 518,545,98034.937.016.2 5.4 6.5 Thailand $127,197,70250.831.613.6 0.0 4.0 $21,348,49646.236.716.0 0.0 1.1 $3,494,84583.316.6 0.0 0.0 0.1 143,458,33547.128.318.5 0.0 6.2 Vietnam $209,715,01736.633.319.0 1.110.0 $3,717,58835.843.818.1 0.0 2.2 $875,53799.7 0.3 0.0 0.0 0.0 169,228,24139.324.822.9 2.710.3 Asia $3,846,400,04048.331.811.2 2.5 6.2 $587,054,41042.135.315.2 4.3 3.1 $67,297,03083.812.2 2.1 0.0 2.0 5,744,651,11437.535.414.4 4.5 8.2 Australia $118,350,32927.035.115.3 4.118.5 $27,174,12515.128.619.414.122.9 $9,305,27653.241.6 5.0 0.0 0.1 520,756,01915.022.112.3 7.543.1 Cook Islands $735,03364.915.4 8.2 3.8 7.7 $14,601 0.9 2.5 0.0 0.096.6 $356 0.0 0.0 0.0 0.0100.0 164,989 8.736.621.9 7.625.1 Fiji $9,403,10270.421.5 6.5 0.1 1.5 $1,514,29957.124.011.6 0.0
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-98.pdf
  • $593,96426.8 0.071.1 0.0 2.1 8,524,85756.7 2.132.7 1.7 6.7 Mauritania $2,688,92189.9 1.6 6.4 1.0 1.1 $161,99699.0 0.0 0.0 0.0 1.0 $315,78099.5 0.0 0.0 0.0 0.5 3,102,27790.1 2.6 4.7 0.8 1.8 Mauritius $16,177,88075.2 2.8 1.014.4 6.6 $448,68884.6 0.0 0.0 0.015.4 $566,42366.9 0.0 0.0 0.033.1 14,617,36462.5 5.1 0.817.813.7 Morocco $55,095,35782.5 0.412.7 2.1 2.3 $2,734,17160.8 0.035.0 0.0 4.2 $1,838,78795.2 0.0 4.5 0.0 0.3 81,291,31182.1 1.110.1 1.5 5.2 Mozambique $3,425,95121.7 0.9 8.5 6.162.8 $185,06194.5 0.0 0.0 0.0 5.5 $421,141100.0 0.0 0.0 0.0 0.0 13,534,190 5.5 0.6 2.3 4.487.2 Namibia $1,371,14061.8 2.011.317.9 6.9 $389,52598.4 0.0 0.0 0.0 1.6 $142,909100.0 0.0 0.0 0.0 0.0 2,296,17857.9 3.2 8.319.910.7 Niger $1,544,37772.8 1.311.610.9 3.3 $191,47199.8 0.0 0.0 0.0 0.2 $235,515100.0 0.0 0.0 0.0 0.0 1,712,26868.5 1.911.314.6 3.6 Nigeria $112,021,23932.8 2.556.5 3.9
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f00.pdf
  • 0.0 0.0 0.5 $514,38199.8 0.2 0.0 0.0 0.0 3,664,56562.336.6 0.5 0.0 0.6 Antigua and Barbuda $14,389,72968.712.0 1.516.9 0.9 $2,243,32558.022.2 0.0 6.113.7 $283,19789.9 9.0 0.0 1.1 0.0 32,115,08336.330.8 0.429.3 3.2 Aruba $13,728,60262.623.6 4.0 9.8 0.1 $1,750,36837.429.0 0.033.2 0.4 $935,50395.9 2.1 0.0 2.1 0.0 37,076,09030.541.9 1.425.1 1.2 Bahamas, The $47,489,62275.117.6 1.4 5.8 0.1 $9,737,90946.547.3 0.0 5.9 0.4 $1,025,29278.516.7 0.0 4.7 0.0 142,365,31546.541.4 1.110.2 0.8 Barbados $23,572,19850.932.4 0.514.3 1.9 $1,516,55735.533.1 0.026.7 4.7 $349,40492.0 5.8 0.0 2.2 0.0 59,863,01725.445.9 0.125.2 3.4 Bermuda $27,503,02065.127.4 0.1 7.2 0.2 $4,156,04233.350.9 0.015.7 0.1 $765,17315.683.0 0.0 1.4 0.0 74,949,80932.251.9 0.115.2 0.7 Cayman Islands $17,427,30673.413.7 0.611.9 0.4 $1,651,17543.930.4 0.024.8 0.9 $274,25195.8 1.3 0.0 2.9 0.0 35,754,15041.128.6 0.229.2 0.8 Cuba $62,610,34757.9 0.013.322.5 6.3 $1,855,24421.9 0.0 0.0 7.370.7 $298,38520.1 0.0 0.079.9 0.0 77,280,64738.9
• http://www.fcc.gov/Bureaus/International/Orders/1999/da991805.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da991805.txt
  • of the Commission's rules, 47 C.F.R. § 0.261, and is effective upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.115 may be filed within 30 days of the date of the public notice of this Order. See 47 C.F.R. § 1.4(b)(2). In addition, under Section 1.110 of the Commission's rules, 47 C.F.R. § 1.110, this action shall be considered as a grant of the applications unless applicants, within 30 days of the date of the public notice of this Order, file a written request rejecting the grant as made. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau 47 U.S.C. § 214. See IDB Mobile Communications, Inc.,
• http://www.fcc.gov/Bureaus/International/Orders/2000/da000162.doc
  • rules on delegations of authority, 47 C.F.R. § 0.261. This Order SHALL BE EFFECTIVE upon adoption. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of public notice of the release of this Order. This grant is subject to Section 1.110 of the Commission's rules. 47 C.F.R § 1.110. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson Chief, International Bureau Amendment of the Commission's Regulatory Policies To Allow Non-U.S.-Licensed Space Stations To Provide Domestic and International Satellite Service in the United States, Report and Order, IB Docket No. 96-111, 12 FCC Rcd 24094 (1997) (DISCO II). Id. at 24174 (para. 186). Id. at 24174
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00373.doc
  • interference to several grandfathered short spaced stations. See 47 C.F.R. § 72.213(a). The staff noted, however, that reducing the ERP from 659 watts to 610 watts would bring the facilities into compliance. The staff then, on its own motion, granted the corrective modification application with an ERP of 610 watts ("1998 permit"). The staff advised that, pursuant to 47 C.F.R. §1.110, Multicultural had 30 days to reject the limitation and, if it did so, that the staff would vacate the grant and return the application to pending status, necessitating rescission of the assignment application. On February 26, 1998, Multicultural and Heftel (WADO Corp.'s parent company) submitted a letter to the Chief, Audio Services Division, Mass Media Bureau, stating it was not
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • letter. Section 101.29(g) permits letter filing of amendments. Section 101.31(a)(2) permits letter filing for special, temporary and conditional authorizations in certain circumstances. Section 101.31(a)(6) permits filing for emergencies and war and other exceptional circumstances. Section 101.57(e) permits letter filing name and address changes. Section 90.145(a) permits letter filing similar to those permitted by section 1.931(a). In addition, pursuant to section 1.110 of our rules, applicants may, within 30 days of receiving a grant of an application, send a written request rejecting the grant as made. 47 U.S.C. § 308(a). This provides for filing letter requests as a substitute for formal applications under 47 exceptional circumstances or special situations. This provision is not to be confused with the filing of requests for
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011207.html
  • KY. Amended FM Table of Allotments for this community. (Dkt No. MM 00-173). Action by: Chief, Allocations Branch, Policy and Rules Division, MMB. Adopted: 12/05/2001 by R&O. (DA No. 01-2846). MMB [56]DA-01-2846A1.doc [57]DA-01-2846A1.pdf [58]DA-01-2846A1.txt JENNIFER D. WAGNER, ESQUIRE/FLETCHER, HEALD & HILDRETH, P.L.C.. Granted the petition for reconsideration, reissued a license with a corrected condition, and dismissed as moot Salem's Section 1.110 filing by LETTER. (DA No. 01-2844). MMB [59]DA-01-2844A1.doc [60]DA-01-2844A1.pdf [61]DA-01-2844A1.txt CRYSTAL BEACH AND STOWELL, TX. Dismissed the petition for rule making filed by Tichenor License Corporation requesting the substitution of Channel 287C3 for Channel 287A at Crystal Beach and reallotment of Channel 2873 to Stowell, Texas. (Dkt No. MM 01-223). Action by: Chief, Allocations Branch, Policy and Rules Division, MMB.
• http://www.fcc.gov/DiversityFAC/041210/merger_review3.pdf
  • Corp., 406 U.S. 649, 668 n.27 (1972). In addition, the Public Interest Test requires, at a minimum, that the transaction not interfere with the objectives of the Communications Act. The Communications Act-particularly with its Telecom Act amendments- contains specific, direct mandates and instructions, many of which, when implemented by the FCC, embody proactive, ex-ante requirements. 1 See 47 C.F.R. § 1.110; see also WorldCom-MCI Order, 13 FCC Rcd at 18031-32 ¶ 10; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20001-02 ¶ 30. 2 Comcast-AT&T Order, 17 FCC Rcd at 23255; EchoStar-DirecTV HDO, 17 FCC Rcd at 20575. 3 See Comcast-AT&T Order, 17 FCC Rcd at 23255; EchoStar-DirecTV HDO, 17 FCC Rcd at 20575; AT&T- MediaOne Order, 15 FCC Rcd at 9821;
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/MergerReview3.doc
  • ownership of telecommunications services. Consequently, as a means of fostering access to opportunity in the transactional arena, where divestiture remedies are required or voluntarily available, the Commission should encourage the structuring of those remedies to ensure that small businesses, women and members of minority groups have substantial opportunities to own and operate media and telecommunications services. See 47 C.F.R. § 1.110; see also WorldCom-MCI Order, 13 FCC Rcd at 18031-32 ¶ 10; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20001-02 ¶ 30. Comcast-AT&T Order, 17 FCC Rcd at 23255; EchoStar-DirecTV HDO, 17 FCC Rcd at 20575. See Comcast-AT&T Order, 17 FCC Rcd at 23255; EchoStar-DirecTV HDO, 17 FCC Rcd at 20575; AT&T-MediaOne Order, 15 FCC Rcd at 9821; cf. 47 U.S.C.
• http://www.fcc.gov/fcc-bin/audio/DA-06-1429A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1429A1.pdf
  • and minimum permissible facilities pursuant to Section 73.811(a)(1). Without the interference being caused to WABZ-FM, Central's application would have been granted with a maximum ERP of 0.086 kW. However, to eliminate any such interference, we will grant the application with a maximum ERP of 0.045 kW and a minimum ERP of 0.043 kW. This action is taken pursuant to Section 1.110 of the Commission's rules. Accordingly, the April 9, 2004 Petition to Deny filed by Susquehanna Radio Corp., when treated as an Informal Objection, IS GRANTED to the extent indicated herein, and the application (File No. BNPL-20010615AFR) of Central Piedmont Community College for a new Low Power FM station at Charlotte, North Carolina, IS GRANTED, subject to the condition that the
• http://www.fcc.gov/fcc-bin/audio/DA-06-2253A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2253A1.pdf
  • record'' prior to any action on the Application. In addition, XETV claimed that SDCCD previously had accepted a condition to subject the Application to bilateral negotiations. In support, XETV stated that KSDS did not challenge the ``condition'' on the 3 kW Construction Permit which stated that ``[p]rocessing on [the Application] is awaiting resolution of international matters.'' It argued that Section 1.110 of the Commission's rules requires an applicant which objects to a condition on its authorization to reject the construction permit within 30 days of the date of grant. Because SDCCD did not so act, XETV contended that the Application accordingly became subject to U.S.-Mexico negotiations. It also asserted that XETV(TV) is protected under 1962 U.S.-Mexico VHF Television Agreement. In addition,
• http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-2A1.pdf
  • paint a picture of reduced revenues accompanying the entry of LPFM stations. Table 10 Change in Average Full-Service Commercial FM Stations' Revenue per Adult by Market Year No Change in LPFM Increase in LPFM Market Rank 1 - 100 Market Measure 2005-2007 -0.132 -0.106 (997) (566) 2007-2009 -0.911 -0.881 (1210) (289) Contour Measure 2005-2007 -0.134 -0.095 (1110) (453) 2007-2009 -0.861 -1.110 * (1286) (247) Market Rank 101 - 200 Market Measure 2005-2007 -0.066 -0.066 (846) (192) 2007-2009 -1.108 -0.689 * (932) (109) Contour Measure 2005-2007 -0.048 -0.162 (845) (189) 2007-2009 -1.072 -0.843 (956) (95) Market Rank > 200 Market Measure 2005-2007 -0.021 -0.395 * (601) (154) 2007-2009 -1.345 -1.241 (752) (60) Contour Measure 2005-2007 -0.034 -0.407 * (616) (145) 2007-2009 -1.330
• http://www.fcc.gov/fcc-bin/audio/FCC-03-14A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-14A1.pdf
  • F.2d 1153, 1157 (D.C. Cir. 1969) (``WAIT Radio''), citing Rio Grande Family Radio Fellowship Inc. v. FCC, 406 F.2d 664 (D.C. Cir. 1968). WAIT Radio,418 F.2d at 1157. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. §§ 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. § 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. § 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was based on an event occurring two months previously).
• http://www.fcc.gov/fcc-bin/audio/FCC-08-21A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-21A1.pdf
  • for daytime authority at the LaFayette Site. See infra para. 6. Matters concerning the LaFayette Site cannot affect the outcome of this case. The decision under review is limited to whether Cram is entitled to tolling based on the difficulties it has experienced in attempting to construct facilities at the Wolf Site. See note 6, supra. See 47 C.F.R. § 1.110. See 16 U.S.C. § 470f. See Cram Communications, LLC, Letter, 20 FCC Rcd 17153 (2005). See 47 C.F.R. § 73.3598(b) and (c). See also Streamlining Recon., 14 FCC Rcd at 17540. See Streamlining Order, 13 FCC Rcd at 23091. Id. Streamlining Recon., 14 FCC Rcd at 17538-41. Id. at 17539. Id. at 17541. Id. at 17539. 47 C.F.R. § 73.3598(c).
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/92-576.pdf
  • Cir.1987). 16. The "further restrictions" embodied in § 73.213(f)(2)(iii)mustbereadinconjunctionwiththepow- erlimitationprovisionsof§§73.213(a)and(e).Thelast sentenceof§73.213(f)(2)(iii)wasintendedtoremedysitu- ationswherethe1mV/mcontourofashort-spacedstation (inthiscase.aClassCstationlocatedlessthan121km fromafirst-adjacentClassCstation)extendedprohibitively fardespitethe10km/600mlimitationin§73.213(a). Pursuantto§73.213(f)(2)(iii).insuchasituation,the applicantwasrequiredto"pullback"its1mV/mcontour toanappropriatedistance;thatis,toadistancewhich wouldnotexceedthatwhichwouldobtainifthestation wereoperatingwithmaximumfacilitiesallowedby§ 73.213(a)fromitsoriginalsite.Itwascontemplatedthat theapplicantcould"pullback"its1mV/mcontourtoan appropriatedistancebyreducingpowerand/orantenna heightfromthemaximumlevelsspecifiedin§73.213(a).It isnotconsistenttoarguethat§73.213(f)(2)(iii)would permitanapplicanttoexceedthemaximumpowerlevels containedin§73.213(a)inanattempttoproducea1 8FCCRcdNo.2 mV/mcontourofappropriatedistance.2Indeed,todoso wouldrender§73.213(e)superfluous,aresultwhichis inconsistentwithsettledprinciplesofstatutoryconstruc- tion.See,Weinbergerv.Hynson,Westcott&Dunning,412 U.S.609,633(1973)(aregulationsouldnotbeconstrued torenderclausessuperfluous,citing"thewell-settledrule ofstatutoryconstructionthatallpartsofastatute,ifatall possible,aretobegiveneffect."). 17.Thereisalsonobasisforgrantingawaiverof§ 73.213toMurray.Inthisregard,weagreewithWilkesthat BristolBroadcasting,supra,providesnojustificationfor waivingourrulesinthisinstance,andMurray'sclaimof significantservicegainsareclaimsthatanyapplicant whichproposesexcessivefacilitiescouldproffer.Wealso notethatalthoughtheCommissionhascarvedoutan exceptiontothegeneralruleprohibitingapplicantsfrom proposingpowersinexcessofthemaximumsspecifiedin§ 73.213(a),theexceptionwasintendedtoapplyinsituations wherethereisamutualagreementbetweentheshort- spacedstationsinvolved,andthenonlywhentheproposal involvesachangeinfacilities.See,FMBroadcastRules,40 FCC868(1964).Indeed,inShort-SpacedFMStations,57 FCC2d1263(1975),theCommissionreiteratedthatit wouldnotconsiderarequestforexcessivefacilitiesdespite theexistenceofamutualagreementiftheproposalin questioninvolvedatransmittersitechange.Consequently, evenifMurrayandWilkeswereabletonegotiateamutual agreementallowingWQMG-FMtooperatewithanexces- sivepower,theCommissionwoulddisapprovetherequest- edmodificationsbecausetheproposedchangesinvolvea transmittermove. 18.Therealsoisanotherindependentbasisforrejecting Murray'sApplicationforReview.Section1.110ofthe Commission'sRulesstatesinpertinentpart: WheretheCommissionwithoutahearinggrantsany application...withtermsotherthanthoserequested ...theactionoftheCommissionshallbeconsidered asagrantofsuchapplicationunlesstheapplicant shall,within30days...filewiththeCommissiona writtenrequestrejectingthegrantasmade. 19.Intheinstantcase.thestaff,bydelegatedauthority, grantedMurray'sapplicationwithtermstowhichMurray objects.Thatis.thestaffgrantedMurray'samendedpro- posal,ratherthanitsinitialproposal.However.Murray failedtochallengethetermsofthegrantaccordingtothe procedureprescribedin§1.110.Tothecontrary,Murray effectivelyacceptedthegrantwhenitsubsequentlymodi- fiedWQMG-FMasauthorized,andsoughtandreceiveda coveringlicenseforthechanges.Indeed,since1989, WQMG-FMhasbeenoperatingfromthesiteandwiththe facilitieswhichMurraycontests.Inthisregard.wenote thatanapplicantmaynot,ontheonehand,accepta Commissiongrantand,ontheotherhand.seekanadmin- istrativeappealoftheauthorization.SeeCentralTelevision, Inc.v.FCC,834F.2d186(D.C.Cir.1987)CapitalTele- phoneCompanv,Inc.v.FCC,498F.2d734,739(D.C.Cir. 1974).Consequently,havingeffectivelyacceptedthegrant 2Wenoteinthisregard,thattheCommissionhistoricallyhas refusedtoauthorizeexcessivepowerlevelsinordertocom- pensateforinsufficientantennaheights.See.RevisionofFM Rules,23 RR1801,1831(1962). FederalCommunicationsCommissionRecord asmadeandhavingfailedtochallengethestaffactionas required,Murrayhasforecloseditsopportunitytocontest thetermsoftheconstructionpermit. 20.Althoughthemostrecentstaffdecisionmaynothave articulatedaresponsetoeverycontentionraisedbyMurray initsPetitionforReconsideration,wehavecarefullycon- sideredalloftheargumentsadvancedbyMurrayinits ApplicationforReview.WeconcludethatMurray'sorigi- nalproposalviolatedthen-existing§73.213andwas,there- fore.properlydismissed.Wefurtherconcludethatawaiver of§73.213wasnotjustified.Finally,weconcludethatthe staffactiongrantingrecon-siderationtotheextentthatit approvedMurray'samendedproposalwasproper.Mur- ray'ssubsequentactionsembracingthegrantfurthersup- portourdispositionofthiscase. 21.ACCORDINGLY,ITISORDERED,Thatthe ApplicationforReview,filedAugust8,1988,byMurray HillBroadcastingCompany.licenseeofStationWQMG- FM,Greensboro,NorthCarolina.ISHEREBYDENIED. FEDERALCOMMUNICATIONSCOMMISSION DonnaSearcy Secretary FCC92-576
• http://www.fcc.gov/ib/sand/mniab/traffic/files05/CREPOR05.pdf
  • of Origin) in the United States Billed Percent Share by Carrier Receipts Percent Share by Carrier Receipts Percent Share by Carrier Total Percent Share by Carrier Revenues 1 2 3 4 Other from PTT 1 2 3 4 Other from PTT 1 2 3 4 Other Minutes 1 2 3 4 Other Kenya $17,228,172 14.0 0.130.517.3 38.1 $854,312 0.0 0.0 1.110.8 88.1 $411 0.0 0.0 0.0 0.7 99.3 87,265,397 13.7 0.125.922.2 38.1 Lesotho $329,400 4.8 0.036.3 0.0 59.0 $17,233 0.0 0.0 0.0 0.0100.0 $1 0.0 0.0 0.0 0.0100.0 1,899,700 6.8 0.020.8 0.0 72.4 Liberia $7,043,471 10.9 0.033.9 3.7 51.5 $21,542 0.0 0.0 0.0 0.0100.0 $65 0.0 0.0 0.086.2 13.8 34,079,082 12.6 0.111.9 5.5 69.9 Libya $4,288,001 9.5 0.016.6 9.9 63.9 $181,331
• http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
  • revenues accompanying the entry of LPFM stations. Federal Communications Commission DA 12-2 86 Table 10 Change in Average Full-Service Commercial FM Stations' Revenue per Adult by Market Year No Change in LPFM Increase in LPFM Market Rank 1 -100 Market Measure 2005-2007 -0.132 -0.106 (997) (566) 2007-2009 -0.911 -0.881 (1210) (289) Contour Measure 2005-2007 -0.134 -0.095 (1110) (453) 2007-2009 -0.861 -1.110 * (1286) (247) Market Rank 101 -200 Market Measure 2005-2007 -0.066 -0.066 (846) (192) 2007-2009 -1.108 -0.689 * (932) (109) Contour Measure 2005-2007 -0.048 -0.162 (845) (189) 2007-2009 -1.072 -0.843 (956) (95) Market Rank > 200 Market Measure 2005-2007 -0.021 -0.395 * (601) (154) 2007-2009 -1.345 -1.241 (752) (60) Contour Measure 2005-2007 -0.034 -0.407 * (616) (145) 2007-2009 -1.330 -1.388
• http://www.fcc.gov/ogc/documents/opinions/1998/tribune.html http://www.fcc.gov/ogc/documents/opinions/1998/tribune.wp
  • its orders in our court, 47 U.S.C. 402(b)(3) (1994), and it granted Tribune's application (albeit subject to condition), we must dismiss Tribune's appeal. Even were we to determine that that section is not a bar to the appeal, Tribune, the Commission also argues, failed to comply with the FCC's administrative exhaustion requirement set forth in its rules. See 47 C.F.R. 1.110 (1996). We start with the statute. In Mobile Communications Corporation of America v. FCC, 77 F.3d 1399 (D.C. Cir.), cert. denied, 117 S. Ct. 81 (1996), we decided that when the Commission grants an application subject to some condition which the applicant did not request, the application has been denied for purposes of 402(b). In that case, the applicant, Mtel,
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1273.pdf
  • petitioned for reconsideration, on the ground that it was entitled to waiver of the co-ownership rule. The Commission dismissed the petition in 2000, and ordered Peninsula to divest itself of the licenses within 30 days. Applications of Peninsula Communications, Inc., 15 F.C.C.R. 3293, 3296 (2000) ("2000 order"). Peninsula then filed a rejection of the conditional renewals under 47 C.F.R. § 1.110. In 2001, the Commission dismissed Peninsula's rejection as untimely because § 1.110 imposes a limit of "30 days from the date on which [the conditional] grant [was] made" for filing rejections. Peninsula Communications, Inc., 16 F.C.C.R. 11,364, 11,368-70 (2001) ("2001 order"). Because Peninsula had not fulfilled the divestiture condition originally imposed in 1997, the Commission rescinded the conditional license renewals