FCC Web Documents citing 1.1108

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-150A1.txt
  • II, 5 FCC Rcd at 5922-23 ¶¶ 25-26). DCT Communications. Inc. Contingent Reply to Opposition to Further Petition for Reconsideration (filed Sept. 26, 1999) (Reply). Further Petition at 3-4. Id. at 4-5. Id. at 5. Id. at 8. Id. See 47 C.F.R. § 1.1102 (1994) (FCC Form 159 not listed as required when filing FCC Form 494); 47 C.F.R. § 1.1108(b) (1994). Altron's arguments to the contrary mischaracterize DCT's position and therefore are without merit. Specifically, Altron states that ``DCT does not dispute that the remittance advice form was still required at the time that DCT filed its application.'' Opposition at 7. As noted above, however, DCT specifically disputed that conclusion. See, e.g., Letter from Marilyn J. McDermett, Associate Managing Director,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1741A1.txt
  • - Request for reconsideration of a fee waiver decision denying a request for waiver of the FY 2000 regulatory fees for KSWD(AM) and KPFN(FM) Denied (January 31, 2003) [See Implementation of Section 9 of the Communications Act 10 FCC Rcd 12759, 12761-62 (1995)] Poulos, Don Request for refund of application renewal fees Denied (January 31, 2003) [See 47 CFR Section 1.1108] Professional Antenna, Tower and Translator Service - Request for waiver of the FY 2002 regulatory fees for the translator stations K245AB, K251AF, K261AA, K269AB, K274AF, K280AE, KO7IU and K19CE Granted (January 21, 2003) [See Implementation of Section 9 of the Communications Act, Memorandum Opinion and Order, 10 FCC Rcd 10,891, para. 16 (1995)] Progressive Broadcasting, Inc. - Request for waiver
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1274A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1274A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1274A1.txt
  • Section 9(c)(1) of the Communications Act of 1934, as amended see also See Aerco Broadcasting Corporation, 16 FCC Rcd. 15,042 (2001)] Mobile Satellite Ventures LP - Request for a refund of the application fees filed in connection with the addition of Ancillary Terrestrial Components (ATC) to its Mobile Satellite Service (MSS) system Granted (March 26, 2004) [See 47 C.F.R. § 1.1108 and 1.1113(a)] MonsterFM.com/KBKH - Request for a waiver of the FY 2003 regulatory fee for KBKH-FM Granted (March 23, 2004) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995)] Petracom Media, LLC - Request for deferral and waiver of the regulatory fees for FY 2003 Granted (March
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2135A1.txt
  • Request for waiver of the late charge penalty regarding fiscal year 2003 regulatory fees for WNCA-AM Metairie, LA Denied (June 7, 2004) [See Assessment and Collection of Regulatory Fees for Fiscal Year 2003, Report and Order, 18 FCC Rcd 15,985, 15998 (2003)] contactMEO Communications, LLC - Request for a refund of an application processing fee Granted (June 15, 2004) [SeeC.F.R. §§1.1108 and 1.1113(a)] D & E Communications of Ohio - Request for waiver of the late charge penalty regarding fiscal year 2003 regulatory fees for WABQ Inc. Denied (June 18, 2004) [See Amendment of Parts 1, 21, 61, 73, 74 and 76 of the Commission's Rules, Adoption of a Mandatory FCC Registration Number, Report and Order, 16 FCC Rcd 16138, 16143
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1137A1.txt
  • in the FCC record. The decisions are placed in General Docket 86-285 and are available for public inspection. A copy of the decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: Atsinger - Request for refund of application fees. Granted (February 3, 2005) [See 47 C.F.R. §§ 1.1108 and 1.1113(a)] Broadcast House of the Pacific, Inc. - Request for waiver of a late charge penalty for FY 2004 regulatory fees. Denied (February 4, 2005) [See 47 C.F.R. §1.1164] Gilmer Cable Television Co, Inc - Request for waiver of a late charge penalty for FY 2004 regulatory fees. Denied (February 4, 2005) [See 47 C.F.R. § 1.1164] GTC Telecom,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • SCHEDULE OF STATUTORY CHARGES AND PROCEDURES FOR PAYMENT Brief Description: Schedule of charges for applications. Need: Section 1.1102 through 1.1107 rules are tables that identify the application fees that are charged by the Commission for renewing, modifying, or when applying for a new license. These fees are adjusted periodically to incorporate cost-of-living increases, and or other increases in fees. Section 1.1108 through 1.1119 rules describe the type and form of payment, where it should be sent and how the payment should be processed, as well as rules governing exemptions, refunds, and penalties associated with the charges in sections 1.1102 through 1.1107. Legal Basis: 47 U.S.C. 158(b). Section Number and Title: 1.1102 Schedule of charges for applications and other filings in the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1296A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1296A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1296A1.txt
  • Communications Act, 10 FCC Rcd 12759, 12761-62, ¶¶ 13-14 (1995)] PC Landing Corp. - Request for waiver of FY 2005 regulatory fee. Granted (May 17, 2006) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd 12759, 12762 (1995)] Ruby Radio Corp. Station KHIX - Request for refund of application fee. Granted (May 9, 2006) [See 47 C.F.R. §§1.1108 and 1.1113(a)(1)] SkyTerra Communications, Inc. - Request for waiver of application fee. Denied (May 23, 2006) [See 47 C.F.R.§1.1107(9)(a)(i); 47 U.S.C. §158(g), Common Carrier Services, (16)(b)(i)] Sonia Broadcasting Company, LLC WGEN (TV) and WGEN (DT) - Request for waiver of FY 2005 regulatory fee. Granted (May 9, 2006) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-16A1.txt
  • Satellite LLC - Request for waiver of application fees. Granted (October 25, 2005) [ See 47 C.F.R § 1.1107] Hughes Network Systems, Inc - Request for refund of application fees. Granted (October 25, 2005) [See 47 C.F.R § 1.1113 (a)(4)] Integrity Radio of Florida, LLC - Request for refund of application fee. Granted (October 25, 2005) [See 47 C.F.R §§ 1.1108, 1.1113(a)] KMRI Radio, LLC - Request for waiver of FY 2004 regulatory fees. Granted (October 25, 2005) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. Granted, 10 FCC Rcd 12759 (1995)] KZPO-FM, Lindsay, California - Request for waiver of regulatory fees. Denied (October 25, 2005) [See Implementation of Section 9 of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
  • SCHEDULE OF STATUTORY CHARGES AND PROCEDURES FOR PAYMENT Brief Description: Schedule of charges for applications. Need: Section 1.1102 through 1.1107 rules are tables that identify the application fees that are charged by the Commission for renewing, modifying, or when applying for a new license. These fees are adjusted periodically to incorporate cost-of-living increases, and or other increases in fees. Section 1.1108 through 1.1118 rules describe the type and form of payment, where it should be sent and how the payment should be processed, as well as rules governing exemptions, refunds, and penalties associated with the charges in sections 1.1102 through 1.1107. Legal Basis: 47 U.S.C. 158(b). Section Number and Title: 1.113(d) Return or refund of charges. Brief Description: Petitions and applications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2098A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2098A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2098A1.txt
  • fee decisions are released for public information: BBG Communications, Inc. - Request for waiver of FY 2004 regulatory fee late payment penalty. Denied (April 3, 2007) [See FY 2004 Report and Order at 11682, ¶ 70; 47 U.S.C. §159; 47 C.F.R. §1.1157] Jerry J. Collins KLFF (AM) - Request for refund of application fee. Granted (April 16, 2007) [See 47C.F.R. §§1.1108 and 1.113(a] New AM, Baxter, MN - Request for waiver of FY 2006 regulatory fee. Granted (April 3, 2007) [See FY 2006 Report and Order at ¶ 50] PC Landing Corp - Request for deferral and waiver of FY 2006 regulatory fees. Granted (April 3, 2007) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3489A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3489A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3489A1.txt
  • FCC record. The decisions are placed in General Docket 86-285 and are available for public inspection. A copy of the decision is also placed in the appropriate docket, if one exists. The following Managing Director fee decisions are released for public information: Central Vermont Communications, Inc - Request for refund of application fees. Granted (June 28, 2007) [See 47 C.F.R. §§1.1108 and 1.1113(a)] DFW Radio Licensee, LLC - Request for waiver of FY 2006 regulatory fee. Granted (June 28, 2007) [See Implementation of Section 9 of the Communications Act, 10 FCC Rcd, 12759, 12761-62 (1995)] World Television of Washington, LLC - Request for waiver of FY 2006 regulatory fee. Granted (June 07, 2007) [See Implementation of Section 9 of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.txt
  • & 159 $60.00 MAN f. Special Temporary Authorization (per application) Corres & 159 $160.00 MGN 12. Permit to Deliver Programs to Foreign Broadcast Stations (per application) a. Commercial Television Stations 308 & 159 $90.00 MBT b. Commercial AM or FM Radio Stations 308 & 159 $90.00 MBR 13. Recognized Operating Agency (per application) Corres & 159 $965.00 CUG 10. Section 1.1108 is revised to read as follows: §1.1108 Schedule of charges for applications and other filings for the international telecommunication services. Remit payment (along with a copy of invoice) for these services to the: Federal Communications Commission, International Telecommunication Fees, P.O. Box 979096, St. Louis, MO 63197-9000 1Administrative Fee 99 & 99A $2.00 IAT 2. Telecommunication Charges 99 & 99A ITTS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1324A1.txt
  • regulatory fees. Dismissed (May 01, 2009) [See 47 U.S.C. §159 (d)] North Orange County Community College District Stations WHZ-330 WHZ 331 and WHZ-332 - Request for Waiver of FY08 regulatory fees. Denied (May 07, 2009) [See 47 C.F.R. §1.1162 (c)] Mr. Ralph Di Pasquale Station WCY6902- Request for refund of renewal application fee. Denied (May 07, 2009) [See 47 C.F.R. §1.1108] Mr. Russell E. Johnson - Request for waiver of filing fee. Dismissed without prejudice (May 07, 2009) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995)] Sorenson-Southeast Radio, LLC. Station WZGA (FM) - Request for waiver of application fee. Granted (May 07, 2009) [See 47 C.F.R. §1.1112
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1658A1.txt
  • § 1.1901(i)), unless otherwise provided for in this regulation, e.g., 47 CFR 1.1928 (employee petition for a hearing). The entity will be informed that action will be withheld on the application until full payment or arrangement to pay any non-tax delinquent debt owed to the Commission is made and/or that the application may be dismissed. See the provisions of §§ 1.1108, 1.1109, 1.1116 and 1.1118. Any Commission action taken prior to the payment of delinquent non-tax debt owed to the Commission is contingent and subject to rescission. Failure to make payment on any delinquent debt is subject to collection of the debt, including interest thereon, any associated penalties, and the full cost of collection to the Federal government pursuant to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-285507A1.txt
  • Released: September 19, 2008 By the Managing Director: On January 25, 2008, the Managing Director released an Order, DA 08-122, in the above-captioned proceeding. This Erratum corrects an inadvertent error by reinserting two rules that were eliminated and correcting typographical errors in the Appendix. Accordingly, this Erratum corrects the Appendix of the Order as indicated below: Re-insert the former § 1.1108 and § 1.1109 of the Commission's rules, and renumber them as the new § 1.1110 and § 1.1111. The new § 1.1111 has been restructured for reasons of clarity. The new § 1.1110 and § 1.1111 should read as follows: § 1.1110 Attachment of charges. The charges required to accompany a request for the Commission regulatory services listed in §§
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-421A1.txt
  • System of Records, 65 Fed. Reg. 18103 (Apr. 6, 2000) (CORES); see also Privacy Act System of Records, 65 Fed. Reg. 18105 (Apr. 6, 2000) (RAMIS). 47 C.F.R. §§ 1.1109, 1.1112, 1.1116. 47 C.F.R. §§ 1.1157, 1.1164. 47 C.F.R. § 1.764. E.g., 47 C.F.R. §§ 5.65(a); 25.112(a)(1); 25.527; 73.3564(a)(1); and 78.20(a). Compare 47 C.F.R. § 1.1113 with 47 C.F.R. § 1.1108. See 47 C.F.R. § 61.13, et seq. (tariff publications filed electronically through ETFS); 47 C.F.R. §§ 61.1, et seq. (publications filed on paper or diskette). See 47 U.S.C. §§ 203(b) (maximum 120 days notice), 204(a)(3) (seven or fifteen days' notice for local exchange carriers), and 226(h)(1)(A) (``changes in [informational tariff] rates, terms, or conditions shall be filed no later than
• 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
  • (see §§ 1.934 and 1.1109.)'' g) At § 1.1113 Return or refund of charges, at subparagraph (a)(1) after the first sentence, add ``See § 1.1109.'' h) At § 1.1114 General exemptions to charges, at the first sentence, change ``1.1106'' to ``1.1107''. i) At § 1.1116 Penalty for late or insufficient payments, at subparagraph (a), in the first sentence, change ``§ 1.1108(b)'' to ``§ 1.1109(b)''. j) At § 1.1117 Petitions and applications for review, at subparagraph (c)(1), change ``1.1105'' to ``1.1107''. At subparagraph (e), in first sentence, after ``FCC Form 159'' insert the punctuation and words ``, or a request for deferral. A Petition for waiver and/or deferral of payment must be submitted to the Office of the Managing Director as specified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-72A1.txt
  • paragraph 1.1901(j)), unless otherwise provided for in this regulation, e.g., 47 CFR 1.1928 (employee petition for a hearing). The entity will be informed that action will be withheld on the application until full payment or arrangement to pay any non-tax delinquent debt owed to the Commission is made and/or that the application may be dismissed. See the provisisons of paragraphs 1.1108, 1.1109, 1.1116 and l.1118. Any Commission action taken prior to the payment of delinquent non-tax debt owed to the Commission is contingent and subject to recission. Failure to make payment on any delinquent debt is subject to collection of the debt, including interest thereon, any associated penalties, and the full cost of collection to the Federal government pursuant to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-209A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-209A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-209A1.txt
  • & 159 $60.00 MAN f. Special Temporary Authorization (per application) Corres & 159 $170.00 MGN 12. Permit to Deliver Programs to Foreign Broadcast Stations (per application) a. Commercial Television Stations 308 & 159 $95.00 MBT b. Commercial AM or FM Radio Stations 308 & 159 $95.00 MBR 13. Recognized Operating Agency (per application) Corres & 159 $1,015.00 CUG 10. Section 1.1108 is revised to read as follows: §1.1108 Schedule of charges for applications and other filings for the international telecommunication services. Remit payment (along with a copy of invoice) for these services to the: Federal Communications Commission, International Telecommunication Fees, P.O. Box 979096, St. Louis, MO 63197-9000 1. Administrative Fee For Collections (per line item) 99 & 99A $2.00 IAT 2.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-27A1.txt
  • & 159 $60.00 MAN f. Special Temporary Authorization (per application) Corres & 159 $175.00 MGN 12. Permit to Deliver Programs to Foreign Broadcast Stations (per application) a. Commercial Television Stations 308 & 159 $95.00 MBT b. Commercial AM or FM Radio Stations 308 & 159 $95.00 MBR 13. Recognized Operating Agency (per application) Corres & 159 $1,050.00 CUG 10. Section 1.1108 is revised to read as follows: §1.1108 Schedule of charges for applications and other filings for the international telecommunication services. Remit payment (along with a copy of invoice) for these services to the: Federal Communications Commission, International Telecommunication Fees, P.O. Box 979096, St. Louis, MO 63197-9000 1. Administrative Fee For Collections (per line item) 99 & 99A $2.00 IAT 2.
• http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00286.pdf
  • The adjusted or increased fees reflect the net change in the Consumer Price Index for all Urban Consumers (CPI-U) of 33 percent, calculated from December 1989 to October 1999.2 The adjustments made to the fee schedule comport with the statutory formula set forth in Section 8(b). 2. The following edits are being made to update administrative procedures issues: a) At §1.1108, Attachment of Charges, in the first sentence, change "services listed in §§1.1102 through 1.1106" to "services listed in §§1.1102 through 1.1107"; change the reference in the last line from §1.1112 to §1.1113. b) At §1.1110, Form of payment, subparagraph (b) change all referenced to "FCC Form 155" to "FCC Form 159". In subparagraph (f), in the first sentence following the
• http://wireless.fcc.gov/auctions/06/releases/ro950230.pdf http://wireless.fcc.gov/auctions/06/releases/ro950230.txt http://wireless.fcc.gov/auctions/06/releases/ro950230.wp
  • a paper exception for those educators that are not financially supported by a wireless cable operator. Notice at 7676-77. The Notice suggested that communication links could be used to exchange application data between applicants and the Commission, thus minimizing the filing of paper with the Commission and allowing the Commission to process MDS The Commission recently amended 47 C.F.R. §§ 1.1108 and 1.1109 to permit the electronic 48 filing of fee payments, initially on an experimental basis. Implementation of Section 9 of the Communications Act, Report and Order in MD Docket No. 94-19, FCC No. 94-140 (released June 8, 1994), 59 Fed. Reg. 30,984 (June 16, 1994) at ¶¶ 50-51. See, e.g., Comments of Association at 47; and ITFS Parties at
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc00286.pdf
  • The adjusted or increased fees reflect the net change in the Consumer Price Index for all Urban Consumers (CPI-U) of 33 percent, calculated from December 1989 to October 1999.2 The adjustments made to the fee schedule comport with the statutory formula set forth in Section 8(b). 2. The following edits are being made to update administrative procedures issues: a) At §1.1108, Attachment of Charges, in the first sentence, change "services listed in §§1.1102 through 1.1106" to "services listed in §§1.1102 through 1.1107"; change the reference in the last line from §1.1112 to §1.1113. b) At §1.1110, Form of payment, subparagraph (b) change all referenced to "FCC Form 155" to "FCC Form 159". In subparagraph (f), in the first sentence following the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000150.doc
  • II, 5 FCC Rcd at 5922-23 ¶¶ 25-26). DCT Communications. Inc. Contingent Reply to Opposition to Further Petition for Reconsideration (filed Sept. 26, 1999) (Reply). Further Petition at 3-4. Id. at 4-5. Id. at 5. Id. at 8. Id. See 47 C.F.R. § 1.1102 (1994) (FCC Form 159 not listed as required when filing FCC Form 494); 47 C.F.R. § 1.1108(b) (1994). Altron's arguments to the contrary mischaracterize DCT's position and therefore are without merit. Specifically, Altron states that ``DCT does not dispute that the remittance advice form was still required at the time that DCT filed its application.'' Opposition at 7. As noted above, however, DCT specifically disputed that conclusion. See, e.g., Letter from Marilyn J. McDermett, Associate Managing Director,