FCC Web Documents citing 1.113
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- expand its request for information relative to these investigations. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to each counsel
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- Calvary Chapel of Costa Mesa, Inc. FM Radio Station KWVE San Clemente, California ) ) ) ) ) ) File No. EB-09-SE-137 NAL/Acct. No. 200932100077 FRN No. 0006377303 ORDER Adopted: November 13, 2009 Released: November 13, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we reconsider on our own motion and set aside pursuant to Section 1.113 of the Commission's Rules (``Rules'') the Notice of Apparent Liability for Forfeiture (``NAL'') issued to Calvary Chapel of Costa Mesa, Inc. (``Calvary Chapel''), licensee of FM radio station KWVE, in the above-captioned proceeding on September 17, 2009. The NAL was issued to Calvary Chapel for transmitting an unauthorized Required Monthly Test (``RMT'') of the Emergency Alert System (``EAS'') in a
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- in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in the above captioned proceedings.
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- Martin had, in fact, filed a response to the NAL with the Commission on April 6, 2000. However, Mr. Martin's response was misrouted and the Bureau did not become aware of it until June 27, 2000. Because Mr. Martin actually did respond to the NAL, we will set aside the Forfeiture Order adopted on June 26, 2000, pursuant to Section 1.113(b) of the Commission's Rules (``Rules''), and consider his response to the NAL in this Order. II. BACKGROUND 3. Mr. Martin is the former licensee of amateur station KC5WHN. By letter of November 3, 1998, the Commission notified Mr. Martin of complaints concerning a station identifying as KC5WHN. The complaints asserted that the station identifying as KC5WHN was operating on frequencies
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- same nucleus of operative facts we will address the issues collectively, rather than addressing the issues raised by each pleading individually. III. Discussion Status of Kay's Authorization to Operate on Frequency 855.0625 MHz. Kay argues that the Branch could not assign 855.0625 MHz to another party because Kay retained an effective and valid authorization for that frequency. We agree. Section 1.113 of the Commission's Rules permits a delegated authority to set aside an action on its own motion. License grants are made subject to the provision that they may be set aside within thirty days. The Commission has previously held that the set aside of a license grant within this period was not a final grant. Thus, the set aside of
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- named Big Tex as the tentative selectee on January 31, 1995 and granted Big Tex's application on May 23, 1995. CHI filed a petition to set aside the grant on May 26, 1995. On June 2, 1995, Big Tex requested that we return its application to pending status. On June 9, 1995, we set aside the grant pursuant to section 1.113 of the Commission's rules and returned Big Tex's application to pending status to permit a more comprehensive review of the application. 3. CHI alleges in its Petition that Big Tex's application proposes to establish a cellular station operating on the same channel block as CHI in the Biloxi-Gulfport MSA that would cause harmful interference within CHI's Cellular Geographic Service Area
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- potential for price squeeze behavior. Because Stratos's petition does not indicate that its international rates for all international routes will be postalized, there is a possibility Stratos's international rates could vary and we therefore determine that it is necessary to examine Stratos's petition in more detail. In light of the foregoing, we have, on our own motion pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. § 1.113decided to reconsider the grant of the petition of waiver to Stratos. We therefore set aside the previous order in this matter, DA 99-3017, and will act on Stratos's petition for waiver in due course. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47
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- 27, 2000 Released: April 28, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. The Chief, Public Safety and Private Wireless Division, on her own motion, rescinds the Order on Reconsideration in this proceeding, which dismissed the petition for reconsideration filed on December 27, 1999, by Mobile Relay Associates, Inc. 2. Accordingly, pursuant to Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), IT IS ORDERED that the action in the Order on Reconsideration in this proceeding, DA 00-751, released April 6, 2000, IS HEREBY RESCINDED and the petition for reconsideration is reinstated as pending further action by the Division. 3. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of
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- request, SLD should have construed it as a service substitution request notwithstanding how the applicant captioned the pleading. As such, SLD should have reviewed the service substitution request on its merits. The Division's reversal of SLD's decision and remanding for further consideration of the request was therefore appropriate. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, 1.113 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.113, 54.722(a), that the Request for Review filed by Mercer County Area Vocational - Technical School, Mercer, Pennsylvania, on June 1, 2000 is GRANTED for the reasons discussed herein, and REMANDED to the Schools and Libraries Division for further consideration consisted with this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G.
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- Matter of Sirius Satellite Radio, Inc. Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complementary Terrestrial Repeaters ) ) ) ) ) ) ) ) ) File No. SAT-STA-20010724-00064 ORDER Adopted: October 15, 2001 Released: October 15, 2001 By the Chief, International Bureau: 1. By this Order, we modify on our own motion, pursuant to Section 1.113 of the Commission's rules, our September 17, 2001 order granting Sirius Satellite Radio, Inc. (Sirius) special temporary authority (STA) to operate Satellite Digital Audio Radio Service (SDARS) complementary terrestrial repeaters in the 2332.5-2345 MHz frequency band. As set forth below, in the Sirius STA Order we required Sirius to coordinate operations with WCS licensees and provide certain information to the
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- the Matter of XM Radio, Inc. Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complementary Terrestrial Repeaters ) ) ) ) ) ) ) ) ) File No. SAT-STA-200110712-00063 ORDER Adopted: October 15, 2001 Released: October 15, 2001 By the Chief, International Bureau: 1. By this Order, we modify on our own motion, pursuant to Section 1.113 of the Commission's rules, our September 17, 2001 order granting XM Radio, Inc. (XM Radio) special temporary authority (STA) to operate Satellite Digital Audio Radio Service (SDARS) complementary terrestrial repeaters in the 2332.5-2345 MHz frequency band. We also dismiss as moot a Petition for Reconsideration and Emergency Motion for Stay filed by the Wireless Communications Association International, Inc. (WCA). As
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- on his own motion, rescinds the Order to Show Cause in this proceeding requesting a written statement from Clinch Valley Broadcasting Corp. and Virginia-Kentucky Broadcasting Co. why their licenses should not be modified to accommodate the counterproposal filed by Holston Valley Broadcasting Corporation. A revised Order to Show Cause in this proceeding will be issued. 2. Accordingly, pursuant to Section 1.113(a) of the Commission's Rules, IT IS ORDERED, That the Order to Show Cause in this proceeding, DA 01-2377, released October 12, 2001, IS HEREBY RESCINDED pending further action. 3. For further information concerning this proceeding, contact Sharon P. McDonald, (202) 418-2180. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau Federal Communications Commission
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- 1999). The Bureau stated that the unified policy would take effect for each wireless radio service either on July 1, 1999 or six months after conversion of the specific radio service to the ULS, whichever is later. Id. 47 C.F.R. § 1.934(d). In certain instances, applicants may request a refund of their original filing fees pursuant to 47 C.F.R. § 1.113. Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC Rcd 11182 (WTB 1999) (Revised Unified Dismissal Policy Public Notice). Revised Uniform Dismissal Policy Public Notice, 14 FCC Rcd at 11185. Id. at 11186. ULS Report and Order, 13 FCC Rcd at 21068 ¶ 90. PUBLIC NOTICE Federal
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- reconsideration within the thirty-day filing period for such petitions. CMMC also argues that the petition was actually a petition for reconsideration and should be treated as one. It further argues that Section 1.106 is a formal procedure that had to be met and would preclude an informal objection under 1.41 of the Commission's Rules. In addition, CMMC argues that Section 1.113(a) of the Commission's Rules prohibits the Bureau from considering any revocation or modification of the license it issued under delegated authority more than thirty days after the license is granted. We conclude that CMMC's arguments are without merit and must be rejected. In proposing to modify CMMC's license, we did not act pursuant to Section 1.113 of the Commission's Rules.
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- Request for Review with the Commission, the Bureau dismissed Pioneerland's Request for Review as untimely on November 22, 1999. Soon thereafter, Pioneerland contacted the Bureau and provided it with documentation that the Administrator's Decision on Appeal had, in fact, been issued on May 26, 1999. II. Discussion As discussed below, we find that the circumstances here warrant waiver of section 1.113 of the Commission's rules, which permits the Bureau, under delegated authority, to reconsider on its own motion its own decision within 30 days of public notice of the action. Waiver of the 30-day limit allows us to consider Pioneerland's Request for Review on the merits. In so considering Pioneerland's Request for Review, we conclude that its application should be remanded
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 02-1009 April 30, 2002 Via certified mail, return receipt requested Ms. Kim A. Christianson Manager, Regulatory Affairs Motient Communications Company 300 Knightsbridge Parkway Lincolnshire, IL 60069 Re: Final Bid Withdrawal Payment For Auction No. 34 Dear Ms. Christianson: Pursuant to Section 1.113(a) of the Commission's rules, the Auctions and Industry Analysis Division of the Wireless Telecommunications Bureau hereby sets aside the Letter Order released on April 26, 2002, without prejudice for future action, pending review of issues arising from the Motient Bankruptcy Proceeding. Accordingly, IT IS ORDERED that this letter shall be sent to the applicant and its representatives by certified mail,
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- Submit button. For additional information regarding this Public Notice, please contact Denise Coca, Legal Branch, Auctions Industry and Analysis Division, at (202) 418-0660, or Barbara Sibert, Auctions Operations Branch, Auctions Industry and Analysis Division, at (717) 338-2888. For technical matters regarding on-line access to FCC Form 175, contact FCC Technical Support at (202) 414-1250. - FCC - Pursuant to Section 1.113(a) of the Commission's rules, the Auctions and Industry Analysis Division of the Wireless Telecommunications Bureau hereby sets aside the May 15, 2002, denial of Paris Tower Inc.'s (``Paris'') waiver request, without prejudice for future action, pending review of supplemental information being provided by its affiliate Lancaster Communications, Inc. (``Lancaster'') with respect to a pending Petition for Reconsideration filed by Lancaster
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- applications. Nevertheless, all five of SDG&E's applications were granted in error. Cal Water did not file a petition to deny the application, a request to set aside the license grant, or a petition for reconsideration of the license grant. Although the SDG&E applications were granted in error, the period to set aside the grants ended on September 25, 2000. Section 1.113 of the Commission's Rules provides, ``Within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel or board the taking action may modify or set aside it aside on its own motion.'' The Commission has concluded that ``the erroneous grant of an application can be corrected sua sponte more than thirty
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- our rules. Additionally, Vitelco has revised its allocation of GSF investment in order to assign a portion to the billing and collection category, and has filed a revised tariff to reflect this modification. In light of this revision, we find no reason for further investigation of Vitelco's annual access tariff rates. ordering clauses Accordingly, pursuant to sections 0.91, 0.291 and 1.113 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and 1.113, WE RECONSIDER ON OUR OWN MOTION our decision in the Suspension Order, WCB/Pricing 02-12, DA 02-1555, to suspend and investigate the 2002 annual access tariff rates of ACS of Anchorage, Inc., the National Exchange Carrier Association, VALOR Telecommunications Enterprises, LLC, and Virgin Islands Telephone Corporation. IT IS ORDERED that,
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- as it denied the request to reallot Channel 236C to Sun City West. In support of its Application for Review, Desert West notes that subsequent to the Report and Order, we granted an application (File No. BPH-20000330ABJ) downgrading Station KTTI, Yuma, Arizona, to specify operation on Channel 236C2 and amended the FM Table of Allotments accordingly. Discussion 6. Under Section 1.113(a) of the Commission's Rules, we may modify or set aside on our own motion any action taken pursuant to delegated authority within 30 days of the public notice of such action. The filing of an application for review tolls the 30-day period. In view of the fact that the Class C allotment at Yuma is no longer an impediment to
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- basis of a complete record. We reject both arguments advanced by Chisholm Trail. The upgraded operation of Station KZAC removes the sole impediment in our proceeding to favorable action on the Ralph Tyler reallotment proposal. Ralph Tyler could immediately file a petition for rule making proposing the same reallotment to Tuttle. It is not necessary to do so. Under Section 1.113(a) of the Commission's Rules, we may modify or set aside on our own motion, any action taken pursuant to delegated authority within 30 days of the public notice of such action. The filing of an application for review tolls the 30-day period. We do not see any public interest benefit in expending administrative resources to institute a new proceeding looking
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- FCC Rcd at 101 ¶ 10. See supra note 1. See supra note 2. Shatzki submits that if its reconsideration request is granted, the protest (Opposition) is moot. Petition at 2. Id. Id. at 4. Id. at 3-4, 6. See 47 U.S.C. § 405(a). Petition at 4-5. Nor, according to Shatzki, can the Commission find authority in 47 C.F.R. § 1.113(a) that permits license set-asides within 30 days of a license grant. Shatzki contends that the agency would not have authority to take the instant action because the alleged erroneous action was not an inadvertent, ministerial error. Id. at 6-7. In support of this argument, Shatzki cites County of San Mateo, California, Order on Review and Reconsideration, 16 FCC Rcd 4291
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- and the Federal Communications Commission of the United States of America Concerning the Use of the Bands 928 to 929 and 952 to 953 MHz Along the United States-Canada border at 1 (1991) (Arrangement). Id. Id. at 2. See FCC File No. 0000206766 (filed Aug. 7, 2000). Id, Attachment at 1. Id. Id. Arrangement at 2. See 47 C.F.R. §§ 1.113(a), 1.117. 47 U.S.C. § 316(a)(1). Id. Absent such modification, we believe that we would have to pursue revocation procedures in order to effect compliance with the Arrangement's provisions. See 47 U.S.C. § 312(a); 47 C.F.R. § 1.91. 47 C.F.R. § 1.87(a). The address for FCC locations should be used only for documents filed by United States Postal Service first-class mail,
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- request of Charles Crawford to allot Channel 243A at Evant, Texas as the community's first local aural transmission service, as proposed in this proceeding, MM Docket No. 01-188. Because the proposed allotment is not in compliance with Sections 73.207(b) and 73.208(a)(3) of the Commission's Rules, we are, on our own motion, setting aside that allotment. 2. Accordingly, and under Section 1.113 of the Rules, the allotment of Channel 243A at Evant, Texas in the aforementioned Report and Order is HEREBY SET ASIDE. 3. For further information concerning this proceeding, contact Deborah Dupont, Media Bureau, (202)418-7072. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau Federal Communications Commission DA 03-629 Federal Communications Commission DA 03-1012 â â
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- or occur in the process of taking an action, such as a mathematical miscalculation, or a license that omits or misstates a frequency, or a document that omits an intended party or provision. The taking of an erroneous action, itself, is not generally a ministerial error that can be corrected after the 30-day period has elapsed under 47 C.F.R. § 1.113(a). San Mateo, 16 FCC Rcd at 16504 ¶ 10 (footnotes omitted). The license grant to ReadyMix can easily be characterized as ``[t]he taking of an erroneous action,'' rather than a ``clerical or administrative error[] that underlie[s] or occur[s] in the process of taking an action.'' 47 U.S.C. § 316. 47 U.S.C. § 316(a). Section 316(a) requires that we notify the
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- applicants file electronically. The on-line error checking and fee calculations greatly reduce the chance of returns. Attached hereto, as Attachment A, are instructions for manually renewing a PLMR license. See 47 C.F.R. § 1.949. under ``Getting Started''. See discussion of FRN below. In certain instances, applicants may request a refund of their original filing fees pursuant to 47 C.F.R. § 1.113. That is, the application will be treated as if it had been timely filed. The Commission will grant a waiver if (a) it is in the public interest and the underlying purpose of the rule would be frustrated or not served by application to the present case, or (b) in view of unique or unusual factual circumstances, application of the
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- 0000474894; see Petition at 8. See Petition at 8. See File No. 0000474894. Id. at Schedule H. See Application of John M. Yoger, File No. 0000483804 (granted Sept. 25, 2001, under call sign WPTF976). No petition for reconsideration was filed and the Branch did not set aside this action within thirty days of the grant. See 47 C.F.R. §§ 1.106, 1.113; see also Applications of San Mateo County, California, Memorandum Opinion and Order, 16 FCC Rcd 16501 (2001) (explaining the administrative finality and ministerial error doctrines, e.g., the staff may only set aside final actions that are the result of clerical or administrative errors). On the other hand, the error in granting the application for call sign WPTF976 provides no basis
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- is required to provide interference protection to stations such as LOS's, which were filed for on September 9, 1983. Section 21.902(a) of the Commission's Rules requires MDS licensees to use `exceptional efforts to avoid harmful interference to other users and to avoid blocking potential adjacent-channel use in the same city.''' See WLW992 Request at 2, 4-8. See 47 C.F.R. § 1.113; Steven S. Bosshard D/B/A Bosshard Radio Services, Memorandum Opinion and Order 14 FCC Rcd 20586 (1999). Supplement to Request to Compel Cessation of Service and Petition for Order to Show Cause filed by WEN and LOS (Mar. 21, 1994) (Supplement). See Supplement at 2-5. Section 21.43 of the Commission's Rules provides in relevant part that ``upon the completion of construction,
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- and reinstated his application for further processing. Seven months later, however, the Branch denied Bosshard's reconsideration petition and waiver request, and dismissed the associated application. The Commission held that because thirty days had passed between (a) the date when the Branch granted him a waiver and reinstated his application, and (b) the date when the Branch dismissed the application, Section 1.113(a) of the Commission's Rules had been violated. Section 1.113(a) provides that a person, panel or board action pursuant to delegated authority has thirty days to modify or set aside its decision on its own motion. Similarly, in the instant case, if we were to revisit the grant of the Station WBX257 Modification Application, we believe such action would be inconsistent
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- Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief,
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- Hermiston, ) Oregon, and Covington, Trout Lake, Shoreline, ) Bellingham, Forks, Hoquiam, Aberdeen, ) Walla Walla, Kent, College Place, Long Beach ) and Ilwaco, Washington) ) ORDER Adopted: June 4, 2004 Released: June 8, 2004 By the Assistant Chief, Audio Division, Media Bureau: 1. The Audio Division has before it the Report and Order in this proceeding. Pursuant to Section 1.113 of the Commission's rules, the Report and Order IS HEREBY SET ASIDE. 2. For further information concerning this proceeding, contact Robert Hayne, Media Bureau, (202) 418-2177. FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Assistant Chief, Audio Division Media Bureau DA 04-1540 (released May 28, 2004). Federal Communications Commission DA 04- Federal Communications Commission DA 04-1647 H o ý þ 7 @
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- investigate Blair's tariff. We hereby provide reasonable time for Blair to conduct new cost studies for the purpose of revising its annual access tariff filing to become effective no later than November 2, 2004. Accordingly, IT IS ORDERED that, pursuant to section 204(a) of the Communications Act of 1934, as amended, 47 U.S.C. § 204(a), and sections 0.91, 0.291, and 1.113 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.113, we reconsider on our own motion our decision in the Suspension Order to suspend and investigate the revised tariff rates of Virgin Islands Telephone Corporation (VITELCO), Concord, Chillicothe, TXU Communications, Fort Bend Telco/TXU, Horry, Coastal Utilities, Blair, ACS of Anchorage, Fort Mill, Lancaster, and Rock Hill. IT IS FURTHER ORDERED
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- the U.S.-South Africa and U.S.-Denmark routes. See Public Notice, International Authorizations Granted, DA 04-2552, at 3 (rel. Aug. 19, 2004) (Public Notice). By letter to the Applicant dated September 8, 2004 (see File No. ITC-MOD-20040712-00289), we set aside our grant, in part, to reinstate dominant carrier regulatory status for the Cingular companies on the U.S.-South Africa route pursuant to Section 1.113(a) of the Commission's rules, 47 C.F.R. § 1.113(a). As explained by the Applicant in a letter to the Commission dated September 3, 2004 (see File No. ITC-MOD-20040712-00289), Cingular Wireless learned of additional information, subsequent to our grant of the application, concerning the nature of parent company SBC Communications Inc.'s 15.1 percent indirect ownership interest and its ongoing minority shareholder rights
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- and is only a claim made by Commission personnel. Gerritsen contends that any ``set-aside'' does not prohibit him from using his amateur license to transmit on amateur bands. This is incorrect. Commission records show that Gerritsen was granted amateur radio station license KG6IRO on November 7, 2001, and that the grant of the license was set aside, pursuant to Section 1.113(a) of the Commission's Rules on November 14, 2001. Section 1.113(a) states that within 30 days of public notice of any action taken pursuant to delegated authority, ``the person, panel or board taking the action may modify or set it aside on its own motion.'' Gerritsen was notified of this action by letter dated November 21, 2001 which also informed Gerritsen
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- WCF's petitions for reconsideration of grants of earlier applications for extension of time to construct. In fact, on August 5, 2002, Evans County filed an application for a further extension of time to construct Station WLX698. That application remains pending. Therefore, it was error to cancel the construction permit for Station WLX698 and to dismiss WCF's petitions as moot. Section 1.113(a) of the Commission's Rules allows a person taking action pursuant to delegated authority to set aside that action within thirty days after public notice of that action is given. Since this letter is being released within thirty days after release of the Letter Ruling, it is timely. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of
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- ) ) ) ) ) MB Docket No. 04-124 RM-10936 RM-10937 RM-10938 RM-10939 MEMORANDUM OPINION AND ORDER (Proceeding Terminated) Adopted: June 23, 2005 Released: June 27, 2005 By the Chief, Audio Division, Media Bureau: The Audio Division, on its on motion, hereby sets aside its earlier decision set forth in the Report and Order in this proceeding pursuant to Section 1.113(a) of the Commission's rules. For the reasons discussed below, we are reserving vacant Channel 252C3 at Dallas, Oregon for noncommercial educational (``NCE'') use. Background. Northwest Community Radio Project, Dallas, Oregon Seventh-day Adventist Church, Radio Bilingue, Inc. and Lifetime Ministries, Inc. each filed a petition proposing the reservation of vacant Channel 252C3 at Dallas, Oregon for noncommercial educational (``NCE'') use. The
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- of the Enforcement Bureau. The above-captioned matter should have been closed with Mega Communications' payment of the $10,000 proposed forfeiture. Therefore, we cancel the $10,000 forfeiture issued to Mega Communications in the June 21, 2005 Forfeiture Order. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934 as amended, and Sections 0.11, 0.311, 1.80(f)(4) and 1.113 of the Commission's Rules, the forfeiture in the amount of ten thousand dollars ($10,000) issued to Mega Communications of St. Petersburg Licensee, L.L.C. in the June 21, 2005 Forfeiture Order IS CANCELED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mega Communications of St.
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- and Neely, PC 6900 Wisconsin Avenue Suite 704 Bethesda, MD 20815 In re: WKVE(FM), Semora, NC Facility ID No. 26296 Southern Entertainment Corporation Application for Renewal of License File No. BRH-20030801AJL Dear Counsel: On July 7, 2005, the staff released a letter regarding the captioned Application for Renewal of the License of Station WKVE(FM), Semora, North Carolina. Pursuant to Section 1.113(a) of the Commission's rules, the Chief, Audio Division, Media Bureau, on his own motion, sets aside the July 7 Staff Action. This document supercedes that decision. We have before us an Application for Renewal of the License of WKVE(FM) (``Application'') filed by Southern Entertainment Corporation (``Southern'') on August 1, 2003. Also before us is a November 23, 2003, Petition to
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- Commission's environmental regulations (47 C.F.R. §§ 1.1301-1319). See Letter from Nancy Herter to Craig Fox (July 25, 2005) (submitted as Exhibit 2 to Cram's Tolling Notification). Cram contends that the Nation had been notified of the project on two previous occasions, but also indicates that no consultation has yet been completed. See Tolling Notification at 1. See 47 C.F.R. § 1.113. See 47 C.F.R. § 73.3598(b)(ii). Cram must continue to request extensions of the tolling treatment at six-month intervals during the litigation, as it was notified when it originally received tolling treatment. See, e.g., Streamlining of Mass Media Applications, Rules, and Processes, 14 FCC Rcd 17525, 17539 (1999). Cram should provide a copy of any written communication with the Nation to
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- D.C. 20554 TTY: 1-888-835-5322 DA 05-2933 Released: November 4, 2005 WIRELESS TELECOMMUNICATIONS BUREAU MODIFIES PUBLIC NOTICE ANNOUNCING CONDITIONAL GRANT OF BROADBAND RADIO SERVICE LICENSE On October 7, 2005, the Wireless Telecommunications Bureau (Bureau) issued a Public Notice announcing the conditional grant of a Basic Trading Area license in the Broadband Radio Service (BRS) to Communication Ventures, Inc. Pursuant to Section 1.113(a) of the Commission's Rules, the Bureau, on its own motion, hereby sets aside the text of the original Grant Public Notice and modifies it to read as follows: WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES CONDITIONAL GRANT OF BROADBAND RADIO SERVICE LICENSE (FORMERLY MULTIPOINT DISTRIBUTION SERVICE) Pursuant to Section 309(a) of the Communications Act, 47 U.S.C. § 309(a), and Section 0.331 of the
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- 12th Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. § 333. The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. § 1.113(a). See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications
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- Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 47 U.S.C. §§ 321(b), 333. The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. § 1.113(a). See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications
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- Bureau 19 FCC Rcd 13341 (2004). 47 U.S.C. § 307(b) (``Section 307(b)''). On November 4, 2005, the Media Bureau (``Bureau'') released an Order on Reconsideration dismissing the Petition. Green Valley Broadcasters, Inc., Nelson Multimedia, Inc. and Kemp Communications, Inc., DA 05-2922 (MB rel. Nov. 4, 2005). On December 5, 2005, the Bureau set aside the dismissal per 47 C.F.R. § 1.113(a). Public Notice, ``Broadcast Actions,'' Report No. 26126 (MB rel. Dec. 7, 2005). See Public Notice, ``AM Auction Filing Window and Application Freeze,'' 14 FCC Rcd 19490 (MMB/WTB 1999). File No. BNP-20000201ADK. File No. BNP-20000201AGY (Nelson); File No. BNP-20000201AFX (Kemp). See Letter to Green Valley Broadcasters, Inc., Kemp Communications, Inc., and Nelson Multimedia, Inc., Ref. No. 1800B3-TSN (MB June 26, 2002).
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- complied with.'' We also agree with DART that although Section 405 of the Act, as amended, requires that petitions for reconsideration be filed within thirty days after public notice of the action is given, Commission action under Section 316 is not subject to the limitations on revocation, modification or reconsideration imposed by Section 405 and implemented by Sections 1.106 and 1.113 of the Commission's Rules. Therefore, DART is not precluded from seeking relief pursuant to Section 316. In our consideration of Section 316 relief, we note that the charge first given to the Commission by Congress was to promote ``the safety of life and property through the use of . . . radio communication.'' Consistent with this charge, Commission policy regarding
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- the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family Association, P.O. Drawer 2440,
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- Division's staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K Street, N.W., Washington,
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- In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Hemet, California) ) ) ) ) ) ) ORDER Adopted: September 1, 2006 Released: September 6, 2006 By the Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, hereby sets aside its Memorandum Opinion and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules. We reinstate the petitions for reconsideration of Southern California Public Radio and Maranatha Ministries of Hemet (collectively ``Petitioners''), and permit each of the petitioners to supplement its reconsideration petition with a detailed showing under Woodstock and Broadway, as set forth in more detail below. 2. Background. The Petitioners separately filed petitions requesting the reservation of vacant
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- 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 for review. Need: These rules describe how fees may be waived or deferred for good cause, or if would promote the public interest. Legal Basis: 47 U.S.C. 158(d)(1). Section Number and Title: 1.1117(f) Petitions and applications for review. Brief Description: Schedule of annual regulatory fees and filing locations. Need: These
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- File No. BL-20050407KYL, filed April 7, 2005. Mr. Alpert filed an informal complaint on July 28, 2004, two days after the license renewal was granted, asking the Enforcement Bureau to investigate the Licensee's actions during the prosecution of its license renewal application. The staff rescinded the grant of the renewal license on August 5, 2004, pursuant to 47 C.F.R § 1.113. See Broadcast Applications, Public Notice, Report No. 25796 (MB Aug. 5, 2004). We will consider Mr. Alpert's informal complaint as an informal objection to the captioned license renewal application. See 47 U.S.C. § 312(g) (failure of a broadcast station to transmit a broadcast signal for any consecutive 12 month period generally results in expiration of the station's license at the
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- is associated with a particular license may file applications relating to that license in the Commission's Universal Licensing System. FCC File Nos. 0002044953, 0002044980 (Feb. 11, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). See 47 C.F.R. § 1.113(a). FCC File No. 0002074626 (Mar. 10, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). FCC File No. 0002112456 (Apr. 4, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from
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- is associated with a particular license may file applications relating to that license in the Commission's Universal Licensing System. FCC File Nos. 0002044953, 0002044980 (Feb. 11, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). See 47 C.F.R. § 1.113(a). FCC File No. 0002074626 (Mar. 10, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). FCC File No. 0002112456 (Apr. 4, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from
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- application is returned to pending status. In addition, the forfeiture proposed against the Licensee in the MO&O/NAL is also set aside, without prejudice to the issuance in the future of a notice of apparent liability to the Licensee proposing a forfeiture for the conduct discussed in the MO&O/NAL. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.61, 0.283 and 1.113 of the Commission's Rules, the Memorandum Opinion and Order and Notice of Apparent Liability issued to Big Sky Owners Association, Inc. on February 16, 2007, IS SET ASIDE. 3. IT IS FURTHER ORDERED that the application of Big Sky Owners Association, Inc. for renewal of its license for FM translator Station K257AE, West Fork, Montana (File No. BRFT-20051216AAO) is returned
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- Gardena, California Gentlemen: By letter dated March 7, 2007, the Media Bureau denied the October 4, 2005, complaint of James Shelton against Time Warner Cable (``Time Warner'') alleging violations of the Commission's Equal Employment Opportunity (``EEO'') rules applicable to multi-channel video programming distributors (``MVPDs''). Pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.113 of the Commission's Rules (the ``Rules''), on our own motion, we hereby modify that Letter to the extent discussed below and admonish Time Warner for its violation of Section 76.1702(a) of the Rules. In his complaint, Mr. Shelton alleged, among other things, that Time Warner did not maintain its EEO files for public inspection at its Torrance and Garden Grove,
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- 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 (1994), recon.
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- directed to the staff letters dated March 18, 2004, returning their Petitions for Rule Making that requested the reservation of vacant FM Channel 273A at Hemet, California for noncommercial educational (``NCE'') use. Southern California submitted a supplement to its Petition for Reconsideration in response to the Order. No additional comments were received in this proceeding. 2. Background. Pursuant to Section 1.113(a) of the Commission's Rules, the Order set aside a staff decision that denied the Petitions for Reconsideration to reserve vacant Channel 273A at Hemet for NCE use, thereby reinstating the Petitions for Reconsideration. The Order also requested that the Petitioners file an NCE reservation showing prepared in accordance with Section 73.313 of the Commission's Rules (the ``Rules''). To this end,
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- the BRS/EBS R&O. On December 4, 2006, the licenses for the Stations were amended to note that ``[b]ecause these stations were originally licensed as studio-to-transmitter links on a secondary basis, the station does not have a geographic service area.'' FAU argues that the staff's action of July 9, 2005 constituted a ``final action'' and cannot be set aside under Section 1.113(a) of the rules because the period for the staff to take action on its own motion has passed. In the alternative, if it is decided that the July 9, 2005 conversion can be revisited, FAU seeks a waiver of the ruling in the Two-Way Second Reconsideration Order that STLs licensed on a secondary basis were not entitled to a PSA
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- terminate its current broadcast operations by July 27, 2007. We have also received a letter, dated today, from WCIU stating that it intends to file an opposition to the Stay Request. We believe the public interest would be served by allowing the parties to fully brief the Stay Request before requiring the termination of station operations. Accordingly, pursuant to Section 1.113(a) of the Commission's rules, the Video Division HEREBY MODIFIES its July 20, 2007 letter decision and directs Cohen to cease operations on channel 46 no later than September 27, 2007, and to remove the channel 46 antenna and transmission lines from the AON tower within 15 business days from the date of the termination of operations. Sincerely, James J. Brown
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- cease operating no later than September 27, 2007, concluding that the public interest would be served by allowing the parties to fully brief the stay request before requiring the termination of station operations. The stay request has now been fully briefed by Cohen and WCIU-TV Limited Partnership, the licensee of WCIU-TV, Chicago, and is under consideration. Accordingly, pursuant to Section 1.113(a) of the Commission's rules, the Video Division HEREBY MODIFIES its July 20 and 26, 2007 letter actions to direct Cohen to cease operations on channel 46 no later than November 27, 2007, and to remove the channel 46 antenna and transmission lines from the AON tower within 15 business days from the date of the termination of operations. Sincerely, James
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- cease operating no later than September 27, 2007, concluding that the public interest would be served by allowing the parties to fully brief the stay request before requiring the termination of station operations. The stay request has now been fully briefed by Cohen and WCIU-TV Limited Partnership, the licensee of WCIU-TV, Chicago, and is under consideration. Accordingly, pursuant to Section 1.113(a) of the Commission's rules, the Video Division HEREBY MODIFIES its July 20 and 26, 2007 letter actions to direct Cohen to cease operations on channel 26 no later than February 27, 2008, and to remove the channel 46 antenna and transmission lines from the AON tower within 15 business days from the date of the termination of operations. Sincerely, James
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- On June 4, 2008, the staff released a letter decision regarding the captioned Petition for Reconsideration filed by WIOO Radio, Inc., (the ``Licensee''). At the time of this action, the staff was unaware that Radio One Licenses, LLC (``Radio One'') had filed on May 29, 2008, a Supplement to Opposition to Petition for Reconsideration (the ``Supplement''). Accordingly, pursuant to Section 1.113(a) of the Commission's Rules (the ``Rules''), the Chief, Audio Division, Media Bureau, on his own motion, SETS ASIDE the Reconsideration Decision to permit consideration of the Supplement. We have before us an April 20, 2007, Petition for Reconsideration (``Petition'') filed by Licensee, seeking reconsideration of the staff's March 19, 2007, action dismissing the referenced application (the ``Application'') for the modification
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- Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15983 ¶ 161; Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules, Public Notice, 11 FCC Rcd 10853 (WTB 1996). See generally 47 C.F.R. §§ 1.2104 (g)(2), 1.2109(a). By letters dated July 9, 2008, the erroneous grants of these two construction permits were rescinded pursuant to 47 C.F.R. § 1.113. See Letters to Word of God Fellowship, Inc. from Clay C. Pendarvis, Associate Division Chief, Video Division, Media Bureau (File Nos. BNPCT-20060424ABV and BNPCT-20060424ADL), dated July 9, 2008. See Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, Report and Order, 23 FCC Rcd 2994, 3002 ¶ 9 (2007)(delegation of
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- that FPC's Ashbacker rights attached when it submitted its application and pleading on paper after CDBS failed to accept its timely, electronically-filed application. Finally, FPC restates its view that rescinding HFO's construction permit and restoring the status quo is in the public interest. Discussion. Initially, we note that neither the Communications Act of 1934, as amended (the ``Act''), nor Section 1.113(a) of the Rules create a right for third parties to file petitions to rescind an authorization. Rather, such filings are treated as petitions for reconsideration when timely filed. When treated as a petition for reconsideration, however, FPC's pleading is untimely. Section 405 of the Act and Section 1.106(f) of the Rules mandate that petitions for reconsideration must be filed no
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- FM Broadcast Stations. Buffalo, Iola, Normangee, and Madisonville, Texas ) ) ) ) ) ) ) MB Docket No. 07-279 RM-11411 RM-11422 RM-11423 order Adopted: October 24, 2008 Released: October 27, 2008 By the Assistant Chief, Audio Division, Media Bureau: The Audio Division, on its own motion, hereby sets aside the Report and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules and provides interested parties with the opportunity to file competing expressions of interest in FM Channel 299C3, Madisonville, Texas, in compliance with Section 1.420(g) of the Commission's Rules. The R&O granted a counterproposal (RM-11423) to allot FM Channel 267A at Normangee, Texas. To accommodate this new allotment, the R&O substituted Channel 299C3 for Channel 267A as
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- Ehrenberg and First Mesa, Arizona) ) ) ) ) ) ) ) MB Docket No. 08-85 RM-11427 order Adopted: December 8, 2008 Released: December 9, 2008 By the Assistant Chief, Audio Division, Media Bureau: The Audio Division, on its own motion, hereby sets aside the Notice of Proposed Rule Making and Order to Show Cause, DA 08-2619, pursuant to Section 1.113(a) of the Commission's Rules. The Commission has already released a Notice of Proposed Rule Making and Order to Show Cause in this proceeding. ACCORDINGLY, IT IS ORDERED, That the Notice of Proposed Rule Making and Order to Show Cause, DA 08-2619, IS SET ASIDE pursuant to Section 1.113(a) of the Commission's Rules. For further information concerning this proceeding, contact Rolanda
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- September 27, 2007 and then February 27, 2008, concluding that the public interest would be served by allowing the parties to fully brief the stay request before requiring the termination of station operations. The stay request has now been fully briefed by Cohen and WCIU-TV Limited Partnership, the licensee of WCIU-TV, Chicago, and remains under consideration. Accordingly, pursuant to Section 1.113(a) of the Commission's rules, the Video Division HEREBY MODIFIES its July 20 and 26, 2007 and November 21, 2007, letter actions to direct Cohen to cease operations on channel 26 no later than May 30, 2008, and to remove the channel 46 antenna and transmission lines from the AON tower within 15 business days from the date of the termination
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- 102.825° W.L. ) SAT-AMD-20080114-00014 ) Call Sign: S2712 ) Spectrum Five LLC ) SAT-LOI-20081119-00217 Petition for Declaratory Ruling ) Call Sign: S2778 ORDER Adopted: February 9, 2009 Released: February 9, 2009 By the Acting Chief, International Bureau: The International Bureau, on its own motion, hereby sets aside a Declaratory Ruling released on January 16, 2009, DA 09-87, pursuant to Section 1.113(a) of the Commission's Rules. This will give the Bureau a better opportunity to compile a more detailed record in this proceeding in order to ensure that we have considered this matter fully. 2. Accordingly, IT IS ORDERED, that the Declaratory Ruling DA 09-87, IS SET ASIDE, pursuant to Section 1.113(a) of the Commission's Rules. 3. Accordingly, IT IS ORDERED, that
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- distinct and separate for purposes of petitions to deny, petitions for reconsideration, review on the Commission's own motion, and appeals. The timing of any action disposing of a petition or appeal affecting a particular group will not delay the finality of our decision with respect to any other group. III. ORDERING CLAUSES Accordingly, IT IS ORDERED, That, pursuant to Section 1.113(a) of the Commission's Rules, the portions of the Memorandum Opinion and Order, DA 09-2172, addressing MX Group 530 and MX Group 537 ARE SET ASIDE and MODIFIED as set forth in Paragraphs 3-7 and Paragraphs 8-10 above. IT IS FURTHER ORDERED, That each decision involving a mutually exclusive group in this Memorandum Opinion and Order shall be deemed a distinct
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- expand its request for information relative to these investigations. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to each counsel
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- Calvary Chapel of Costa Mesa, Inc. FM Radio Station KWVE San Clemente, California ) ) ) ) ) ) File No. EB-09-SE-137 NAL/Acct. No. 200932100077 FRN No. 0006377303 ORDER Adopted: November 13, 2009 Released: November 13, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: In this Order, we reconsider on our own motion and set aside pursuant to Section 1.113 of the Commission's Rules (``Rules'') the Notice of Apparent Liability for Forfeiture (``NAL'') issued to Calvary Chapel of Costa Mesa, Inc. (``Calvary Chapel''), licensee of FM radio station KWVE, in the above-captioned proceeding on September 17, 2009. The NAL was issued to Calvary Chapel for transmitting an unauthorized Required Monthly Test (``RMT'') of the Emergency Alert System (``EAS'') in a
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- in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in the above captioned proceedings.
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- 23, 2009, the staff released a letter regarding the captioned application (``Application'') filed by Brycc House, Inc. (``Brycc''), permittee of Station WXBH-LP, Louisville, Kentucky (``Station''), to modify the Station's construction permit to reflect the terms of a timesharing agreement between Brycc and Fern Creek Traditional High School Alumni Association (``Fern Creek''), licensee of Station WFHS-LP, Louisville, Kentucky. Pursuant to Section 1.113(a) of the Commission's rules (``Rules''), the Chief, Audio Division, Media Bureau, on his own motion, sets aside the November 23, 2009, Staff Action. This document supersedes that decision. We have before us a pleading, styled as a ``Petition to Deny'' (``Petition''), filed on March 22, 2007, on behalf of Fern Creek. The Petition asks that we deny the Application and
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- $50.82 1.552 Pre-wired residence 33 $34.27 1.551 33 $30.66 1.572 Service reconnection 33 $29.03 0.811 33 $25.66 0.798 CableCARD, existing customer 33 $31.27 2.877 33 $27.48 2.990 CableCARD, new customer 33 $35.97 2.395 33 $31.63 2.629 Low penetration test subgroup Unwired residence 68 $47.10 1.248 68 $46.23 1.289 Pre-wired residence 68 $33.83 1.440 68 $33.03 1.427 Service reconnection 68 $30.82 1.113 68 $28.56 1.247 CableCARD, existing customer 63 $15.40 1.644 63 $15.65 1.644 CableCARD, new customer 63 $16.82 1.893 62 $16.30 1.776 Source: 2007/2008 survey. Attachment 13 Average Operating Capacity Sample Group Capacity of Cable System (in MHz) Percentage of Subscribers by Capacity of Cable System Serving Their Community, January 1, 2006 2005 January 1, 2006 More than 750 MHz 750
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- 2500-2690 MHz Bands, Report and Order and Further Notice of Proposed Rulemaking, WT Docket Nos. 03-66, et al., 19 FCC Rcd 14165 (2004) (BRS/EBS R&O). See BRS/EBS R&O, 19 FCC Rcd at 14191 ¶ 58. See Dismissal Letter, Ref. No. 3043501 (Sep. 20, 2004). This letter was mailed to Lazy Eight. See 47 U.S.C. § 405; 47 C.F.R. §§ 1.106(f), 1.113(a) and 1.117. On April 24, 2009, in accordance with Section 309(j)(3) of the Communications Act of 1934, as amended, the Bureau released a public notice announcing an auction of BRS licenses within the Commission's inventory and seeking comment on competitive bidding procedures to be used in Auction 86. See ``Auction of Broadband Radio Service (BRS) Licenses Scheduled for October 27,
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- following the instructions in Attachment A. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§154(i), 309, Lazy Eight, Inc. may seek a refund of any amounts on deposit with the Commission in connection with Auction 6. 6See 47 U.S.C. § 405; 47 C.F.R. §§ 1.106(f), 1.113(a) and 1.117. On April 24, 2009, in accordance with Section 309(j)(3) of the Communications Act of 1934, as amended, the Bureau released a public notice announcing an auction of BRS licenses within the Commission's inventory and seeking comment on competitive bidding procedures to be used in Auction 86. See "Auction of Broadband Radio Service (BRS) Licenses Scheduled for October 27,
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- filing and disposition of interlocutory pleadings in hearing proceedings are set forth in §§ 1.291 through 1.298 of this chapter. Procedures pertaining to appeals from rulings of the presiding officer are set forth in §§ 1.301 and 1.302. Procedures pertaining to reconsideration and review of actions taken pursuant to delegated authority are set forth in §§ 1.101, 1.102, 1.104, 1.106, 1.113, 1.115, and 1.117. Procedures pertaining to exceptions to initial decisions are set forth in §§ 1.276 through 1.279. * * * * * Amend § 0.211 by revising paragraph (e) to read as follows: § 0.211 Chairman. * * * * * (e) Authority to act as ``Head of the Agency'' or ``Agency Head'' for administrative determinations required by the
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- 8bit DA 96-1752 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Streamlining the International ) IB Docket No. 95-118 Section 214 Authorization Process ) and Tariff Requirements ~ ) Exclusion List ) ORDER ON RECONSIDERATION Adopted: October 22, 1996 Released: October 24, 1996 By the Chief, Telecommunications Division: I. INTRODUCTION 1. Pursuant to Section 1.113 of the Commission's rules,1 we hereby modify the Order adopting the exclusion list identifying restrictions on providing service using particular facilities or to particular countries for those carriers receiving a global international Section 214 authorization. Specifically, we omit the CANUS-1 Cable System (CANUS-1) from the exclusion list. The modified exclusion list is attached to this order as Appendix A. H.
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- Federal Communications Commission DA 97-1216 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of NetSat 28 Company, L.L.C. Application for Authority to Construct, Launch, and Operate a Geostationary Ka- Band Fixed-Service Communications Satellite File No. 194-SAT-P/LA-95 ORDER ON RECONSIDERATION Adopted: June 9, 1997 Released: June 10 1997 By the Chief, International Bureau: Introduction 1. Pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. § 1.113, we modify, on our own motion, the Order and Authorization granted to NetSat 28 Company, L.L.C. ("NetSat 28") on May 9, 1997, to construct, launch, and operate a satellite system in the Ka-band (see DA 97-976;. After we issued NetSat 28's authorization, it came to our attention that David A. Bayer, the
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- Federal Communications Commission DA 98-789 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, B.C. 20554 In the Matter of NetSat 28 Company, L.L.C. Application for Authority to Construct, Launch, and Operate a Geostationary Ka- Band Fixed-Service Communications Satellite File No. 194-SAT-P/LA-95 ORDER Adopted: April 23, 1998 By the Chief, International Bureau: Released: April 24, 1998 1. In June 1997, pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. 1.113, the International Bureau ("Bureau") modified, on its own motion, the Order and Authorization granted to NetSat 28 Company, L.L.C. ("NetSat 28") to construct, launch, and operate a satellite system in the Ka-band.1 Specifically, the Bureau conditioned NetSat 28's authorization on the outcome of the proceeding initiated in MobileMedia Corporation, et al. concerning alleged
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- Renewal/Modification Notification Withdrawal of Application Action Key: D Dismissed G Granted W T Withdrawn Terminated R Returned Page 25 26 CORRECTION(S) 0000056180 SkyTel Communications, Inc. (WPQN546) appeared as granted on Public Notice Report Number 565, dated June 21, 2000, for frequencies 454.675 MHz and 454.775 MHz at Milipitas, California. The application was granted in error. Accordingly, pursuant to Section 1.113 of the Commission's Rules, the application is returned to pending status. 0000069653 SkyTel Communications, Inc. (WPQN539) appeared as granted on Public Notice Report Number 565, dated June 21, 2000, for frequencies 454.675 MHz and 454.950 MHz at Santa Ynez, California. The application was granted in error. Accordingly, pursuant to Section 1.113 of the Commission's Rules, the application is returned
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- Key: W Withdrawn Granted G D Dismissed T R Terminated Returned K Killed P Returned to pending Page 23 24 CORRECTIONS Application file number 0000280369, Pappas Telecasting of Central Nebraska a California Limited Partnership, was dismissed in error. The dismissal appeared on Public Notice No #721 dated 12-12-00. The application was returned to pending status. 25 INFORMATIVE: Pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. § 1.113, the following Phase 2 Cellular Radio application, which was granted on November 27, 2000 (See Public Notice Report 715, released December 6, 2000) has been set aside. As a result of this action, the status of the application has been returned to pending for futher consideration. File No. Call Sign Applicant 0000234306
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- HOLDINGS 1 INC 0000321128 G RO 01/12/2001WNFM385 NEXTEL LICENSE HOLDINGS 1 INC 0000322428 G RO 01/13/2001WNQY262 NEW YORK COMMUNICATIONS CO 0000322485 G RO 01/13/2001WNHR751 COMMUNICATIONS LEASING CORPORATION 0000322492 G RO 01/13/2001KNHJ383 COMMUNICATIONS LEASING CORPORATION 0000298995 W WD 01/10/2001WPBQ391 NEXTEL LICENSE HOLDINGS 4 INC DBA NEXTEL COMMUNICATIONS 0000308580 W WD 01/10/2001WNVR744 KACOMM INC Page 29 Page 30 INFORMATIVE: Pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. § 1.113, the following Phase 2 Cellular Radio application, which was granted on January 2, 2001 (See Public Notice Report 745, released January 10, 2001) has been set aside. As a result of this action, the status of the application has been returned to pending for further consideration. File No. Call Sign Applicant 0000262666
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- MDModification RM NE RO WD New Renewal Only Renewal/Modification Notification Withdrawal of Application Action Key: W Withdrawn Granted G D Dismissed T R Terminated Returned K Killed P Returned to pending Page 17 18 INFORMATIVE: Application file number 0000386747 N.E. Colorado Cellular Inc. was erroneously granted on Public Notice, Report Number 858, released May 16, 2001. Pursuant to Section 1.113(a) of the Commission's rules the grant is set aside and the application is returned to pending status. Application file number 0000386833 N.E. Colorado Cellular Inc. was erroneously granted on Public Notice, Report Number 858, released May 16, 2001. Pursuant to Section 1.113(a) of the Commission's rules the grant is set aside and the application is returned to pending status.
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- Jack Gerritsen, June 6, 2000. See Municipal Court of Long Beach Judicial District, County of Los Angeles, State of California, Case No. 0SE01792: People vs. Jack Gerritsen, June 6, 2001. See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. § 1.113(a). Enforcement Bureau Letter. Enforcement Bureau Letter. December 28, 2001, letter from Catherine Deaton, Acting District
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- 8/12/02 staff letter denied by letter 12/4/2002. Great Lakes' application BPED-19981224MB DISMISSED by letter 12/4/2002. Application BPED-19980713MD for Spring Arbor University GRANTED 12/4/2002 "Appeal of Determination" filed 1/2/03 by Great Lakes Community Broadcasting, Inc. Supplement to Application filed 1/21/03 by Great Lakes Response to Appeal of Determination filed 1/28/03 by ("Spring Arbor") Action dismissing Application No. BPED-19981224MB rescinded per Section 1.113 per letter on 3-31-04. Application reinstated to pending status, "Appeal of Determination" dismissed as moot. Granted 12/13/2004 GREAT LAKES COMMUNITY BROADCASTING, INC. 981224MB 92547 BPED-19981224MB MI Page 34 of 39 Broadcast Actions 12/16/2004 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.45883
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- ½ Palm Avenue, Bell, CA, 90201. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles District Office Western Region Enforcement Bureau 47 U.S.C. §§ 321(b), 333. 47 U.S.C. § 503(b). See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. § 1.113(a). Enforcement Bureau Letter. During the emergency communications, the Officer identified himself as ``W1HIJ'' and ``U.S.
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- PETITION FOR RECONSIDERATION AND REQUEST FOR REINSTATEMENT NUNC PRO TUNC FILED 10/1/03 Engineering Amendment filed 02/10/2004 Petition for Reconsideration Denied 3/3/2004 Petition for Reconsideration filed 4/1/04 Engineering Amendment filed 06/14/2004 Petition for Reconsideration Denied 6/2/2005 The denial of the April 1, 2004, petition for reconsideration, released July 20, 2005 by letter (DA 05-2022), is set aside pursuant to 47 CFR 1.113(a). The earlier denial of that petition for reconsideration, issued June 2, 2005, remains in effect. See Public Notice, Broadcast Applications, Report No. 26000 (rel. June 7, 2005). Page 9 of 22 Broadcast Applications 7/26/2005 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
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- ("Green Valley") Reply to Opposition to Petition for Reconsideration filed 9/20/04 by ("Green Valley") NOTIFICATION OF RECENT AUTHORITY FILED 3/14/05 BY (GREEN VALLEY) Notification of Additional Recent Authority filed 7/22/05 Order on Reconsideration, DA 05-2922, by the Chief, Audio Division, Media Bureau, released November 4, 2005. Order on Reconsideration, DA 05-2922, is set aside on December 5, 2005, per Section 1.113(a) of the Commission's rules. Page 12 of 48 Broadcast Applications 12/7/2005 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.26126 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O
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- ("Green Valley") Reply to Opposition to Petition for Reconsideration filed 9/20/04 by ("Green Valley") NOTIFICATION OF RECENT AUTHORITY FILED 3/14/05 BY (GREEN VALLEY) Notification of Additional Recent Authority filed 7/22/05 Order on Reconsideration, DA 05-2922, by the Chief, Audio Division, Media Bureau, released November 4, 2005. Order on Reconsideration, DA 05-2922, is set aside on December 5, 2005, per Section 1.113(a) of the Commission's rules. Petition for Reinstatement of Commission Decision filed 12/23/05 by ("Kemp") Page 9 of 13 Broadcast Applications 1/6/2006 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.26146 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F
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- License From: STOP 26 RIVERBEND LICENSES, LLC To: STOP 26 RIVERBEND LICENSES, LLC, DEBTOR-IN-POSSESSION Form 316 FM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE APPLICATION GRANT RESCINDED KHMB 34020 KENNETH WAYNE DIEBEL AR HAMBURG , AR BALH-20051115AAP 99.5 MHZ E Voluntary Assignment of License From: KENNETH WAYNE DIEBEL To: R&M BROADCASTING Form 314 Grant set aside pursuant to 47 C.F.R. Section 1.113(a). Page 2 of 11 Broadcast Applications 1/11/2006 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.26149 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P
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- ½ Palm Avenue, Bell, CA, 90201. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles District Office Western Region Enforcement Bureau 47 U.S.C. §§ 321(b), 333. 47 U.S.C. § 503(b). See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. § 1.113(a). Enforcement Bureau Letter. During the emergency communications, the Officer identified himself as ``W1HIJ'' and ``U.S.
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- E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR RENEWAL APPLICATION GRANT RESCINDED KNUQ 15969 VISIONARY RELATED ENTERTAINMENT, LLC HI PAAUILO , HI BRH-20051003CFD 103.7 MHZ E Renewal of License. Amendment filed 10/07/2005. Informal Objection filed 1/26/06 by Martha Vockrodt-Moran Grant of renewal set aside pursuant to Section 1.113, application returned to pending status by letter ref. 1800B3 on 2/17/06. FM STATION APPLICATIONS FOR RENEWAL INFORMAL OBJECTION WCRB 10542 CHARLES RIVER BROADCASTING WCRB LICENSE CORP. MA WALTHAM , MA BRH-20051128ADO 102.5 MHZ E Renewal of License. Informal Objection filed 2/3/06 by Norma and Robert Vessot FM TRANSLATOR APPLICATIONS FOR RENEWAL APPLICATION GRANT RESCINDED K277AX 148150VISIONARY RELATED ENTERTAINMENT, INC HI
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- or Lead Call Sign: WLX549 Radio Service Code(s): ED TL 0002537836 Licensee: Pacific Gas and Electric Company 04/06/2006 G Lessee: Nextel of California, Inc. De Facto Transfer Lease Call Sign or Lead Call Sign: WNQC751 Radio Service Code(s): YO Page 15 Erratum Pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), effective April 7, 2006, the consent to Assignment of Authorization application 0002388086 IS SET ASIDE and the application IS RETURNED to a pending status. The consent to this application to obtain Commission permission to assign spectrum associated with Education Broadband Service license WHR525 from Network for Instructional TV, Inc. to Nextel Spectrum
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- "Dismissed." See Wireless Telecommunications Bureau Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications Action, Report No. 2477 (rel. Apr. 19, 2006). These applications have been returned to "Consented" status. Pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), the consummation action, which appeared on the March, 15, 2006 Action Public Notice, to Assignment of Authorization application 0002408556 IS SET ASIDE and the application IS RETURNED to "Consented" status. See Wireless Telecommunications Bureau Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum
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- error. See Wireless Telecommunications Bureau Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications Action, Report No. 2493 (rel. May 03, 2006). This application has been returned to "Consented" status. Pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), effective June 14, 2006, the dismissal of Assignment of Authorization (AA) application 20000728AAE IS SET ASIDE and the application IS RETURNED to "Consented" status. This application was filed to obtain Commission permission to assign in their entirety; Broadband Radio Service (BR) Basic Trading Area (BTA) authorizations B117, B203, and B328 from Communications
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- a previous version of that application still pending in ULS. You are encouraged to utilize P * If the purpose of application is Amendment or Withdrawal and the disposition action indicates that a Dismissal occurred, ULS Application Search to research the disposition status of all versions of a particular filing. W Q Withdrawn Accepted Page 3 Informative: Pursuant to Section 1.113(a) of the Commission's Rules, application File Numbers 0002683481 and 0002683480, granted on Public Notice Report Number 2636 dated September 6, 2006 are returned to pending status. Page 4
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- application is Amendment or Withdrawal and the disposition action indicates that a Dismissal occurred, ULS Application Search to research the disposition status of all versions of a particular filing. W Q Withdrawn Accepted Page 3 Informative: Application File No. 0002749503 granted on Public Notice, Report Number 2709 dated November 8, 2006 has been returned to pending status pursuant to Section 1.113(a) of the Commission's Rules. Page 4
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- as granted on Public Notice. See Wireless Telecommunications Bureau Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications, Designated Entity Reportable Eligibility Event Applications, and Designated Entity Annual Reports Action, Report No. 2714 (rel. Nov. 08, 2006). This application has been returned to pending status pursuant to section 1.113(a) of the Commission's Rules. Page 71 Purpose Key: AA Assignment of Authorization LM Modification of a Lease/Sublease/Private Commons Arrangement AM Amendment LN New Lease/Sublease/Private Commons Arrangement AR DE Annual Report LT Transfer of Control of a Lessee/Sublessee LC Cancel of a Lease/Sublease/Private Commons RE DE Reportable Event Arrangement TC Transfer of Control LE Extend the Term of a Lease/Sublease/Private Commons
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- FM APPLICATIONS FOR LICENSE TO COVER GRANTED , RUTLAND 95.7 MHZ E VT License to cover. GREEN MOUNTAIN ADVENTIST MEDIA, INC. WMTZ-LP 134309 BLL-20061212AAD VT FM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , HAMBURG 99.5 MHZ E AR Voluntary Assignment of License From: KENNETH WAYNE DIEBEL To: R&M BROADCASTING Form 314 Grant set aside pursuant to 47 C.F.R. Section 1.113(a) 1/6/2006. Application granted 12/13/2006. KENNETH WAYNE DIEBEL KHMB 34020 BALH-20051115AAP AR , ABILENE 90.5 MHZ E TX Voluntary Assignment of License From: GOSPEL RADIO NETWORK To: EDUCATIONAL MEDIA FOUNDATION Form 314 *GRANTED WITH CONDITION* GOSPEL RADIO NETWORK KAGT-FM 87588 BALED-20061025ADS TX Page 13 of 24 Broadcast Actions 12/18/2006 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded
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- of all versions of a particular filing. E C Parent Station License Cancelled Terminated Parent Station License Expired M Parent Station License Modified T W Q Withdrawn Accepted N A Parent Station License Renewed Active or Returned to Active Page 21 Informative: Pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), effective December 19, 2006, the grant of Renewal (RO) application 0001801289 IS SET ASIDE and the application IS RETURNED to a pending status. Page 22
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- Number Date Call Sign Purp. Act. QUALCOMM Incorporated EAG703 D 0003021893 06/20/2007 WPZA237 MD G Page 6 Correction(s): Application file numbers 0002985315, 0002985320, 0002985321, and 0002985324 (Licensee: Northstar Technology, LLC) were dismissed in error. See Wireless Telecommunications Bureau Market-Based Applications Action, Report No. 3187 (rel. May 30, 2007). These applications have been returned to a pending status pursuant to section 1.113(a) of the Commission's Rules. Page 7 Amendment Purpose Key: Modification Cancellation Renew Only Withdrawal Action Key: MD AM CA RO WD Dismissed Granted D G R T K Killed Returned to pending status Returned Terminated there may be a previous version of that application still pending in ULS. You are encouraged to utilize P * If the purpose of application
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- NUMBER E/P AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE APPLICATION GRANT RESCINDED KNOE 35249 NOE RADIO ENTERPRISES LLC LA MONROE , LA BAL-20061213AIW 540 KHZ E Voluntary Assignment of License, as amended From: NOE CORP. LLC To: HOLLADAY BROADCASTING OF LOUISIANA, LLC Form 314 Granted With Condition Petition for Reconsideration filed no 6/14/2007. Application grant rescinded per 47 C.F.R Section 1.113(a) on 2-28-08. AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE WBVA 84068 R. CLINTON STACKHOUSE, JR., INTERIM TRUSTEE VA BAYSIDE , VA BAL-20071119AIW 1450 KHZ E Voluntary Assignment of License From: R. CLINTON STACKHOUSE, JR., INTERIM TRUSTEE To: BIRACH BROADCASTING CORPORATION Form 314 Opposition Filed 01/22/2008 by BIRACH BROADCASTING CORPORATION Request for Expedited Consideration Filed 02/06/2008 by Birach Broadcasting Coproration Motion
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- for facility id no.: . ALLEN, MARK C NEW 167379 BDCCDVL-20070913ACB CA AM STATION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED , MONROE 540 KHZ E LA Voluntary Assignment of License, as amended From: NOE CORP. LLC To: HOLLADAY BROADCASTING OF LOUISIANA, LLC Form 314 Granted With Condition Petition for Reconsideration filed no 6/14/2007. Application grant rescinded per 47 C.F.R Section 1.113(a) on 2-28-08. Application re-granted with Condition 3-4-08 HOLLADAY BROADCASTING OF LOUISIANA, LLC KNOE 35249 BAL-20061213AIW LA AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , WATERVILLE 1450 KHZ E WA Auction 84 CP New Station. Engineering Amendment filed 01/23/2008 SACRED HEART RADIO, INC. NEW 160777 BNP-20070925AJQ WA Page 5 of 13 Broadcast Actions 3/7/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth
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- 0.720.9 0.227.7 50.5 South America $589,982,403 0.125.6 0.816.6 56.9 $37,098,987 0.013.4 0.025.6 61.0 $29,961,989 0.0 0.0 0.0 0.0100.0 7,865,232,264 0.014.0 1.219.5 65.2 Afghanistan $23,666,210 0.073.0 0.017.7 9.3 $1,282,320 0.0 0.0 0.0 8.0 92.0 $43,391 0.0 0.0 0.0 0.0100.0 101,656,034 0.062.4 0.023.2 14.3 Bangladesh $9,934,674 0.940.2 1.115.9 41.8 $1,988,663 0.0 1.0 0.0 0.2 98.8 $71,292 0.0 0.0 0.068.2 31.8 284,007,937 0.523.6 1.113.4 61.3 Bhutan $121,712 0.0 9.7 0.143.7 46.5 $910 0.0 0.0 0.0 0.0100.0 $299 0.0 0.0 0.0 0.0100.0 801,707 0.0 3.5 0.049.9 46.5 Brunei $951,034 0.026.9 0.031.3 41.8 $169,798 0.0 3.4 0.078.7 17.9 $103 0.0 0.0 0.0 0.0100.0 21,764,316 0.022.9 0.034.3 42.8 Burma $6,341,036 0.033.9 0.3 2.4 63.4 $63,846 0.0 0.0 0.0 0.0100.0 $2,074 0.0 0.0 0.0 0.0100.0 29,460,391 0.024.7 0.2
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- E/P FM STATION APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING WLVU 91925 EDUCATIONAL MEDIA FOUNDATION PA HALIFAX , PA BLED-20080821ADY 88.5 MHZ E License to cover. FM STATION APPLICATIONS FOR LICENSE TO COVER APPLICATION GRANT RESCINDED WSLI 91446 SUPERIOR COMMUNICATIONS MI BELDING , MI BLED-20080714AFO 90.9 MHZ E License to cover. Application grant set aside per 47 C.F.R. Section 1.113 on 8/21/08; application returned to pending status. WXPZ 121239 LARLEN COMMUNICATIONS INC. MI CLYDE TOWNSHIP , MI BLED-20080818AAI 90.1 MHZ E License to cover. Grant Rescinded and application reinstated to pending status 8/21/2008 - no letter sent Petition to Dismiss Filed 08/21/2008 by Michiana Christian Broadcasters, Inc. Page 4 of 17 Broadcast Applications 8/26/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth
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- STATE E/P 07/13/2009 Actions of: FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER LICENSE CANCELLED , POMPTON LAKES 103.1 MHZ E NJ License to cover. License cancelled and callsign deleted per licensee's request dated 11/18/2008. Petition for Reconsideration Filed 02/17/2009 by Mariana Broadcasting, Inc. Petition for Reconsideration Granted 6/30/2009-no letter sent. Erroneous staff action of 6/30/2009 set aside pursuant to S. 1.113(a) NEW JERSEY PUBLIC BROADCASTING AUTHORITY W276BX 143128 BLFT-20071130ADA NJ Page 7 of 7
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- TO COVER PETITION FOR RECONSIDERATION DW276BX 143128 NEW JERSEY PUBLIC BROADCASTING AUTHORITY NJ POMPTON LAKES , NJ BLFT-20071130ADA 103.1 MHZ E License to cover. License cancelled and callsign deleted per licensee's request dated 11/18/2008. Petition for Reconsideration Filed 02/17/2009 by Mariana Broadcasting, Inc. Petition for Reconsideration Granted 6/30/2009-no letter sent. Erroneous staff action of 6/30/2009 set aside pursuant to S. 1.113(a) Petition for reconsideration was denied 7/13/2009 per DA 09-1523 Petition for Reconsideration Filed 08/11/2009 by Mariana Broadcasting, Inc. DIGITAL AUXILIARY APPLICATIONS FOR MINOR AMENDMENT TO A CONSTRUCTION PERMIT RECEIVED KOVR 56550 SACRAMENTO TELEVISION STATIONS, INC CA STOCKTON , CA BXPCDT-20090728ABP CHAN-25 E Engineering Amendment filed 08/17/2009 Page 13 of 19 Broadcast Applications 8/20/2009 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street
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- N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 05/20/2010 Actions of: FM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , BELDING 90.9 MHZ E MI License to cover construction permit BPED-19980814MD, as modified by BMPED-20070329AMP and BMPED-20080711AAA Application grant set aside per 47 C.F.R. Section 1.113 on 8/21/08; application returned to pending status. Engineering Amendment filed 03/31/2009 Granted 5/20/2010 SMILE FM WSLI 91446 BLED-20080714AFO MI FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , CAPE MAY 91.5 MHZ E NJ CP New Station. Engineering Amendment filed 03/26/2010 Petitions to deny must be on file no later than 30 days from the date of this public notice
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- TO COVER APPLICATION FOR REVIEW DW276BX 143128 NEW JERSEY PUBLIC BROADCASTING AUTHORITY NJ POMPTON LAKES , NJ BLFT-20071130ADA 103.1 MHZ E License to cover. License cancelled and callsign deleted per licensee's request dated 11/18/2008. Petition for Reconsideration Filed 02/17/2009 by Mariana Broadcasting, Inc. Petition for Reconsideration Granted 6/30/2009-no letter sent. Erroneous staff action of 6/30/2009 set aside pursuant to S. 1.113(a) Petition for reconsideration was denied 7/13/2009 per DA 09-1523 Petition for Reconsideration Filed 08/11/2009 by Mariana Broadcasting, Inc. Second Petition for Reconsideration dismissed per letter ref. 1800B3-KES, DA 10-1903, on 9/30/2010. Application for Review Filed 11/01/2010 by Mariana Broadcasting, Inc. Application for Review Filed 11/01/2010 by Mariana Broadcasting, Inc. LOW POWER FM APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING
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- necessary relationship between the frequencies sought in San Mateo's Section 337 waiver request and the frequencies at issue in the San Mateo petition, so it reinstated the dismissed reconsideration petition. The Commission then granted the petition, thereby reversing the Branch's set-aside of the grants of San Mateo's modification applications. The Commission found that the Branch's action was invalid because Section 1.113 of the Commission's Rules provides that action taken pursuant to delegated authority may be set aside sua sponte only within thirty days. On February 7, 2001, Champion filed the instant Petition for Reconsideration of the Commission's January 8, 2001, decision. San Mateo filed an Opposition to the Petition for Reconsideration, and Champion filed a Reply to the Opposition to Petition
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- San Mateo offered to relinquish specific frequencies could indicate that it did not intend to relinquish its claim to any other frequencies, but it could also be inferred from the offer to return two frequencies in the 470-512 MHz band that grant of the waiver would give San Mateo all the frequencies it needed in that band. 8. Nevertheless, Section 1.113(a) of our Rules provides that the person, panel, or board taking action pursuant to delegated authority has thirty days in which to modify or set aside its own motion. The Branch granted San Mateo's applications for station modification on May 21, November 6, and November 17, 1997. The Branch was not authorized to rescind its decisions after the respective thirty-day
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- the frequency 153.6125 MHz. The instant application for review seeks reversal of the Division's December 27, 2001 Memorandum Opinion and Order and Order of Modification. In its application for review, CMMC contends that the PG&E filing was an untimely petition for reconsideration that should not have been considered, that the time limitations of Section 405 of the Act and Section 1.113 of the Commission's Rules preclude the modification action taken by the Division. CMMC Application for Review. CMMC argues that the Division lacked authority to modify CMMC's license, and that the Commission may only act to modify a license under Section 316 of the Act if there have been changed circumstances since the original grant of the application. We disagree. Under
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- Division also noted that Cal Water failed to file a petition to deny applications, request to set aside the license grants, or a petition for reconsideration of the license grants, and that it would therefore be improper for the Division to set aside the SDG&E and Contra Costa authorizations. The Division stated that after the thirty-day period reflected in Section 1.113 of the Commission's rules, which allows for correction of action taken, the Division could only correct the grants if they were due to some ministerial error, and such was not the case here. The Division concluded that it could not grant Cal Water's request to operate on certain frequencies in the 932/941 MHz band in the areas of Lancaster, Hawthorne,
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- and reinstated his application for further processing. Seven months later, however, the Branch denied Bosshard's reconsideration petition and waiver request, and dismissed the associated application. The Commission held that because thirty days had passed between (a) the date when the Branch granted him a waiver and reinstated his application, and (b) the date when the Branch dismissed the application, Section 1.113(a) of the Commission's Rules had been violated. Section 1.113(a) provides that a person, panel or board action pursuant to delegated authority has thirty days to modify or set aside its decision on its own motion. Similarly, in the instant case, we believe that the Bureau violated Section 1.113(a) of the Commission Rules by taking an action almost four years after
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- of the base station from 185 to 23 watts. The instant application for review seeks reversal of the Division's October 23, 2002 Reconsideration Order. In its application for review, ASI contends that the PG&E filing was an untimely petition for reconsideration that should not have been considered, and that the time limitations of Section 405 of the Act and Section 1.113 of the Commission's Rules preclude the modification action taken by the Division. Further, ASI asserts that the Division lacks authority under Section 1.41 of the Commission's Rules to take informal action in this case. Discussion. We agree with the Division that it has authority to modify ASI's license under Section 316 of the Act and Sections 1.41 and 1.87 of
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- in its orders. Consistent with that precedent, we find that, in addition to our above-discussed inherent authority, our authority pursuant to sections 4(j) and 4(i) independently authorizes the Commission to take corrective action in this case, as is necessary to promote compliance with sections 202 and 204 of the Communications Act. B. Sua Sponte Reconsideration Deadline Inapplicable Sections 1.108 and 1.113 of our rules state that the agency may ``set aside'' administrative actions on its own motion within 30 days. While these rules impose a time constraint on the Commission's authority sua sponte to modify an order where the agency subsequently revisits a prior determination and decides that the original decision was injudicious, these rules do not bar the issuance of
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- in the manually filed application is entered into ULS. Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application. Grant of consent to the application under these immediate approval procedures will be reflected in a public notice (see § 1.933(a)) promptly issued after the grant, and is subject to reconsideration (see §§ 1.106(f), 1.108, 1.113). 4. Amend § 1.2003 by revising the paragraph entitled ``FCC 603,'' and adding a paragraph entitled ``FCC 608,'' to read as follows: § 1.2003 Applications affected. * * * * * FCC 603 Wireless Telecommunications Bureau Application for Assignment of Authorization and Transfer of Control; * * * * * FCC 608 Notification or Application for Spectrum Leasing Arrangement; *
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- and reinstated his application for further processing. Seven months later, however, the Branch denied Bosshard's reconsideration petition and waiver request, and dismissed the associated application. The Commission held that because thirty days had passed between (a) the date when the Branch granted him a waiver and reinstated his application, and (b) the date when the Branch dismissed the application, Section 1.113(a) of the Commission's Rules had been violated. Section 1.113(a) provides that a person, panel or board action pursuant to delegated authority has thirty days to modify or set aside its decision on its own motion. Similarly, in the instant case, if we were to revisit the grant of the Station WBX257 Modification Application, we believe such action would be inconsistent
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-5A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-5A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-5A1.txt
- him a waiver and reinstated his application for further processing. Seven months later, however, L&TAB denied Bosshard's reconsideration petition and waiver request, and dismissed the associated application. The Commission held that because thirty days had passed between (a) the date when L&TAB granted him a waiver and reinstated his application, and (b) the date when L&TAB dismissed the application, Section 1.113(a) of the Commission's Rules had been violated. Section 1.113(a) provides that a person, panel or board action pursuant to delegated authority has thirty days to modify or set aside its decision on its own motion. Similarly, in the instant case, if we were to revisit the grant of the Station WAU27 Applications, we believe such action would be inconsistent with
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-8A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-8A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-8A1.txt
- to the staff's inquiries. On October 26, 2004, BBI filed a response to Anderson's letter. On November 8, 2004, Anderson filed a supplement to its October 15, 2004, response. On November 17, 2004, BBI filed a response to Anderson's supplement, to which Anderson responded on December 7, 2004. BBI styles this pleading a ``Petition for Rescission of Construction Permit.'' Section 1.113(a) of the Commission's Rules (the ``Rules''), 47 C.F.R. § 1.113(a), provides the staff with discretion to set aside an action taken under delegated authority within 30 days of public notice of that action, but it does not specifically create the right of third parties to file petitions to rescind an authorization. Rather than dismiss the pleading as unauthorized, the Bureau
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-97-145A1.pdf
- Commission FCC97-145 Comments 50. All responding parties support our proposal to eliminate the reporting requirement contained in section 43.2 1(b) that provides that supplemental information be submitted by carriers that maintained separate departments or divisions for carrier and noncarrier operations.'12 Southwestern Bell concurs with our proposal to change the filing date for the remaining section 43.21 annual reports to April 1.113 Discussion 51. We adopt our proposals in theOrder and Noticeregarding section 43.21. First, we eliminate the section 43.21(b) supplemental report. As stated above, because no carrier currently files this report and we do not anticipate requiring a carrier to file this supplemental report in the foreseeable future, we believe this requirement is unnecessary. Second, we change the filing date for
- http://transition.fcc.gov/eb/Orders/2003/DA-03-619A1.html
- Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, 4 the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon
- http://transition.fcc.gov/eb/Orders/2004/DA-04-3183A1.html
- and is only a claim made by Commission personnel. Gerritsen contends that any ``set-aside'' does not prohibit him from using his amateur license to transmit on amateur bands. This is incorrect. Commission records show that Gerritsen was granted amateur radio station license KG6IRO on November 7, 2001, and that the grant of the license was set aside, pursuant to Section 1.113(a) of the Commission's Rules21 on November 14, 2001. Section 1.113(a) states that within 30 days of public notice of any action taken pursuant to delegated authority, ``the person, panel or board taking the action may modify or set it aside on its own motion.''22 Gerritsen was notified of this action by letter dated November 21, 2001 which also informed Gerritsen
- http://transition.fcc.gov/eb/Orders/2005/DA-05-1923A1.html
- Enforcement Bureau. The above- captioned matter should have been closed with Mega Communications' payment of the $10,000 proposed forfeiture. Therefore, we cancel the $10,000 forfeiture issued to Mega Communications in the June 21, 2005 Forfeiture Order. 2. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934 as amended,4 and Sections 0.11, 0.311, 1.80(f)(4) and 1.113 of the Commission's Rules,5 the forfeiture in the amount of ten thousand dollars ($10,000) issued to Mega Communications of St. Petersburg Licensee, L.L.C. in the June 21, 2005 Forfeiture Order IS CANCELED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mega Communications of
- http://transition.fcc.gov/eb/Orders/2005/DA-05-3123A1.html
- Street, S.W., Washington, D.C. 20554.33 22. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau _________________________ 147 U.S.C. 333. 2The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission,
- http://transition.fcc.gov/eb/Orders/2005/DA-05-3124A1.html
- S.W., Washington, D.C. 20554.28 19. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau _________________________ 147 U.S.C. 321(b), 333. 2The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission,
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1495A1.html
- the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family Association, P.O. Drawer 2440,
- http://transition.fcc.gov/eb/Orders/2006/DA-06-1743A1.html
- staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K Street, N.W.,
- http://transition.fcc.gov/eb/Orders/2006/DA-06-2487A1.html
- is associated with a particular license may file applications relating to that license in the Commission's Universal Licensing System. FCC File Nos. 0002044953, 0002044980 (Feb. 11, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). See 47 C.F.R. S 1.113(a). FCC File No. 0002074626 (Mar. 10, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). FCC File No. 0002112456 (Apr. 4, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from
- http://transition.fcc.gov/eb/Orders/2009/DA-09-241A1.html
- request for information relative to these investigations. 4. We modify the portions of the Letters of Inquiry that require each party to supplement, on a quarterly basis, the information provided in the parties' responses to the Letters of Inquiry, and temporarily suspend, until further notice, such obligations. 5. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Order and the Letters of Inquiry issued in the above captioned proceedings ARE MODIFIED as set forth in Paragraphs 1 - 4 above. 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and Certified Mail, Return Receipt Requested, to each
- http://transition.fcc.gov/eb/Orders/2009/DA-09-2421A1.html
- ) File No. EB-09-SE-137 Calvary Chapel of Costa Mesa, Inc. ) NAL/Acct. No. 200932100077 FM Radio Station KWVE ) FRN No. 0006377303 San Clemente, California ) ) ORDER Adopted: November 13, 2009 Released: November 13, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Order, we reconsider on our own motion and set aside pursuant to Section 1.113 of the Commission's Rules ("Rules") the Notice of Apparent Liability for Forfeiture ("NAL") issued to Calvary Chapel of Costa Mesa, Inc. ("Calvary Chapel"), licensee of FM radio station KWVE, in the above-captioned proceeding on September 17, 2009. The NAL was issued to Calvary Chapel for transmitting an unauthorized Required Monthly Test ("RMT") of the Emergency Alert System ("EAS") in a
- http://transition.fcc.gov/eb/Orders/2009/DA-09-248A1.html
- in which to either pay in full the amount of the proposed forfeiture or file a written statement seeking reduction or cancellation of the proposed forfeiture. We hereby extend the time period within which such action must be taken by thirty (30) days to March 20, 2009. 3. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311, 1.102 and 1.113 of the Commission's Rules, the Notices of Apparent Liability for Forfeiture and Orders issued in the above captioned proceedings are modified as set forth in Paragraph 1 and 2 above. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent, by Certified Mail, Return Receipt Requested, to each counsel of record in the above captioned proceedings.
- http://transition.fcc.gov/eb/Orders/da001551.doc http://transition.fcc.gov/eb/Orders/da001551.html http://transition.fcc.gov/eb/Orders/da001551.txt
- Martin had, in fact, filed a response to the NAL with the Commission on April 6, 2000. However, Mr. Martin's response was misrouted and the Bureau did not become aware of it until June 27, 2000. Because Mr. Martin actually did respond to the NAL, we will set aside the Forfeiture Order adopted on June 26, 2000, pursuant to Section 1.113(b) of the Commission's Rules (``Rules''), and consider his response to the NAL in this Order. II. BACKGROUND 3. Mr. Martin is the former licensee of amateur station KC5WHN. By letter of November 3, 1998, the Commission notified Mr. Martin of complaints concerning a station identifying as KC5WHN. The complaints asserted that the station identifying as KC5WHN was operating on frequencies
- http://transition.fcc.gov/fcc-bin/audio/DA-06-1766A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1766A1.pdf
- In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Hemet, California) ) ) ) ) ) ) ORDER Adopted: September 1, 2006 Released: September 6, 2006 By the Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, hereby sets aside its Memorandum Opinion and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules. We reinstate the petitions for reconsideration of Southern California Public Radio and Maranatha Ministries of Hemet (collectively ``Petitioners''), and permit each of the petitioners to supplement its reconsideration petition with a detailed showing under Woodstock and Broadway, as set forth in more detail below. 2. Background. The Petitioners separately filed petitions requesting the reservation of vacant
- http://transition.fcc.gov/fcc-bin/audio/DA-07-2390A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2390A1.pdf
- directed to the staff letters dated March 18, 2004, returning their Petitions for Rule Making that requested the reservation of vacant FM Channel 273A at Hemet, California for noncommercial educational (``NCE'') use. Southern California submitted a supplement to its Petition for Reconsideration in response to the Order. No additional comments were received in this proceeding. 2. Background. Pursuant to Section 1.113(a) of the Commission's Rules, the Order set aside a staff decision that denied the Petitions for Reconsideration to reserve vacant Channel 273A at Hemet for NCE use, thereby reinstating the Petitions for Reconsideration. The Order also requested that the Petitioners file an NCE reservation showing prepared in accordance with Section 73.313 of the Commission's Rules (the ``Rules''). To this end,
- http://transition.fcc.gov/fcc-bin/audio/DA-08-2354A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-2354A1.pdf
- FM Broadcast Stations. Buffalo, Iola, Normangee, and Madisonville, Texas ) ) ) ) ) ) ) MB Docket No. 07-279 RM-11411 RM-11422 RM-11423 order Adopted: October 24, 2008 Released: October 27, 2008 By the Assistant Chief, Audio Division, Media Bureau: The Audio Division, on its own motion, hereby sets aside the Report and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules and provides interested parties with the opportunity to file competing expressions of interest in FM Channel 299C3, Madisonville, Texas, in compliance with Section 1.420(g) of the Commission's Rules. The R&O granted a counterproposal (RM-11423) to allot FM Channel 267A at Normangee, Texas. To accommodate this new allotment, the R&O substituted Channel 299C3 for Channel 267A as
- http://transition.fcc.gov/fcc-bin/audio/DA-08-2675A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-2675A1.pdf
- Ehrenberg and First Mesa, Arizona) ) ) ) ) ) ) ) MB Docket No. 08-85 RM-11427 order Adopted: December 8, 2008 Released: December 9, 2008 By the Assistant Chief, Audio Division, Media Bureau: The Audio Division, on its own motion, hereby sets aside the Notice of Proposed Rule Making and Order to Show Cause, DA 08-2619, pursuant to Section 1.113(a) of the Commission's Rules. The Commission has already released a Notice of Proposed Rule Making and Order to Show Cause in this proceeding. ACCORDINGLY, IT IS ORDERED, That the Notice of Proposed Rule Making and Order to Show Cause, DA 08-2619, IS SET ASIDE pursuant to Section 1.113(a) of the Commission's Rules. For further information concerning this proceeding, contact Rolanda
- http://transition.fcc.gov/fcc-bin/audio/FMallotmentRM.html
- and Order (R&O), [921]MB Docket 06-65, DA 06-1886, released September 22, 2006. [ [922]PDF | [923]Word ]. Channel 288C3 added to Kinsley, KS. September 6, 2006 FM Table of Allotments, Hemet, CA, Memorandum Opinion and Order (MO&O), DA 06-1766, released September 6, 2006. [ [924]PDF | [925]Word ]. Set aside previous MO&O (DA 06-1465, July 28, 2006) pursuant to Section 1.113. Reinstated the petitions for reconsideration of Southern California Public Radio and Marantha Ministries of Hemet. September 5, 2006 FM Table of Allotments, Eatonton and Lexington, GA, Report and Order (R&O), [926]MB Docket 04-379, DA 06-1764, released September 7, 2006. [ [927]PDF | [928]Word ]. September 5, 2006 FM Table of Allotments, Oak Harbor and Sedro-Wooley, WA, Report and Order (R&O),
- http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
- released September 27, 2006. [ [2470]PDF | [2471]Word ]. Dismissed an application for a new low power FM (LPFM) station in Columbus, OH. September 6, 2006 FM Table of Allotments, Hemet, CA, Memorandum Opinion and Order (MO&O), DA 06-1766, released September 6, 2006. [ [2472]PDF | [2473]Word ]. Set aside previous MO&O (DA 06-1465, July 28, 2006) pursuant to Section 1.113. Reinstated the petitions for reconsideration of Southern California Public Radio and Marantha Ministries of Hemet. September 1, 2006 Triad Broadcasting Company, LLC and Monterrey Licenses, LLC , Letter, DA 06-1741, released September 1, 2006. [ [2474]PDF | [2475]Word ]. Waived the requirement to terminate a joint sales agreement or otherwise come into compliance with Section 73.3555(a)(1)(iii) by September 3, 2006.
- http://wireless.fcc.gov/auctions/16/releases/da991448.pdf http://wireless.fcc.gov/auctions/16/releases/da991448.txt http://wireless.fcc.gov/auctions/16/releases/da991448.wp
- its pre-auction objections, Nevada Wireless was a high bidder on 16 licenses in the 800 MHz SMR auction. Therefore Nevada Wireless's Petitions for Reconsideration, Motions to Set Aside, and 6 Motions for Stay are moot and we find it unnecessary to consider Nevada Wireless's arguments. Moreover, we note that Nevada Wireless may not request a set aside, pursuant to Section 1.113 of the Commission's rules. Set aside actions must be made by the Commission, or its delegated authority, on its own motion.7 Federal Communications Commission DA 99-1448 3 5. IT IS ORDERED, pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. §§ 0.131 and 0.331, that Nevada Wireless's Petitions for Reconsideration, Motions for Set Aside, and Motions for
- http://wireless.fcc.gov/auctions/34/releases/da021009.pdf http://wireless.fcc.gov/auctions/34/releases/da021009.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 DA 02-1009 April 30, 2002 Via certified mail, return receipt requested Ms. Kim A. Christianson Manager, Regulatory Affairs Motient Communications Company 300 Knightsbridge Parkway Lincolnshire, IL 60069 Re: Final Bid Withdrawal Payment For Auction No. 34 Dear Ms. Christianson: Pursuant to Section 1.113(a) of the Commission's rules,1 the Auctions and Industry Analysis Division of the Wireless Telecommunications Bureau hereby sets aside the Letter Order released on April 26, 2002,2 without prejudice for future action, pending review of issues arising from the Motient Bankruptcy Proceeding.3 Accordingly, IT IS ORDERED that this letter shall be sent to the applicant and its representatives by certified mail,
- http://wireless.fcc.gov/auctions/45/releases/da021221.pdf http://wireless.fcc.gov/auctions/45/releases/da021221.txt
- Form 175s. Start your web browser and point it to either https://auctions.fcc.gov/ (primary location) or https://auctions2.fcc.gov/ (secondary location). Click the Form 175 Application & Search link, then click the SEARCH link at the top of the page. When the Form 175 Search page appears, select the search criteria you want and then click the Submit button. 1 Pursuant to Section 1.113(a) of the Commission's rules, the Auctions and Industry Analysis Division of the Wireless Telecommunications Bureau hereby sets aside the May 15, 2002, denial of Paris Tower Inc.'s ("Paris") waiver request, without prejudice for future action, pending review of supplemental information being provided by its affiliate Lancaster Communications, Inc. ("Lancaster") with respect to a pending Petition for Reconsideration filed by Lancaster
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010353.txt
- Request for Review with the Commission, the Bureau dismissed Pioneerland's Request for Review as untimely on November 22, 1999. Soon thereafter, Pioneerland contacted the Bureau and provided it with documentation that the Administrator's Decision on Appeal had, in fact, been issued on May 26, 1999. II. Discussion As discussed below, we find that the circumstances here warrant waiver of section 1.113 of the Commission's rules, which permits the Bureau, under delegated authority, to reconsider on its own motion its own decision within 30 days of public notice of the action. Waiver of the 30-day limit allows us to consider Pioneerland's Request for Review on the merits. In so considering Pioneerland's Request for Review, we conclude that its application should be remanded
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011883.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011883.txt
- request, SLD should have construed it as a service substitution request notwithstanding how the applicant captioned the pleading. As such, SLD should have reviewed the service substitution request on its merits. The Division's reversal of SLD's decision and remanding for further consideration of the request was therefore appropriate. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0.91, 0.291, 1.113 and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.113, 54.722(a), that the Request for Review filed by Mercer County Area Vocational - Technical School, Mercer, Pennsylvania, on June 1, 2000 is GRANTED for the reasons discussed herein, and REMANDED to the Schools and Libraries Division for further consideration consisted with this decision. FEDERAL COMMUNICATIONS COMMISSION Mark G.
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-96.pdf
- 0.0 0.0 0.0 $46146.453.6 0.0 0.0 0.0 27,14328.452.8 0.218.6 0.0 Aruba $57,66175.022.9 0.0 2.0 0.0 $14,013 0.0100.0 0.0 0.0 0.0 $52,892 0.0100.0 0.0 0.0 0.0 29,40855.143.4 0.0 1.5 0.0 Bahamas, The $341,37439.448.5 0.711.3 0.0 $29,65867.4 6.1 0.026.5 0.0 $49,807 4.4 8.7 0.086.9 0.0 186,38244.742.6 1.311.4 0.0 Barbados $158,27353.638.9 0.8 6.7 0.0 $22,42815.561.3 0.023.1 0.0 $41,596 0.897.2 0.0 2.0 0.0 70,00541.843.8 1.113.2 0.0 Bermuda $137,23757.126.3 2.813.8 0.0 $26,483 8.887.5 0.0 3.7 0.0 $8,724 4.592.2 0.0 3.3 0.0 89,01646.241.9 3.9 8.0 0.0 Cayman Islands $214,21471.218.7 0.4 9.7 0.0 $44,39757.140.5 0.0 2.5 0.0 $12,16160.832.2 0.0 7.0 0.0 110,92557.430.1 0.711.8 0.0 Cuba $121,57354.729.910.6 4.8 0.0 $35,280 0.196.2 0.0 3.7 0.0 $448,270 0.148.7 0.051.2 0.0 107,21758.829.1 9.4 2.6 0.0 Dominica $31,42042.653.4 0.3 3.7 0.0 $7,233100.0 0.0
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f99.pdf
- from PTT 1 2 3 4 Other from PTT 1 2 3 4 Other Minutes 1 2 3 4 Other Norfolk Island $19,63425.1 0.0 0.0 0.074.9 $316 0.0100.0 0.0 0.0 0.0 $0 34,746 4.5 1.1 0.0 0.094.4 Pacific Islands (Palau) $2,785,94954.925.3 4.3 0.015.5 $383,08560.3 3.8 4.7 0.031.2 $2,097,94897.8 1.5 0.0 0.0 0.7 2,769,75957.314.1 6.4 0.022.2 Papua New Guinea $1,328,71946.731.6 7.3 1.113.3 $264,11442.053.9 0.0 0.0 4.1 $1,301,77888.810.8 0.0 0.0 0.4 2,303,83826.326.8 5.8 6.634.5 Solomon Islands $187,016 6.8 1.245.5 0.046.5 $1,769 0.0 2.3 0.0 0.097.7 $0 319,940 1.9 0.553.1 0.044.5 Tonga $6,905,31761.519.4 0.0 2.916.2 $472,84444.237.9 0.0 0.017.9 $15,16676.1 0.0 0.0 0.023.9 3,921,13641.924.9 0.0 7.725.4 Tuvalu $159,098 0.1 1.2 7.8 0.090.9 $48,329 0.0 0.0 0.0 0.0100.0 $0 320,589 0.0 0.9 4.6 0.094.5 Vanuatu $7,797,93829.010.953.3
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001551.doc
- Martin had, in fact, filed a response to the NAL with the Commission on April 6, 2000. However, Mr. Martin's response was misrouted and the Bureau did not become aware of it until June 27, 2000. Because Mr. Martin actually did respond to the NAL, we will set aside the Forfeiture Order adopted on June 26, 2000, pursuant to Section 1.113(b) of the Commission's Rules (``Rules''), and consider his response to the NAL in this Order. II. BACKGROUND 3. Mr. Martin is the former licensee of amateur station KC5WHN. By letter of November 3, 1998, the Commission notified Mr. Martin of complaints concerning a station identifying as KC5WHN. The complaints asserted that the station identifying as KC5WHN was operating on frequencies
- http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/da000928.doc
- (March 21,2000). Reef Broadcasting, Inc. - Request for a partial refund on fee filed for WRRA (AM) at Frederiksted, St. Croix, Virgin Island. (March 21, 2000). Granted. [See 1998 Biennal of Regulatory Review - - Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 14 FCC Rcd 5272, (1999) (``Streamlining Order''). See also, 47 C.F.R. 1.113 (a)(4) and 14 FCC Rcd. n.51]. Weiner Broadcasting, Inc. - Request for refund of the overpayment of FY 1998 regulatory fee on WUHN (AM) Pittsfield, MA. Granted. (March 16, 2000). NOTE: ANY QUESTIONS REGARDING THIS REPORT SHOULD BE DIRECTED TO THE CREDIT & DEBT MANAGEMENT GROUP AT (202) 418-1995. Federal Communications Commission ________________________________________________________________________ _____________ ________________________________________________________________________ __________ DA 00-566 $ $
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992812.doc
- June 4, 1998). KR&G Request at 2. To the extent that KR&G requests that we rescind the grant of the license for Station WPLF973, we deem the request to be an untimely petition for reconsideration of the grant. See 47 U.S.C. § 405, 47 C.F.R. § 1.106(f) (allowing 30 days in which to seek reconsideration); see also 47 C.F.R. § 1.113(a) (allowing action taken pursuant to delegated authority to be set aside by the Commission entity that took the action, on its own motion, and within 30 days). Thus, the request for set aside may not be considered at this time. 47 U.S.C. § 312(a)(2). See Reply to Opposition at 4 n.14. See 47 C.F.R. § 1.106(f). See KR&G Request at
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99349.doc
- 1998, the Branch reinstated Bosshard's application for further review and processing. On September 4, 1998, the Branch denied the petition for reconsideration and waiver request and dismissed the associated application. In his Application for Review, Bosshard asserts that the Branch's September 4, 1998, action dismissing his application should be reviewed and set aside because it is in violation of Section 1.113(a) of the Rules. III. DISCUSSION 4. Section 1.113(a) of our Rules provides that the person, panel or board taking action pursuant to delegated authority has thirty days to modify or set aside its own motion. On September 4, 1998, the Branch denied the petition for reconsideration and waiver request and dismissed the associated application. In his Application for Review, Bosshard
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000082.doc
- potential for price squeeze behavior. Because Stratos's petition does not indicate that its international rates for all international routes will be postalized, there is a possibility Stratos's international rates could vary and we therefore determine that it is necessary to examine Stratos's petition in more detail. In light of the foregoing, we have, on our own motion pursuant to Section 1.113 of the Commission's rules, 47 C.F.R. § 1.113decided to reconsider the grant of the petition of waiver to Stratos. We therefore set aside the previous order in this matter, DA 99-3017, and will act on Stratos's petition for waiver in due course. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000202.doc
- named Big Tex as the tentative selectee on January 31, 1995 and granted Big Tex's application on May 23, 1995. CHI filed a petition to set aside the grant on May 26, 1995. On June 2, 1995, Big Tex requested that we return its application to pending status. On June 9, 1995, we set aside the grant pursuant to section 1.113 of the Commission's rules and returned Big Tex's application to pending status to permit a more comprehensive review of the application. 3. CHI alleges in its Petition that Big Tex's application proposes to establish a cellular station operating on the same channel block as CHI in the Biloxi-Gulfport MSA that would cause harmful interference within CHI's Cellular Geographic Service Area
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000954.doc
- 27, 2000 Released: April 28, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. The Chief, Public Safety and Private Wireless Division, on her own motion, rescinds the Order on Reconsideration in this proceeding, which dismissed the petition for reconsideration filed on December 27, 1999, by Mobile Relay Associates, Inc. 2. Accordingly, pursuant to Section 1.113(a) of the Commission's Rules, 47 C.F.R. § 1.113(a), IT IS ORDERED that the action in the Order on Reconsideration in this proceeding, DA 00-751, released April 6, 2000, IS HEREBY RESCINDED and the petition for reconsideration is reinstated as pending further action by the Division. 3. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001709.doc
- same nucleus of operative facts we will address the issues collectively, rather than addressing the issues raised by each pleading individually. III. Discussion Status of Kay's Authorization to Operate on Frequency 855.0625 MHz. Kay argues that the Branch could not assign 855.0625 MHz to another party because Kay retained an effective and valid authorization for that frequency. We agree. Section 1.113 of the Commission's Rules permits a delegated authority to set aside an action on its own motion. License grants are made subject to the provision that they may be set aside within thirty days. The Commission has previously held that the set aside of a license grant within this period was not a final grant. Thus, the set aside of
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980528.html
- ARSC and CBS stations to trusts; granted temporary waivers of one-to-a-market rules. Action by Chief, Mass Media Bureau. Adopted: May 27, 1998. by MO&O. (DA No. 98-1012). MMB Internet URL: [15]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981012.wp AMENDMENT OF SECTION 73.202(B), TABLE ALLOTMENTS, FM BROADCAST STATIONS. (INDIAN SPRINGS, NEVADA, MOUNTAIN PASS, CALIFORNIA, KINGMAN, ARIZONA, AND ST. GEORGE, UTAH). Rescinded the Report and Order pursuant to Section 1.113(a) of the Commission's Rules which substituted Channel 257C for 257A at Indiana Springs, NV, etc. Dkt No.: MM-96-171, RM-8846, RM-9145. Action by Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Adopted: May 22, 1998. by Order. (DA No. 98-1003). MMB Internet URL: [16]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981003.wp [17][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt052898.pdf 2. http://www.fcc.gov/Bureaus/International/Public_Notices/1998/pnin8139.txt 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980528.txt 4. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980528.txt 5. http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/exa80528.html 6. http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/exb80528.html
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060906.html
- a main studio, operating overpower during nighttime hours, and failure to make available for inspection the station's public inspection file. Action by: Regional Director, South Central Region, Enforcement Bureau. Adopted: 09/01/2006 by Forfeiture Order. (DA No. 06-1754). EB [28]DA-06-1754A1.doc [29]DA-06-1754A1.pdf [30]DA-06-1754A1.txt FM TABLE OF ALLOTMENTS, HEMET, CA. Set aside its Memorandum Opinion and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules. Reinstated the petitions for reconsideration of Southern California Public Radio and Maranatha Ministries of Hemet. Action by: Chief, Audio Division, Media Bureau. Adopted: 09/01/2006 by ORDER. (DA No. 06-1766). MB [31]DA-06-1766A1.doc [32]DA-06-1766A1.pdf [33]DA-06-1766A1.txt AMENDMENT OF THE SCHEDULE OF APPLICATION FEES SET FORTH IN SECTIONS 1.1102 THROUGH 1.1107 OF THE COMMISSION'S RULES. Amended its Schedule of Application
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081027.html
- 27, 2008 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 46850 Released: 10/27/2008. BROADCAST ACTIONS. MB [1]DOC-286266A2.txt [2]DOC-286266A1.pdf Report No: 26850 Released: 10/27/2008. BROADCAST APPLICATIONS. MB [3]DOC-286265A2.txt [4]DOC-286265A1.pdf ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FM TABLE OF ALLOTMENTS, BUFFALO, IOLA, NORMANGEE, AND MADISONVILLE, TEXAS. Set Aside Report and Order pursuant to Section 1.113(a) of the Commission's Rules. (Dkt No. 07-279, RM-11411 , RM-11422). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 10/24/2008 by ORDER. (DA No. 08-2354). MB [5]DA-08-2354A1.doc [6]DA-08-2354A1.pdf [7]DA-08-2354A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED OCTOBER 24, 2008, DID NOT APPEAR IN DIGEST NO. 209: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 10/24/2008. COMMENTS INVITED ON
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090210.html
- Released: 02/09/2009. ANNOUNCEMENT OF NEXT MEETING DATE AND AGENDA OF CONSUMER ADVISORY COMMITTEE. (DA No. 09-208). CGB. Contact: Scott Marshall at (202) 418-2809, TTY: (202) 418-0179 [54]DA-09-208A1.doc [55]DA-09-208A1.pdf [56]DA-09-208A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- DIRECTV ENTERPRISES, LLC. The International Bureau, on its own motion, hereby sets aside a Declaratory Ruling released on January 16, 2009, DA 09-87, pursuant to Section 1.113(a) of the Commission's Rules. Action by: Acting Chief, International Bureau. Adopted: 02/09/2009 by ORDER. (DA No. 09-204). IB [57]DA-09-204A1.doc [58]DA-09-204A1.pdf [59]DA-09-204A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-211A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-211A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-211A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A2.doc 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A3.xls 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A4.doc 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A5.xls 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A2.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A3.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A4.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A5.pdf 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A1.txt 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A2.txt 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A3.txt 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A4.txt 18. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-221A5.txt 19. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288325A2.txt
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-255042A1.html
- Jack Gerritsen, June 6, 2000. 5See Municipal Court of Long Beach Judicial District, County of Los Angeles, State of California, Case No. 0SE01792: People vs. Jack Gerritsen, June 6, 2001. 6See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 7Enforcement Bureau Letter. 8See 47 C.F.R. 1.1914. 9December 28, 2001, letter from Catherine Deaton, Acting District
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256484A1.html
- Gerritsen, 6217 Palm Avenue, Bell, CA, 90201. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles District Office Western Region Enforcement Bureau _________________________ 147 U.S.C. 321(b), 333. 247 U.S.C. 503(b). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 4Enforcement Bureau Letter. 5During the emergency communications, the Officer identified himself as ``W1HIJ'' and ``U.S. Coast
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-263649A1.html
- Gerritsen, 6217 Palm Avenue, Bell, CA, 90201. FEDERAL COMMUNICATIONS COMMISSION Catherine Deaton District Director Los Angeles District Office Western Region Enforcement Bureau _________________________ 147 U.S.C. 321(b), 333. 247 U.S.C. 503(b). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission, to Mr. Jack Gerritsen (``Enforcement Bureau Letter''). The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 4Enforcement Bureau Letter. 5During the emergency communications, the Officer identified himself as ``W1HIJ'' and ``U.S. Coast
- http://www.fcc.gov/eb/Orders/2003/DA-03-619A1.html
- Forfeiture Order based on its belief that Verizon Wireless had neither filed a timely response to the NAL nor paid the forfeiture. However, subsequent to the release of the Forfeiture Order, it has come to the Bureau's attention that Verizon Wireless paid the forfeiture on December 2, 2002. 2. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, 4 the Forfeiture Order released on January 30, 2003 IS HEREBY SET ASIDE. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail, return receipt requested, to Verizon Wireless (VAW) LLC, Attention: Carol King, 30 Independence Boulevard, Warren, NJ 07059. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon
- http://www.fcc.gov/eb/Orders/2004/DA-04-3183A1.html
- and is only a claim made by Commission personnel. Gerritsen contends that any ``set-aside'' does not prohibit him from using his amateur license to transmit on amateur bands. This is incorrect. Commission records show that Gerritsen was granted amateur radio station license KG6IRO on November 7, 2001, and that the grant of the license was set aside, pursuant to Section 1.113(a) of the Commission's Rules21 on November 14, 2001. Section 1.113(a) states that within 30 days of public notice of any action taken pursuant to delegated authority, ``the person, panel or board taking the action may modify or set it aside on its own motion.''22 Gerritsen was notified of this action by letter dated November 21, 2001 which also informed Gerritsen
- http://www.fcc.gov/eb/Orders/2005/DA-05-1923A1.html
- Enforcement Bureau. The above- captioned matter should have been closed with Mega Communications' payment of the $10,000 proposed forfeiture. Therefore, we cancel the $10,000 forfeiture issued to Mega Communications in the June 21, 2005 Forfeiture Order. 2. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications Act of 1934 as amended,4 and Sections 0.11, 0.311, 1.80(f)(4) and 1.113 of the Commission's Rules,5 the forfeiture in the amount of ten thousand dollars ($10,000) issued to Mega Communications of St. Petersburg Licensee, L.L.C. in the June 21, 2005 Forfeiture Order IS CANCELED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Mega Communications of
- http://www.fcc.gov/eb/Orders/2005/DA-05-3123A1.html
- Street, S.W., Washington, D.C. 20554.33 22. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau _________________________ 147 U.S.C. 333. 2The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission,
- http://www.fcc.gov/eb/Orders/2005/DA-05-3124A1.html
- S.W., Washington, D.C. 20554.28 19. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jack Gerritsen at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau _________________________ 147 U.S.C. 321(b), 333. 2The action was taken pursuant to Section 1.113(a) of the Rules which states that ``within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion.'' 47 C.F.R. 1.113(a). 3See November 21, 2001, letter from W. Riley Hollingsworth, Special Counsel, Enforcement Bureau, Federal Communications Commission,
- http://www.fcc.gov/eb/Orders/2006/DA-06-1495A1.html
- the unique circumstances in this case justify rescission of the $3,000 forfeiture imposed on AFA, we remind the licensee that, in the future, its responses to Commission inquiries should be complete and timely filed unless it has actively sought and received express Commission consent to do otherwise. 3. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 0.111 and 0.311 and 1.113 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311 and 1.113, the $3,000 forfeiture imposed in the Order on Reconsideration, released on June 23, 2006, IS HEREBY CANCELED. 4. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified mail, return receipt requested, to Patrick J. Vaughn, General Counsel, American Family Association, P.O. Drawer 2440,
- http://www.fcc.gov/eb/Orders/2006/DA-06-1743A1.html
- staff stating that Gilmore had paid the forfeiture. Counsel submitted a copy of a $4,000 check sent to the Commission date-stamped June 23, 2006. The payment included the NAL/Acct. No. and FRN No. referenced above. We conclude that Gilmore has presented valid proof of payment of the forfeiture. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.311 and 1.113 of the Rules, the Forfeiture Order issued to Gilmore Broadcasting Corporation on August 21, 2006 IS RESCINDED. 3. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested to counsel for Gilmore Broadcasting Corporation, Martha E. Heller, Esq., Wiley Rein & Fielding LLP, 1776 K Street, N.W.,
- http://www.fcc.gov/eb/Orders/2006/DA-06-2487A1.html
- is associated with a particular license may file applications relating to that license in the Commission's Universal Licensing System. FCC File Nos. 0002044953, 0002044980 (Feb. 11, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). See 47 C.F.R. S 1.113(a). FCC File No. 0002074626 (Mar. 10, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from 3 Balsa, Oceanview, Delaware 19970 to P.O. Box 2869, Youngstown, Ohio 44511). FCC File No. 0002112456 (Apr. 4, 2005) (changing the name from Joseph V. Hartman, Sr. to Joseph W. Hartmann, Jr.; changing the address from
- http://www.fcc.gov/eb/Orders/da001551.doc http://www.fcc.gov/eb/Orders/da001551.html http://www.fcc.gov/eb/Orders/da001551.txt
- Martin had, in fact, filed a response to the NAL with the Commission on April 6, 2000. However, Mr. Martin's response was misrouted and the Bureau did not become aware of it until June 27, 2000. Because Mr. Martin actually did respond to the NAL, we will set aside the Forfeiture Order adopted on June 26, 2000, pursuant to Section 1.113(b) of the Commission's Rules (``Rules''), and consider his response to the NAL in this Order. II. BACKGROUND 3. Mr. Martin is the former licensee of amateur station KC5WHN. By letter of November 3, 1998, the Commission notified Mr. Martin of complaints concerning a station identifying as KC5WHN. The complaints asserted that the station identifying as KC5WHN was operating on frequencies
- http://www.fcc.gov/fcc-bin/audio/DA-06-1766A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1766A1.pdf
- In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Hemet, California) ) ) ) ) ) ) ORDER Adopted: September 1, 2006 Released: September 6, 2006 By the Chief, Audio Division, Media Bureau: 1. The Audio Division, on its own motion, hereby sets aside its Memorandum Opinion and Order in this proceeding pursuant to Section 1.113(a) of the Commission's Rules. We reinstate the petitions for reconsideration of Southern California Public Radio and Maranatha Ministries of Hemet (collectively ``Petitioners''), and permit each of the petitioners to supplement its reconsideration petition with a detailed showing under Woodstock and Broadway, as set forth in more detail below. 2. Background. The Petitioners separately filed petitions requesting the reservation of vacant
- http://www.fcc.gov/fcc-bin/audio/DA-06-2349A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2349A1.pdf
- File No. BL-20050407KYL, filed April 7, 2005. Mr. Alpert filed an informal complaint on July 28, 2004, two days after the license renewal was granted, asking the Enforcement Bureau to investigate the Licensee's actions during the prosecution of its license renewal application. The staff rescinded the grant of the renewal license on August 5, 2004, pursuant to 47 C.F.R § 1.113. See Broadcast Applications, Public Notice, Report No. 25796 (MB Aug. 5, 2004). We will consider Mr. Alpert's informal complaint as an informal objection to the captioned license renewal application. See 47 U.S.C. § 312(g) (failure of a broadcast station to transmit a broadcast signal for any consecutive 12 month period generally results in expiration of the station's license at the
- http://www.fcc.gov/fcc-bin/audio/DA-07-1233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1233A1.pdf
- application is returned to pending status. In addition, the forfeiture proposed against the Licensee in the MO&O/NAL is also set aside, without prejudice to the issuance in the future of a notice of apparent liability to the Licensee proposing a forfeiture for the conduct discussed in the MO&O/NAL. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 0.61, 0.283 and 1.113 of the Commission's Rules, the Memorandum Opinion and Order and Notice of Apparent Liability issued to Big Sky Owners Association, Inc. on February 16, 2007, IS SET ASIDE. 3. IT IS FURTHER ORDERED that the application of Big Sky Owners Association, Inc. for renewal of its license for FM translator Station K257AE, West Fork, Montana (File No. BRFT-20051216AAO) is returned
- http://www.fcc.gov/fcc-bin/audio/DA-08-1416A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1416A1.pdf
- On June 4, 2008, the staff released a letter decision regarding the captioned Petition for Reconsideration filed by WIOO Radio, Inc., (the ``Licensee''). At the time of this action, the staff was unaware that Radio One Licenses, LLC (``Radio One'') had filed on May 29, 2008, a Supplement to Opposition to Petition for Reconsideration (the ``Supplement''). Accordingly, pursuant to Section 1.113(a) of the Commission's Rules (the ``Rules''), the Chief, Audio Division, Media Bureau, on his own motion, SETS ASIDE the Reconsideration Decision to permit consideration of the Supplement. We have before us an April 20, 2007, Petition for Reconsideration (``Petition'') filed by Licensee, seeking reconsideration of the staff's March 19, 2007, action dismissing the referenced application (the ``Application'') for the modification
- http://www.fcc.gov/fcc-bin/audio/DA-08-1693A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1693A1.pdf
- that FPC's Ashbacker rights attached when it submitted its application and pleading on paper after CDBS failed to accept its timely, electronically-filed application. Finally, FPC restates its view that rescinding HFO's construction permit and restoring the status quo is in the public interest. Discussion. Initially, we note that neither the Communications Act of 1934, as amended (the ``Act''), nor Section 1.113(a) of the Rules create a right for third parties to file petitions to rescind an authorization. Rather, such filings are treated as petitions for reconsideration when timely filed. When treated as a petition for reconsideration, however, FPC's pleading is untimely. Section 405 of the Act and Section 1.106(f) of the Rules mandate that petitions for reconsideration must be filed no
- http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2613A1.pdf
- 23, 2009, the staff released a letter regarding the captioned application (``Application'') filed by Brycc House, Inc. (``Brycc''), permittee of Station WXBH-LP, Louisville, Kentucky (``Station''), to modify the Station's construction permit to reflect the terms of a timesharing agreement between Brycc and Fern Creek Traditional High School Alumni Association (``Fern Creek''), licensee of Station WFHS-LP, Louisville, Kentucky. Pursuant to Section 1.113(a) of the Commission's rules (``Rules''), the Chief, Audio Division, Media Bureau, on his own motion, sets aside the November 23, 2009, Staff Action. This document supersedes that decision. We have before us a pleading, styled as a ``Petition to Deny'' (``Petition''), filed on March 22, 2007, on behalf of Fern Creek. The Petition asks that we deny the Application and
- http://www.fcc.gov/fcc-bin/audio/DOC-249534A1.doc http://www.fcc.gov/fcc-bin/audio/DOC-249534A1.pdf
- letter concerns the staff's December 20, 2001 and January 8, 2002 letters, which denied the uncontested December 7, 2001 request filed of Royce International Broadcasting Company (``Royce''), for additional time to construct KIEV(AM), Culver City, California, and set an expiration date of January 31, 2002. We have since learned of an error in these decisions. Accordingly, pursuant to 47 C.F.R. §1.113(a), those actions are rescinded, Royce's request is returned to pending status, and considered herein. As detailed below, Royce's request is denied and Royce is given 84 days to complete construction. Background. The referenced permit has a 17-year history, including two authorizations to relocate the tower site and ten extensions of the permittee's period to construct approved under our former construction
- http://www.fcc.gov/ib/sand/mniab/traffic/files06/CREPOR06.PDF
- 0.720.9 0.227.7 50.5 South America $589,982,403 0.125.6 0.816.6 56.9 $37,098,987 0.013.4 0.025.6 61.0 $29,961,989 0.0 0.0 0.0 0.0100.0 7,865,232,264 0.014.0 1.219.5 65.2 Afghanistan $23,666,210 0.073.0 0.017.7 9.3 $1,282,320 0.0 0.0 0.0 8.0 92.0 $43,391 0.0 0.0 0.0 0.0100.0 101,656,034 0.062.4 0.023.2 14.3 Bangladesh $9,934,674 0.940.2 1.115.9 41.8 $1,988,663 0.0 1.0 0.0 0.2 98.8 $71,292 0.0 0.0 0.068.2 31.8 284,007,937 0.523.6 1.113.4 61.3 Bhutan $121,712 0.0 9.7 0.143.7 46.5 $910 0.0 0.0 0.0 0.0100.0 $299 0.0 0.0 0.0 0.0100.0 801,707 0.0 3.5 0.049.9 46.5 Brunei $951,034 0.026.9 0.031.3 41.8 $169,798 0.0 3.4 0.078.7 17.9 $103 0.0 0.0 0.0 0.0100.0 21,764,316 0.022.9 0.034.3 42.8 Burma $6,341,036 0.033.9 0.3 2.4 63.4 $63,846 0.0 0.0 0.0 0.0100.0 $2,074 0.0 0.0 0.0 0.0100.0 29,460,391 0.024.7 0.2
- http://www.fcc.gov/mb/audio/ssi/audio_allotments.htm
- and Order (R&O), [873]MB Docket 06-65, DA 06-1886, released September 22, 2006. [ [874]PDF | [875]Word ]. Channel 288C3 added to Kinsley, KS. September 6, 2006 FM Table of Allotments, Hemet, CA, Memorandum Opinion and Order (MO&O), DA 06-1766, released September 6, 2006. [ [876]PDF | [877]Word ]. Set aside previous MO&O (DA 06-1465, July 28, 2006) pursuant to Section 1.113. Reinstated the petitions for reconsideration of Southern California Public Radio and Marantha Ministries of Hemet. September 5, 2006 FM Table of Allotments, Eatonton and Lexington, GA, Report and Order (R&O), [878]MB Docket 04-379, DA 06-1764, released September 7, 2006. [ [879]PDF | [880]Word ]. September 5, 2006 FM Table of Allotments, Oak Harbor and Sedro-Wooley, WA, Report and Order (R&O),
- http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
- released September 27, 2006. [ [2421]PDF | [2422]Word ]. Dismissed an application for a new low power FM (LPFM) station in Columbus, OH. September 6, 2006 FM Table of Allotments, Hemet, CA, Memorandum Opinion and Order (MO&O), DA 06-1766, released September 6, 2006. [ [2423]PDF | [2424]Word ]. Set aside previous MO&O (DA 06-1465, July 28, 2006) pursuant to Section 1.113. Reinstated the petitions for reconsideration of Southern California Public Radio and Marantha Ministries of Hemet. September 1, 2006 Triad Broadcasting Company, LLC and Monterrey Licenses, LLC , Letter, DA 06-1741, released September 1, 2006. [ [2425]PDF | [2426]Word ]. Waived the requirement to terminate a joint sales agreement or otherwise come into compliance with Section 73.3555(a)(1)(iii) by September 3, 2006.