FCC Web Documents citing 1.117
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-995A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-995A1.pdf
- Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Maureen A. O'Connell, Esquire, Fox Television Stations, Inc., dated March 19, 2010 (``March 19th Letter''). See id. at 2-3. See id. at 2 (citing Sections 4(i), 4(j), 308(b), and 403 of the Communications Act of 1934, as amended, 47 U.S. C. 154(i), 154(j), 308(b), 403, and Section 1.117 of the Commission's Rules, 47 C.F.R. 1.117). See also Stahlman v. FCC, 126 F.2d 124 (D.C. Cir. 1942); SBC Communications, Inc, Forfeiture Order, 17 FCC Rcd 7589, 7600 28 (2002) (forfeiture paid) (``SBC Communications Order''); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd, 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture
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- 2005, the station's public file did not contain its most recent license application, so the NAL cited Twenty-One Sound for missing its license application. In response to the NAL, Twenty-One Sound stated that its license was renewed on January 21, 2005, so it was not required to have its license renewal application in its public file. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005. Section 73.3526(e)(2) of the Rules states that applications shall be retained
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- Policy and Rules Branch, to Mr. Rick Rhodes, Director of Regulatory Affairs, Chadmoore Communications, Inc., dated November 19, 1999 (Letter Decision). 3 Chadmoore Request for Wide-Area Finder's Preference filed September 18, 1995. 4 See Motion to Accept Chadmoore's Petition for Reconsideration or in the Alternative Review the Merits of Chadmoore's Petition for Reconsideration on its Own Motion Pursuant to Section 1.117 of the FCC's Rules, case no. 95F860, filed December 21,1999 (Motion to Accept). Chadmoore Reply to Nextel's Opposition to Petition for Reconsideration, filed January 14, 2000. 6 47 U.S.C. 405(a); 47 C.F.R 1.106. Federal Communications Commission DA 00-1641 Monday, December 20,1999.7 Chadmoore filed its Petition for reconsideration with the Office of the Secretary on December 21,1999. Pursuant to
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- request for review of the Administrator's decision had elapsed, we concluded, the instant proceeding was not ongoing. In its Petition for Reconsideration, Chawanakee does not dispute that a PRA argument may only be raised in an ongoing proceeding. It argues, however, that the instant proceeding was ongoing at the time when it filed its Request for Review because of section 1.117 of the Commission's rules. Section 1.117 provides that, ``[w]ithin 40 days after public notice is given of any action taken pursuant to delegated authority, the Commission may on its own motion order the record of the proceeding before it for review.'' Chawanakee argues that, within this 40-day period, the Commission ``retains jurisdiction'' and therefore, the administrative proceeding is ongoing. Chawanakee
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- 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, Express
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- the Petition. IV. CONCLUSION AND ORDERING CLAUSES 13. For the reasons stated above, we conclude that Belwen's station license is cancelled pursuant to Section 21.303(d) of the Commission's Rules. With respect to the Belwen's allegation that WONC acted in bad faith by filing its Petition, we find WONC's pleadings are not an abuse of the Commission's processes pursuant to Section 1.117 of the Commission's Rules. In light of our conclusions, we grant WONC's petition for reconsideration only to the extent that it requests that we rescind the grant of the renewal of the license for Station WMI297. 14. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sections
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- 1.4(e), provides that when a filing date falls on a non-business day, such as in this case, the filing is due the next business day. In this case, the thirtieth day fell on Saturday, August 4, 2001. Therefore, the petition was due no later than the next business day, which was Monday, August 6, 2001. See 47 C.F.R. 1.108, 1.117. Exceptions are allowable in cases of administrative error, which is not at issue in this matter. See, e.g., American Trucking Ass'n v. Frisco Transportation Co., 358 U.S. 133, 145-46 (1958); Chlorine Institute v. OSHA, 613 F.2d 120, 123 (5th Cir. 1990). See, e.g., Listener's Guild, Inc. v. FCC, 813 F.2d 465, 469 (D.C. Cir. 1987); Applications of Northwest Broadcasting, Inc.,
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- (requirements for coordination of ATC base stations with SARSAT earth stations and MAT receive sites), and 25.253(g)(2) (requiring all practicable steps to be taken to avoid causing interference with radio astronomy observation in the 1660-1660.5 MHz band). An action is ``administratively final'' when it is no longer subject to reconsideration or review under 47 C.F.R. 1.106, 1.115, or 1.117 or judicial review pursuant to 47 U.S.C. 402. (...continued from previous page) (continued....) Federal Communications Commission DA 04-3553 Federal Communications Commission DA 04-3553 F C E [ @ @ @ @ @ 4 @ 4 @ @ @ @ @ @ @ @ 0 @ @ @ @ @ @ @ @ @ @ @ @
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- application, nor the license renewal. Twenty-One Sound correctly notes that issues-programs lists are only to be retained until final action has been taken on the station's next license renewal application. Twenty-One Sound asserts that it was not required to have any issues-programs lists on March 1, 2005, because its license was renewed on January 21, 2005. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005, and the issues-programs lists from 2004 were required to be maintained
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- grant the license). See In re PCS 2000, L.P., Memorandum Opinion and Order, 12 FCC Rcd. 1681, 1685-86 (1997) (petitioner did not meet the requirements of standing because although it provided sufficient facts to show an injury, it did not adequately explain how denying the pending license would remedy its injury). Id. See 47 C.F.R. 73.3587. See id. 1.117(a). See id. 1.106, 1.115. In re VSS Enterprises, LLC, Memorandum Order and Opinion, 18 FCC Rcd 6225, 6227 (2003). See In re Radio Para La Raza, Memorandum Order and Opinion, 40 FCC 2d 1102 (1973). See Golden State Broadcasting, 102 FCC 2d at 797. 47 U.S.C. 309(e); See also Area Christian Television, Inc., Memorandum Opinion and Order, 60
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- Request for waiver of FY 2009 Reg fees. Denied (September 10, 2010) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon. granted, 10 FCC Rcd 12759 (1995)] Cellco Partnership d/b/a Verizon Wireless - Request for waiver and refund of application fees. Denied (September 10, 2010) See 47 U.S.C. 158(2); 47 C.F.R 1.117] Cornell Blakely Station WKMG 1520 (AM) Request waiver of for FY09 regulatory fee. Granted (September 10, 2010) [See Implementation of Section 9 of the Communications Act, 10 FCC 12759 12761-62 (1995)] Diamond Broadcasting - Request waiver of for FY09 regulatory fee. Denied (September 10, 2010) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 on
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- 2d 862, 864 (1986) (informal objections, like petitions to deny, must contain adequate and specific factual allegations sufficient to warrant the relief requested). See 47 C.F.R. 1.102(b)(1) and (2). The Commission may, within 40 days of the release of public notice announcing an action by delegated authority, call for the record and set aside that action. See 47 C.F.R. 1.117. It did not do so here, and Cameron did not seek a stay of the Reconsideration Decision. See, e.g., Letter to Dennis P. Corbett, Esq. and Katrina C. Gleber, Esq., 22 FCC Rcd. 4795, 4797-98 (MB 2007); and Las Americas Communications, Inc., Memorandum Opinion and Order, 6 FCC Rcd 1507, 1510 (1991) (an applicant opting to construct before the grant
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- 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, 2009; Comment
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-671A1_Rcd.pdf
- 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, 2009; Comment
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- Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Maureen A. O'Connell, Esquire, Fox Television Stations, Inc., dated March 19, 2010 (``March 19th Letter''). See id. at 2-3. See id. at 2 (citing Sections 4(i), 4(j), 308(b), and 403 of the Communications Act of 1934, as amended, 47 U.S. C. 154(i), 154(j), 308(b), 403, and Section 1.117 of the Commission's Rules, 47 C.F.R. 1.117). See also Stahlman v. FCC, 126 F.2d 124 (D.C. Cir. 1942); SBC Communications, Inc, Forfeiture Order, 17 FCC Rcd 7589, 7600 28 (2002) (forfeiture paid) (``SBC Communications Order''); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd, 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture
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- 5944-45 (transfers of grandfathered radio station combinations involving eligible entities). See also 47 C.F.R. 73.3555, Note 2(i), 73.5008(c). Under any scenario, the Court Decision (including its effect on the plans or expectations of any party) does not constitute a tolling event under Section 73.3598(b) of the Commission's Rules. See 47 C.F.R. 73.3598(b). See 47 C.F.R. 1.106, 1.115, 1.117. 47 C.F.R. 73.3598(e). (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 ( 7 z { " PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- to applications filed on or after December 12, 1960. As a result, this section is without current legal effect and is obsolete. In addition, this Order deletes references to section 1.120 from other rules. Specifically, in section 1.4(h), the reference to section 1.120(d) is deleted. The references to section 1.120 are replaced in the following rules with references to section 1.117, the rule that immediately precedes section 1.120: 1.101, 1.207(c), 1.1317(a), 73.1010(a)(1), and 74.5(a)(1). The reference to section 1.120 in section 74.5(a)(2), which is listed as the first rule in Part 1, Subpart B of the Commission's rules, is changed to 1.201, which is the next rule after 1.120 and is also the first rule in Part 1, Subpart B. Part
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- 158(b)(1). See also 47 U.S.C. 158(g) (stating that, "[u]ntil modified pursuant to subsection (b) of this section, the Schedule of Application Fees which the Federal Communications Commission shall prescribe pursuant to Section (a) of this section shall be as follows . . . ") 47 U.S.C. 158(d)(2) (emphasis added) (footnote omitted). 47 C.F.R. 1.1117. 47 C.F.R. 1.117(a)-(e). 47 C.F.R. 1.117(b). 47 U.S.C. 159. See, e.g., Assessment and Collection of Regulatory Fees for Fiscal Year 1999, MD Docket No. 98-200, Report and Order, FCC 99-146 (rel. June 18, 1999). 47 U.S.C. 159(b)(2). 47 U.S.C. 159(b)(3). 47 U.S.C. 159(d) (emphasis added). See 47 C.F.R. 1.1166. See 47 C.F.R. 1.1166 (a)-(d). See 47
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-391A1.doc
- under the control of Clear Channel. To ``unravel'' the transaction, Cumulus believes, would cause undue hardship. We note at the outset that the parties' decision to finalize the Midwest transactions prior to the resolution of the stay request and prior to the decision becoming final under the Commission rules is at their own peril. 47 C.F.R. 47 C.F.R. 1.102, 1.117; see also 8 supra. However, the practice of closing a transaction such as the one at issue here prior to finality is permissible and not uncommon. And we agree with Cumulus that to ``unravel'' the Midwest transaction at this point would, absent a compelling reason, unnecessarily unsettle a complex multi-million dollar business transaction and the professional lives of the
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- A. Kay, Jr., 17 FCC Rcd 1834 (2002) (Decision), which revoked Kay's licenses for several stations in the 800 MHz service. The decision also imposed a $10,000 forfeiture against Kay. The Bureau contends that the Decision should be corrected in minor respects. I. COMMISSION DECISION 2. The Commission found that Kay violated 47 U.S.C. 308(b) and 47 C.F.R. 1.117 by failing to provide information in response to a letter from the Wireless Telecommunications Bureau, which was investigating complaints that Kay's stations underutilized the frequencies on which he was licensed to operate and that he did not have proper authorization to operate stations on United States Forest Service land. Decision at 14-15, 40, 50. The Commission found that Kay
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- of any such alternative would provide any significant benefit over the policies adopted in the Report and Order for processing spectrum leasing applications. See Pro Forma Forbearance Order, 13 FCC Rcd at 6312 36. See 47 U.S.C. 405; 47 C.F.R. 1.106(b); Pro Forma Forbearance Order, 13 FCC Rcd at 6312 36. See 47 C.F.R. 1.108, 1.117. We also note that, should information be brought to our attention at some later date suggesting that the parties to a lease implemented pursuant to this proposed forbearance option had not complied with the requirements and conditions we adopt for such action, the Commission may initiate a formal or informal investigation. See 47 C.F.R. 1.80, 1.89, 1.91, 1.92. See
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
- of any such alternative would provide any significant benefit over the policies adopted in the Report and Order for processing spectrum leasing applications. See Pro Forma Forbearance Order, 13 FCC Rcd at 6312 36. See 47 U.S.C. 405; 47 C.F.R. 1.106(b); Pro Forma Forbearance Order, 13 FCC Rcd at 6312 36. See 47 C.F.R. 1.108, 1.117. We also note that, should information be brought to our attention at some later date suggesting that the parties to a lease implemented pursuant to this proposed forbearance option had not complied with the requirements and conditions we adopt for such action, the Commission may initiate a formal or informal investigation. See 47 C.F.R. 1.80, 1.89, 1.91, 1.92. See
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- 16 FCC Rcd 4291 (2001). See Reinstatement Letters, note 5 supra. We do not here address the question of whether the former Private Radio Bureau had authority to reinstate the subject applications, we will not revisit the issue because the reinstatement action became final on June 24, 1992, 40 days after the date of the Reinstatement Letters. 47 C.F.R. 1.117. See id. Id. Id. Id. Id. Freeze Order, 6 FCC Rcd at 6811. Salzer v. FCC, 778 F.2d 869, 874 (D.C. Cir. 1985), citing Radio Athens, Inc. (WATH) v. FCC, 401 F.2d at 404. Salzer involved, in part, applications filed with the Commission to construct and operate a low power television station. The applicants were rejected by the Commission for
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- See, e.g., BDPCS, Inc., 15 FCC Rcd 17590, 17596-97 (2000) (supplements to application for review that are not filed within 30 days of public notice of the Commission's action on delegated authority and which raise matters on which the delegated authority has not had an opportunity to consider are procedurally deficient and warrant dismissal on their face). 47 C.F.R. 1.117(a); see, e.g., In re Applications of Portland Cellular Partnership Northeast Cellular Telephone Company, L.P., FCC 94-176, para. 6 (rel. June 29, 1994) (Portland Cellular). Portland Cellular, para. 4. See 47 U.S.C. 153(3) (telecommunications service means offering telecommunications for a fee directly to the public); see also Fourth Order on Reconsideration at 5479, para. 290. The terms ``telecommunications'' and ``telecommunications service''
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- spectrum leasing parties would be involved in filing the application. Id. This is consistent with current requirements pertaining to de facto transfer spectrum leasing applications. See Report and Order at 151. Further Notice at 266. Id. at 268; see 47 U.S.C. 405; 47 C.F.R. 1.106(b). Further Notice at 268; see 47 C.F.R. 1.108, 1.117. We also noted that, should information be brought to our attention at some later date suggesting that the parties to a spectrum lease implemented pursuant to this proposed forbearance option had not complied with the requirements and conditions we adopt for such action, the Commission could initiate a formal or informal investigation. Further Notice at 268 n.461; see 47
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- 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 with Sections 1.113(a) and 1.117 of the Commission's Rules. The AFR makes no mention of Bosshard and makes no attempt to distinguish HITN's situation from Bosshard. Instead, HITN repeats its arguments that it was not required to consider the modified facilities of Station WBX257 and that the former Mass Media Bureau erred in processing and granting the Station WBX257 Modification Application. While we agree with
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- Wilburton, Oklahoma, and KMCO(FM), KNED(AM), KTMC(AM), and KTMC-FM, McAlester, Oklahoma (the ``Station Licenses'') to commonly owned entities KESC Enterprises, LLC and Southeastern Oklahoma Radio, LLC. The parties consummated the transactions on January 28, 2005, and on February 1, 2005, KESC Enterprises and Southeastern timely filed applications for the renewal of the Station Licenses. IT IS HEREBY ORDERED, pursuant to Section 1.117 of the Commission's rules, that the record of this proceeding be presented to the Commission for review and consideration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary JOINT STATEMENT OF CHAIRMAN MICHAEL K. POWELL, COMMISSIONER MICHAEL J. COPPS, AND COMMISSIONER JONATHAN S. ADELSTEIN Re: Applications for Assignment of License and Renewal of License for Stations KESC(FM), Wilburton, Oklahoma, and KMCO(FM), KNED(AM),
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- completed construction of Station WLX681 by June 19, 2000, within six months of the January 20, 2000 grant announcement. HITN states that it completed construction of Station WLX681 in the belief that the Rescission Letter was invalid because it was released more than forty days after the January 20, 2000 grant, in contravention of the requirements of Sections 1.108 and 1.117 of the Commission's Rules. HITN argues that it has relied to its detriment on the January 20, 2000 grant, and that reversal of the rescission and grant of HITN's application for review will further the public interest by allowing HITN promptly to commence service to the Portland market. HITN states that Station WLX681 is constructed, but is not operating in
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- station's public inspection file until final action has been taken on the station's next license renewal application. The renewal grant becomes final 40 days after public notice of the grant of the renewal application, unless a petition for reconsideration or application for review is timely filed or the Commission otherwise sets aside the grant. See 47 C.F.R. 1.106, 1.115, 1.117. 47 U.S.C. 309(k)(1). The renewal standard was amended to read as described by Section 204(a) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. 309(k)(2), 309(k)(3). See e.g.,
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- station's public inspection file until final action has been taken on the station's next license renewal application. The renewal grant becomes final 40 days after public notice of the grant of the renewal application, unless a petition for reconsideration or application for review is timely filed or the Commission otherwise sets aside the grant. See 47 C.F.R. 1.106, 1.115, 1.117. See 47 C.F.R. 1.1914. In the event of an assignment of any of the Stations, this continuing obligation will run to the assignee with regard to each Station assigned. Federal Communications Commission FCC 08-213 Federal Communications Commission FCC 08-213
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- 2005, the station's public file did not contain its most recent license application, so the NAL cited Twenty-One Sound for missing its license application. In response to the NAL, Twenty-One Sound stated that its license was renewed on January 21, 2005, so it was not required to have its license renewal application in its public file. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005. Section 73.3526(e)(2) of the Rules states that applications shall be retained
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- February 24, 2009 By the Commission: The Commission has before it the captioned modification applications (collectively, the ``Applications'') of New Inspiration Broadcasting Company, Inc., licensee of Station KKLA-FM, Los Angeles, California and Mitchell Media, Inc., licensee of Station KMRJ(FM), Rancho Mirage, California. On January 8, 2009, the Media Bureau staff granted the Applications. IT IS HEREBY ORDERED, pursuant to Section 1.117(b) of the Commission's Rules (the ``Rules''), that the Bureau actions granting the Applications (File Nos. BPH-20061023AFU and BPH-20061023AFU) ARE SET ASIDE and the Applications ARE RETURNED TO PENDING STATUS. IT IS FURTHER ORDERED, pursuant to Section 1.117(a) of the Rules, that the record of the captioned application proceedings be presented to the Commission for review and consideration. FEDERAL COMMUNICATIONS COMMISSION
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- announced in the December 15th ALJ Order to account for any delays caused by the Bureau's recent actions. Further, as instructed in the HDO, the presiding Administrative Law Judge shall issue recommended decisions and remedies, if any, to the Commission as expeditiously as possible, consistent with the mandates of fairness and due process. Accordingly, IT IS ORDERED, pursuant to Section 1.117 of the Commission's rules, 47 C.F.R. 1.117, that the December 24th Order, the December 31st Order and the January 16th Order ARE HEREBY RESCINDED. IT IS FURTHER ORDERED that the presiding Administrative Law Judge will issue a Further Revised Procedural and Hearing Order and proceed expeditiously to issue recommended decisions and recommended remedies, if necessary, as discussed herein. IT
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- Congress disapproves the rule 60 days after the rule is reported to Congress or is published in the Federal Register (if it is published), whichever is later. 5 U.S.C. 804(2). 47 C.F.R. 1.4(j). 47 C.F.R. 1.4(e)(1) (definition of ``holiday''). See, e.g., 47 C.F.R. 1.108 (Commission reconsideration on its own motion within 30 days); 47 C.F.R. 1.117 (Commission review of staff action under delegated authority within 40 days). 47 C.F.R. 1.4(a). 47 C.F.R. 1.4(j) (if ``the filing date falls on a holiday, the document shall be filed on the next business day''); 1.4(e)(1) (definition of ``holiday''). Petitions for reconsideration must be filed within 30 days from the date public notice is given of the Commission
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-65A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-65A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-65A1.txt
- from Little Dixie to Southeastern Oklahoma Radio, LLC (``Southeastern''); and the licenses for Stations KTMC(AM) and KTMC-FM, McAlester, Oklahoma, from Bottom Line Broadcasting, Inc. (``Bottom Line'') to Southeastern (the licenses for the aforementioned stations collectively, the ``Station Licenses''). For the reasons set forth below, we find that the public interest would not be served by exercising our authority under Section 1.117 of the Commission's Rules to modify or reverse the Bureau's action. II. BACKGROUND The Assignment Applications were filed on June 10, 2004. The applications and documents requested by the Media Bureau (``Bureau'') and provided by Little Dixie and Bottom Line disclosed that, on April 1, 2003, Little Dixie/Bottom Line President and sole shareholder Gene Stipe pled guilty to several criminal
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- shall be filed on the next business day. See paragraph (e)(1) of this section.''), 1.4(e)(1) (defining ``holiday'' to mean ``Saturday, Sunday, officially recognized Federal legal holidays and any other day on which the Commission's offices are closed and not reopened prior to 5:30 p.m.''). See, e.g., id. 1.108 (Commission reconsideration on its own motion within 30 days); id. 1.117 (Commission review of staff action under delegated authority within 40 days). Cf. Fed. R. Civ. P. 6(a)(1)(C) (when computing ``any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time,'' if the last day of the period in question ``is a Saturday, Sunday, or
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-183A1_Rcd.pdf
- S-band spectrum being executed.115 On May 6, 2010, TerreStar and LightSquared entered into two agreements: the first was a 90-day exclusive agreement whereby both parties agreed to negotiate in good faith on a pooling arrangement for the S-band spectrum;116 and the second was an agreement for LightSquared to purchase satellite minutes of voice and data transmission and satellite capacity on TerreStar-1.117 61. On October 19, 2010, TerreStar announced that TerreStar Networks, Inc. and other affiliates were filing petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code. TerreStar Networks entered into an agreement with EchoStar Corporation, a secured creditor, to provide TerreStar with a $75 million debtor-in-possession financing facility which would be used to continue operations during the restructuring process.118
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- application, nor the license renewal. 22Twenty-One Sound correctly notes that issues-programs lists are only to be retained until final action has been taken on the station's next license renewal application. Twenty-One Sound asserts that it was not required to have any issues-programs lists on March 1, 2005, because its license was renewed on January 21, 2005. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005, and the issues-programs lists from 2004 were required to be maintained in
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-33A1.html
- 2005, the station's public file did not contain its most recent license application, so the NAL cited Twenty-One Sound for missing its license application. In response to the NAL, Twenty-One Sound stated that its license was renewed on January 21, 2005, so it was not required to have its license renewal application in its public file. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. S: 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005. Section 73.3526(e)(2) of the Rules states that applications shall be retained
- http://transition.fcc.gov/eb/Orders/2010/DA-10-995A1.html
- Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Maureen A. O'Connell, Esquire, Fox Television Stations, Inc., dated March 19, 2010 ("March 19th Letter"). See id. at 2-3. See id. at 2 (citing Sections 4(i), 4(j), 308(b), and 403 of the Communications Act of 1934, as amended, 47 U.S. C. S:S: 154(i), 154(j), 308(b), 403, and Section 1.117 of the Commission's Rules, 47 C.F.R. S: 1.117). See also Stahlman v. FCC, 126 F.2d 124 (D.C. Cir. 1942); SBC Communications, Inc, Forfeiture Order, 17 FCC Rcd 7589, 7600 P: 28 (2002) (forfeiture paid) ("SBC Communications Order"); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd, 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture
- http://transition.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
- 0.622* (0.257) 0.367* (0.124) 0.730* (0.369) Number of Black- Owned Stations 1.152* (0.083) 0.685* (0.101) 1.312* (0.119) 0.900* (0.130) Number Hisp.- Owned 2.136* (0.163) 1.144* (0.150) 2.537* (0.166) 1.518* (0.167) Number of Stations -0.018 (0.019) 0.038 (0.026) 0.049* (0.016) 0.092* (0.022) Number of Formats 0.073 (0.047) -0.046 (0.056) -0.144* (0.038) -0.191* (0.044) Black Pop. 1993 6.063* (1.061) 7.383* (1.329) 9.823* (1.117) Black Pop. Sq. 1993 -2.058* (0.478) -3.032* (0.628) -2.500* (0.380) Hisp. Pop. 1993 8.975* (0.891) 9.520 (1.115) Hisp. Pop. Sq. 1993 -2.246* (0.299) -2.440 (0.038) R-sq. 0.4406 0.5393 0.3358 0.4340 0.4136 0.6834 0.4908 0.6753 N 244 244 244 244 244 244 244 244 44 Note: Standard errors in parentheses. Asterisk indicates 95 percent significance level. 45 Table 10: Longitudinal Evidence
- http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
- Terms and Conditions for January 13, 1997 Auction of Cellular 42 Unserved Phase I and Phase II Service Areas, DA 96-1850 (Nov. 8, 1996); Public Notice, FCC Announces Auction of 900 Mhz Specialized Mobile Radio Service, No. AUC-95-07 (Sept. 15, 1995); Public Notice, FCC Announces Auction of Multipoint Distribution Service, No. AUC-95-06 (Sept. 5, 1995). See 47 C.F.R. 1.115, 1.117. 43 12 1.2110(b)(2) to read as follows: "Blacks, Hispanics, American Indians, Alaskan Natives, Asians, and Pacific Islanders." With regard to the meaning of particular categories in the definition, we shall use the same category descriptions the Commission has relied on in other contexts.40 15. Delegated authority. We also clarify that pursuant to Section 0.131 of our rules, the Chief, Wireless
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- a hearing case to determine which pending application should be granted, and the applicant facing a potential forfeiture is dismissed pursuant to a settlement agreement or otherwise, and the presiding judge has not made a determination on the forfeiture issue, the order of dismissal shall be forwarded to the attention of the full Commission. Within the time provided by 1.117, the Commission may, on its own motion, proceed with a determination of whether a forfeiture against the dismissing applicant is warranted. If the Commission so proceeds, it will provide the applicant with a reasonable opportunity to respond to the forfeiture issue (see paragraph (f)(3) of this section) and make a determination under the procedures outlined in paragraph (f) of this
- http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00041.doc
- a hearing case to determine which pending application should be granted, and the applicant facing a potential forfeiture is dismissed pursuant to a settlement agreement or otherwise, and the presiding judge has not made a determination on the forfeiture issue, the order of dismissal shall be forwarded to the attention of the full Commission. Within the time provided by 1.117, the Commission may, on its own motion, proceed with a determination of whether a forfeiture against the dismissing applicant is warranted. If the Commission so proceeds, it will provide the applicant with a reasonable opportunity to respond to the forfeiture issue (see paragraph (f)(3) of this section) and make a determination under the procedures outlined in paragraph (f) of this
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-97.pdf
- 0.0 0.0 0.0 0.0100.0 $0 Caribbean 2,39729.211.0 6.5 6.147.1 $3,246,88254.024.4 0.0 4.317.3 $24,450,76430.416.7 3.812.136.9 $20,700100.0 0.0 0.0 0.0 0.0 Belize 7 0.071.4 0.014.314.3 $0 $117,237 0.082.9 0.0 4.612.4 $0 Canada 56,45843.728.615.4 0.611.7 $2,328,354 2.496.8 0.0 0.8 0.0 $60,025,75860.316.814.4 0.9 7.6 $4,726,75849.945.3 0.0 0.0 4.8 Costa Rica 19145.537.7 0.5 1.614.7 $83,52637.362.7 0.0 0.0 0.0 $3,564,64237.647.1 0.7 2.212.4 $0 El Salvador 8752.913.814.9 1.117.2 $52,84420.779.3 0.0 0.0 0.0 $1,315,87765.311.5 7.8 1.014.4 $0 Guatemala 6523.133.812.3 3.127.7 $90,157 0.0100.0 0.0 0.0 0.0 $1,225,43334.634.2 0.5 3.327.5 $0 Honduras 80 5.021.210.0 8.755.0 $41,81850.549.5 0.0 0.0 0.0 $1,005,14311.127.8 2.716.042.5 $0 Mexico 16,68267.822.5 7.9 0.2 1.6 $2,439,983 0.789.3 0.0 9.9 0.0 $31,509,59463.122.1 8.2 3.2 3.4 $0 Nicaragua 34 2.920.658.8 0.017.6 $43,09558.841.2 0.0 0.0 0.0 $215,668 0.034.929.8 0.035.4 $0 Panama 918
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-98.pdf
- 0.020.2 206,423,16947.8 1.426.713.610.6 Asia $3,449,571,10849.1 2.029.011.0 8.8 $522,845,96347.5 0.034.612.3 5.7 $77,624,56081.3 0.0 7.6 1.2 9.9 6,217,941,04441.6 2.329.612.114.4 Australia $186,943,77761.7 0.417.112.5 8.4 $72,246,50169.9 0.011.8 5.412.9 $7,610,35313.3 0.082.9 3.4 0.4 706,388,41733.3 1.419.212.533.7 Cook Islands $1,306,79815.0 0.248.0 0.136.7 $22,743 0.0 0.0 0.6 0.099.4 $950,859100.0 0.0 0.0 0.0 0.0 974,26312.8 0.325.9 0.061.0 Fiji $9,836,66765.7 0.618.6 5.9 9.2 $1,761,04058.2 0.020.810.110.9 $423,21385.7 0.010.1 0.6 3.6 8,551,12958.7 1.117.1 6.616.5 French Polynesia $5,522,84820.8 0.6 9.3 4.165.2 $1,260,34459.0 0.016.1 0.024.9 $621,85589.1 0.0 7.3 0.0 3.7 9,912,83412.8 0.6 7.6 2.676.4 Kiribati $354,22042.5 1.7 9.9 5.240.7 $14,244 0.0 0.020.2 0.079.8 $43,69699.3 0.0 0.0 0.0 0.7 316,22723.6 2.8 9.7 5.558.4 Marshall Islands $2,753,47748.7 0.221.2 6.123.7 $543,90229.5 0.024.1 9.636.8 $169,36275.1 0.0 0.2 0.024.7 3,283,78336.8 0.523.4 7.531.8 Micronesia, Federated States of $5,361,52654.7 0.122.4 4.318.5 $508,57616.7
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- type of radio service envisioned by the experimenter -- in this case, Diversified -- should be allowed. In sum, we affirm the staff's action in granting Diversified an experimental STA for Washington, D.C. . Accordingly, IT IS ORDERED that, pursuant to Section 303 of the Communications Act of 1934, as amended, 47 U.S.C. 303, and Sections 1.106, 1.115, and 1.117 of the Rules, 47 C.F.R. 1.106, 1.115, and 1.117, the Petition for Reconsideration filed on August 19, 1998 by DirecTV, Inc., the "Application for Expedited Review and Request for Immediate Suspension of Testing" filed on June 25, 1999 by DirecTV, Inc., and the "Emergency Petition for Cease and Desist Order" filed July 26, 1999 by EchoStar Satellite Corporation and
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- application, nor the license renewal. 22Twenty-One Sound correctly notes that issues-programs lists are only to be retained until final action has been taken on the station's next license renewal application. Twenty-One Sound asserts that it was not required to have any issues-programs lists on March 1, 2005, because its license was renewed on January 21, 2005. However, pursuant to Section 1.117 of the Rules, an action issued pursuant to delegated authority is not final until 40 days after public notice of the action. 47 C.F.R. 1.117. Public Notice of Twenty-One Sound's license renewal was published on January 26, 2005. Thus, its renewal was not final on March 1, 2005, and the issues-programs lists from 2004 were required to be maintained in
- http://www.fcc.gov/eb/Orders/2010/DA-10-995A1.html
- Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Maureen A. O'Connell, Esquire, Fox Television Stations, Inc., dated March 19, 2010 ("March 19th Letter"). See id. at 2-3. See id. at 2 (citing Sections 4(i), 4(j), 308(b), and 403 of the Communications Act of 1934, as amended, 47 U.S. C. S:S: 154(i), 154(j), 308(b), 403, and Section 1.117 of the Commission's Rules, 47 C.F.R. S: 1.117). See also Stahlman v. FCC, 126 F.2d 124 (D.C. Cir. 1942); SBC Communications, Inc, Forfeiture Order, 17 FCC Rcd 7589, 7600 P: 28 (2002) (forfeiture paid) ("SBC Communications Order"); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd, 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture
- http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.pdf
- grant the license). See In re PCS 2000, L.P., Memorandum Opinion and Order, 12 FCC Rcd. 1681, 1685-86 (1997) (petitioner did not meet the requirements of standing because although it provided sufficient facts to show an injury, it did not adequately explain how denying the pending license would remedy its injury). Id. See 47 C.F.R. 73.3587. See id. 1.117(a). See id. 1.106, 1.115. In re VSS Enterprises, LLC, Memorandum Order and Opinion, 18 FCC Rcd 6225, 6227 (2003). See In re Radio Para La Raza, Memorandum Order and Opinion, 40 FCC 2d 1102 (1973). See Golden State Broadcasting, 102 FCC 2d at 797. 47 U.S.C. 309(e); See also Area Christian Television, Inc., Memorandum Opinion and Order, 60
- http://www.fcc.gov/fcc-bin/audio/DA-10-369A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-369A1.pdf
- 2d 862, 864 (1986) (informal objections, like petitions to deny, must contain adequate and specific factual allegations sufficient to warrant the relief requested). See 47 C.F.R. 1.102(b)(1) and (2). The Commission may, within 40 days of the release of public notice announcing an action by delegated authority, call for the record and set aside that action. See 47 C.F.R. 1.117. It did not do so here, and Cameron did not seek a stay of the Reconsideration Decision. See, e.g., Letter to Dennis P. Corbett, Esq. and Katrina C. Gleber, Esq., 22 FCC Rcd. 4795, 4797-98 (MB 2007); and Las Americas Communications, Inc., Memorandum Opinion and Order, 6 FCC Rcd 1507, 1510 (1991) (an applicant opting to construct before the grant
- http://www.fcc.gov/fcc-bin/audio/FCC-09-12A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-09-12A1.pdf
- February 24, 2009 By the Commission: The Commission has before it the captioned modification applications (collectively, the ``Applications'') of New Inspiration Broadcasting Company, Inc., licensee of Station KKLA-FM, Los Angeles, California and Mitchell Media, Inc., licensee of Station KMRJ(FM), Rancho Mirage, California. On January 8, 2009, the Media Bureau staff granted the Applications. IT IS HEREBY ORDERED, pursuant to Section 1.117(b) of the Commission's Rules (the ``Rules''), that the Bureau actions granting the Applications (File Nos. BPH-20061023AFU and BPH-20061023AFU) ARE SET ASIDE and the Applications ARE RETURNED TO PENDING STATUS. IT IS FURTHER ORDERED, pursuant to Section 1.117(a) of the Rules, that the record of the captioned application proceedings be presented to the Commission for review and consideration. FEDERAL COMMUNICATIONS COMMISSION
- http://www.fcc.gov/fcc-bin/audio/FCC-10-65A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-65A1.pdf
- from Little Dixie to Southeastern Oklahoma Radio, LLC (``Southeastern''); and the licenses for Stations KTMC(AM) and KTMC-FM, McAlester, Oklahoma, from Bottom Line Broadcasting, Inc. (``Bottom Line'') to Southeastern (the licenses for the aforementioned stations collectively, the ``Station Licenses''). For the reasons set forth below, we find that the public interest would not be served by exercising our authority under Section 1.117 of the Commission's Rules to modify or reverse the Bureau's action. II. BACKGROUND The Assignment Applications were filed on June 10, 2004. The applications and documents requested by the Media Bureau (``Bureau'') and provided by Little Dixie and Bottom Line disclosed that, on April 1, 2003, Little Dixie/Bottom Line President and sole shareholder Gene Stipe pled guilty to several criminal
- http://www.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
- 0.622* (0.257) 0.367* (0.124) 0.730* (0.369) Number of Black- Owned Stations 1.152* (0.083) 0.685* (0.101) 1.312* (0.119) 0.900* (0.130) Number Hisp.- Owned 2.136* (0.163) 1.144* (0.150) 2.537* (0.166) 1.518* (0.167) Number of Stations -0.018 (0.019) 0.038 (0.026) 0.049* (0.016) 0.092* (0.022) Number of Formats 0.073 (0.047) -0.046 (0.056) -0.144* (0.038) -0.191* (0.044) Black Pop. 1993 6.063* (1.061) 7.383* (1.329) 9.823* (1.117) Black Pop. Sq. 1993 -2.058* (0.478) -3.032* (0.628) -2.500* (0.380) Hisp. Pop. 1993 8.975* (0.891) 9.520 (1.115) Hisp. Pop. Sq. 1993 -2.246* (0.299) -2.440 (0.038) R-sq. 0.4406 0.5393 0.3358 0.4340 0.4136 0.6834 0.4908 0.6753 N 244 244 244 244 244 244 244 244 44 Note: Standard errors in parentheses. Asterisk indicates 95 percent significance level. 45 Table 10: Longitudinal Evidence