FCC Web Documents citing 73.3568
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- Broadcasting Corporation, 2 FCC Rcd 4468, 4480-4481 (ALJ Stirmer, 1987); Radio Greenbrier, Inc., 80 FCC 2d 125, 126-135 (ALJ Lozner, 1979). The staff will dismiss, without further processing, the previously filed FCC Form 175 application and technical submission of any applicant that fails to file an amendment addressing the Section 307(b) criteria by December 29, 2000. See 47 C.F.R. 73.3568(a)(1). Submitted Section 307(b) data must be based on the technical proposal as specified in the AM Auction filing window application. Mutually exclusive AM applicants may not change the technical proposal specified in the AM Auction filing window application, except as provided, supra. See Broadcast First Report and Order, 13 FCC Rcd at 15976. If a mutually exclusive group which is
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- filing of a timely renewal application. Applies to Table C and D only. For example, the licensee or applicant could submit a copy of the authorization containing the disputed information. See 47 C.F.R. 21.303, 74.932(d). Authorized representative refers to persons listed in 47 C.F.R. 1.917 (e.g. individual, partner, corporate officer or director etc.). See 47 C.F.R. 21.28(d), 73.3568(a)(1). PUBLIC NOTICE Approved by OMB 3060-0893 Estimated time per response: .50 hours Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 8 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- deny), February 1, 2000 (opposition to the petition to deny), February 10, 2000 (reply) and January 4, 2001 (supplement to the reply); January 2, 2000 would be the filing date. See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001). See 47 C.F.R. 21.28(d), 73.3568(a)(1). PUBLIC NOTICE Approved by OMB 3060-0893 Estimated time per response: .50 hours Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 73.3534(a) of the Commission's Rules, 47 C.F.R. 73.3534(a), that the license for ITFS Station WLX599, Pembroke, Georgia, is deemed forfeited as of January 17, 1997. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 73.3568 of the Commission's Rules, 47 C.F.R. 73.3568, that the Licensing and Technical Analysis Branch shall DISMISS File No. BMPLIF-950914KD. Finally, IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309 and Section 74.912 of the Commission's Rules, 47 C.F.R. 74.912, that the Petition to Dismiss
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- Act of 1934, as amended, 47 U.S.C. 154(i), and Section 73.3534(a) of the Commission's Rules, 47 C.F.R. 73.3534 (a), that the license for ITFS Station WLX601, Bloomingdale, Georgia, is DEEMED FORFEITED as of March 18, 1997. IT IS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 73.3568 of the Commission's Rules, 47 C.F.R. 73.3568, that the Licensing and Technical Analysis Branch SHALL DISMISS File No. BMPLIF-950914IU. Finally, IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309 and Section 74.912 of the Commission's Rules, 47 C.F.R. 74.912, that the Petition to Dismiss
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- has not responded to the October Public Notice. In the October Public Notice, WTB indicated, ``For any applications for which written affirmations requesting further processing have not been received, those applications will be dismissed without prejudice.'' Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and Section 21.28(d) and 73.3568(a)(1) of the Commission's Rules, 47 C.F.R. 21.28(d), 73.3568(a)(1), the applications listed in Appendix A and Appendix B to this Public Notice ARE HEREBY DISMISSED WITHOUT PREJUDICE. In addition, as a result of the dismissal of the applications listed in Appendices A and B, certain legal matters are now moot. Those legal matters consist of petitions to deny or petitions
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- respond to the October Public Notice. In the October Public Notice, WTB indicated, ``For any legal matter for which written affirmations requesting further processing have not been received, those legal matters will be dismissed with prejudice.'' Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and Section 21.28(d) and 73.3568(a)(1) of the Commission's Rules, 47 C.F.R. 21.28 (d), 73.3568(a)(1), the legal matters listed in Appendix A to this Public Notice ARE HEREBY DISMISSED WITH PREJUDICE. WTB also requested petitioners of legal matters pending before the Bureau to review the list of pending matters in the October Appendix. If a pending matter was omitted from the October Appendix, WTB required
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- for Rule Making filed by Renaissance Community Improvement Association, Inc. IS DISMISSED. 4. IT IS FURTHER ORDERED, That this proceeding IS TERMINATED. 5. 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 Keno, Oregon, 14 FCC Rcd 13907 (MMB 1999). See 47 C.F.R. 73.3568(a)(1). (...continued from previous page) (continued....) Federal Communications Commission DA 04-2053 Federal Communications Commission DA 04-2053 # Q R F
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- amendments to pending commercial radio station applications filed on the June 2002 versions of these forms. These applicants were required to demonstrate compliance with the new local radio ownership rules or to request a waiver of these rules. No amendments have been received for the applications listed in Attachment A. Accordingly, the Bureau is dismissing these applications pursuant to Section 73.3568(a)(1) of the Commission's rules. Applications and Amendments Filed on 2001 and Earlier Versions of Forms 301, 314 and 315. Pending before the Bureau are a number of commercial radio station applications filed prior to the effective date of the June 2002 versions of Forms 301, 314, and 315. This includes both paper- and electronically-filed applications. These applications also must be
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- the case that certain of this information may not be material to the staff's Section 307(b) determination. See Broadcast First Report and Order, 13 FCC Rcd at 15976. NCE applicants that failed to successfully resolve mutual exclusivities are returned as unacceptable for filing and therefore do not submit Section 307(b) information. See 47 C.F.R. 73.5002(c). See 47 C.F.R. 73.3568(a)(1). The CDBS file number issued to the Section I and Section III-A Tech Box Form 301 filed in the AM Auction No. 84 filing window is listed in Attachment A to this public notice. Section 73.503(a) of the Commission's rules states that an NCE broadcast station ``will be licensed only to a nonprofit educational organization and upon showing that the
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- filed prior to the effective date of the June 2002 versions of these forms. Each of these applicants was required to demonstrate compliance with the new local radio ownership rules or to request a waiver of these rules. No amendments have been received for the applications listed in Attachment A. Accordingly, the Bureau is dismissing these applications pursuant to Section 73.3568(a)(1) of the Commission's rules. Action by the Chief, Media Bureau. For further information, contact Peter H. Doyle or James Bradshaw of the Audio Division, Media Bureau, at (202) 418-2700. FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it has approval from
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- station at Sahuarita, Arizona, pursuant to the procedures set forth in the Commission's rules. With its application, GVB must simultaneously submit the required filing fee for a new commercial AM radio station and an FCC Form 159, Remittance Advice. Failure timely to file the long-form application will result in dismissal of the application for failure to prosecute, pursuant to Section 73.3568 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg, Chief, Media 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
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- proceeding, including the parties' responses to the staff's March 18, 2004, inquiry letter, documents produced by the parties, and evidence of which the staff takes administrative notice, we conclude that Fatima Response, Inc. (``FRI''), as currently incorporated, is not the FRI that originally filed the above-referenced application, and that FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. Moreover, because FRI's membership has undergone two major changes since its application was filed, the application must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we dismiss FRI's application. Background. On November 8, 1995, FRI, doing business as St. Michael's Catholic Radio, filed the above-referenced application. According to the original application, FRI's address was 2044 Beverly
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- Great Scott responded on July 29, 2003, advising that the FAA study remained pending and that it should be completed in the near term. When, nearly ten months later, the Commission had received no further communications updating the status of the FAA's review, on April 13, 2004, the Bureau dismissed the Application for Great Scott's failure to prosecute under Section 73.3568(a)(1) of the Commission's Rules. On May 17, 2004, Great Scott filed a Petition for Reconsideration of the dismissal of its Application. That Petition was denied by the Bureau in a decision dated August 26, 2004. On September 30, 2004, Great Scott filed the subject Petition, seeking reconsideration of the Bureau's denial of the earlier Petition for Reconsideration. In its Petition,
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- ANA,INC.,D/B/A/TRINTYBRO BNPTT 20000831CON 131324 22 ELKINS WV TRINITY CHRISTIAN CENTER OF SANTA ANA,INC.D/B/A TRINITY BROA BNPTTL 20000802ACY 125386 46 ASHLAND OR VERONICA O. FRIAS BNPTTL 20000803AAU 125061 43 BANGOR/DEDHAM ME VIDEOMAINE.COM BMJPTTL 20000829AWD 10560 26 CASPER WY WYOMEDIA CORP. See ``LTPV and TV Translator Applications - Non-Mutually Exclusive,'' Public Notice, DA 06-2291, released November 13, 2006. See 47 C.F.R. 73.3568(a)(1) that provides that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . .'' 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 - ) * 0 1 3 4 9
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- the staff's February 17, 2004, inquiry letter, documents produced by the parties with their Petitions for Reconsideration, and evidence of which the staff takes administrative notice, we conclude that FRI, as currently incorporated, is not the FRI that originally filed the above-referenced FRI Keno application, and that the original FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. We likewise find that RCIA, as incorporated, is not composed of the same parties the above-referenced original RCIA Keno application, and that those original parties have failed to prosecute their application. Moreover, because both FRI's and RCIA's membership has undergone major changes since their applications were filed, the applications must be dismissed under Section 73.3573(a)(1) of our
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- WOKB-LP BSFDTL 20060630CQS 26 ORLANDO FL RAMA COMMUNICATIONS, INC. WPTG-LP BSFDTL 20060630DBY 21 PITTSBURGH PA ABACUS TELEVISION WWVW-LP BSFDTL 20060630DCA 15 WHEELING,ETC. WV ABACUS TELEVISION WXXU-LP BSFDTL 20060630CQR 9 ALTAMONTE SPRINGS FL RAMA COMMUNICATIONS, INC. See ``LTPV and TV Translator Digital Companion Channel Applications - Non-Mutually Exclusive Proposals,'' Public Notice, DA 06-1748, released August 31, 2006. See 47 C.F.R. 73.3568(a)(1) that provides that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . . .'' 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 6 7 r s (R)
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- response to the Public Notice. On November 12, 2003, the Branch returned the Application because the proposed tower structure appeared to require registration with the Commission and obtaining FAA clearance. The Return Letter specifically warned WPV, ``Amending your application without making all the necessary changes and/or providing the requested information may result in dismissal of your application pursuant to Section 73.3568. If you do not file an Amendment within 60 days of the date of this letter, your application will be dismissed.'' WPV did not file an amendment within the required period. Instead, on January 13, 2004, WPV's counsel submitted a letter informing the Commission that the proposed transmitter site ``needed to be relocated to accommodate FAA clearance . . .''
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- TECHNOLOGIES GROUP, LLC BNPTTL 20000831APK 52 SERGEANT BLUFF IA VENTURE TECHNOLOGIES GROUP, LLC BNPTTL 20000831AVQ 57 QUINCY IL VENTURE TECHNOLOGIES GROUP, LLC BNPTTL 20000831BCN 23 CAMP POINT IL VENTURE TECHNOLOGIES GROUP, LLC See ``LTPV and TV Translator Applications - Non-Mutually Exclusive Proposals,'' Public Notice, DA 07-3087 (MB/WTB released July 10, 2007). See 47 C.F.R. 73.5005(d). See 47 C.F.R. 73.3568(a)(1) that provides in part that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . . .'' 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 $ ' > > ?
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- 20060630BHQ KANAB UT WESTERN KANE COUNTY SPECIAL SERVICE DISTRICT #1 BSFDTT 20060630DCW MARION, ETC. VA AURORA LICENSE HOLDINGS, INC. BSFDTT 20060630AOQ EVANSTON, ETC. WY UNIVERSITY OF UTAH See ``LTPV and TV Translator Digital Companion Channel Applications - Non-Mutually Exclusive Proposals (Auction No. 85),'' Public Notice, 22 FCC Rcd 5313 (MB/WTB 2007). See 47 C.F.R. 73.5005(d). See 47 C.F.R. 73.3568(a)(1) that provides in part that an application will be dismissed for ``failure to prosecute . . . or failure to respond to official correspondence or request for additional information . . . .'' 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 " %
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- being sought. 47 C.F.R. 73.3525(i). See 47 C.F.R. 73.3525(a). Affidavits shall be executed by the applicant, permittee, or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. See 47 C.F.R. 73.3525(f). See 47 C.F.R. 73.3525(c) and 73.3568. See FCC Adopts Limit for NCE FM New Station Applications in October 12 - October 19, 2007 Window, Public Notice, FCC 07-179, MM Docket No. 95-31 (October 10, 2007). 47 U.S.C. 307(b). If we find that a proposed dismissal will impede the Section 307(b) objectives, we may require republication of local public notice in the community of the dismissing
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- the applicant. On November 12, 2003, the 1992 Application was returned because the proposed tower structure appeared to require Federal Aviation Administration (FAA) clearance and registration with the Commission. The Return Letter specifically notified WPV that ``[a]mending your application without making all the necessary changes and/or providing the requested information may result in dismissal of your application pursuant to Section 73.3568. If you do not file an Amendment within 60 days of the date of this letter, your application will be dismissed.'' WPV did not file an amendment within the required period. Instead, on January 13, 2004, WPV's counsel submitted a letter informing the Commission that the proposed transmitter site ``needed to be relocated to accommodate FAA clearance. . . .''
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- for corrective amendment pursuant to Section 73.3522. Further action on the subject applications will be withheld for a period of 30 days from the date of this letter to provide the applicants an opportunity to respond. Failure to provide a curative amendment to each application within this time period will result in the dismissal of the applications pursuant to Section 73.3568(a)(1). Please note that any amendment must be signed and filed in the same manner as the original application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Joyner Radio, Inc. Regent Broadcasting of Peoria, Inc. See 47 C.F.R. 73.3517. See id. at 73.207. See Second Report and Order (``R&O''), MM Docket No. 88-375, 4 FCC Rcd 6375
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- No. BNP-20041029AIW, will be withheld for a period of 30 days from the date of this letter to provide Rainey a final opportunity either to amend the Application or to notify the Commission that it wishes to pursue the Application as earlier amended. Failure to respond within this time period will result in dismissal of the Application pursuant to Section 73.3568 of the Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau File No. BNP-20041029AIW (the ``Application''). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Mark N. Lipp, Esq., Letter (MB June 6,
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- (1997) (applicant unaware of payment deadline set by public notice bears responsibility for failure to meet the deadline). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Silver Springs Communications, Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. denied, 4 FCC Rcd 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in
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- (1997) (applicant unaware of payment deadline set by public notice bears responsibility for failure to meet the deadline). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Silver Springs Communications, Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. denied, 4 FCC Rcd 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in
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- FCC Rcd 22424 (2003)(``it is the applicant who has responsibility ultimately for the timely submission of the application.''). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Federal Communications Commission Washington, D.C. 20554 October 24, 2008 %PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r AR\ )]h]eM8I̟`?K^ ?CAUU
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- the Commission's Rules, 47 C.F.R. 1.2104(g), Cyril H. Miller will be subject to a final default payment for the defaulted high bid for LPTV construction permit MX Group 141 in Auction 81 once the spectrum associated with the LPTV construction permit is re-auctioned and the full default payment amount is determined. IT IS FURTHER ORDERED that, pursuant to Section 73.3568(a)(3) of the Commission's Rules, 47 C.F.R. 73.3568(a)(3), the application (File No. BNPTTL-20000831CIP) of Cyril H. Miller IS DISMISSED. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's Rules, 47 C.F.R. 0.331.
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- No. BNP-20041029AHO, will be withheld for a period of 30 days from the date of this letter to provide Rivers a final opportunity either to amend the Application or to notify the Commission that it wishes to pursue the Application as earlier amended. Failure to respond within this time period will result in dismissal of the Application pursuant to Section 73.3568 of the Rules. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau File No. BNP-20041029AHO (the ``Application''). 47 C.F.R. 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq.,
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- 47 C.F.R. 1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257 (EB 2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966). Petition at 1. Id. Id. AM Auction Public Notice, 20 FCC Rcd at 10566; see also 47 C.F.R. 73.3568(a)(1) and Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341, 13345-46 (2004) See 47 C.F.R. 54.720(b). See 47 C.F.R. 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990)
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- having personal knowledge of the facts, if a corporation or association. See 47 C.F.R. 73.3525(f). An applicant that unilaterally dismisses its application without having entered into a settlement agreement with another applicant must also submit an affidavit stating whether consideration has been promised to or received by such applicant in connection with its dismissal. See 47 C.F.R. 73.3525(c), 73.3568. See infra ``Filing Procedures.'' See schedule of charges at 47 C.F.R. 1.1104. Method and forms of payment are addressed in 47 C.F.R. 1.1109, 1.1110. See also the Media Services Application Fee Filing Guide and the FCC Form 301 instructions. See supra note 11. See 47 C.F.R. 73.3571. Alexander MO&O, 21 FCC Rcd at 9972. A portion of
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- the construction permit for KBUG(FM), Malin, Oregon (the ``Application''). Based on the record in this proceeding, including state records of which the staff takes official notice, we conclude that MCC was dissolved on June 17, 2005, and has not been reinstated, and that therefore the Application must be dismissed for MCC's failure to prosecute the Application, in violation of Section 73.3568(a)(1) of our Rules. Background. On May 12, 2000, MCC filed the Application. According to the Application as filed, MCC's address was P.O. Box 111, Klamath Falls, Oregon 97601. The sole member of MCC listed in the application was Sandra Soho, who certified the application as a Director. The Oregon Secretary of State's records indicate that MCC was incorporated on April
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- 73.3525(a)(5) of the Rules. Staff review of such information is necessary to ensure compliance with the Commission's reimbursement restrictions. Accordingly, we direct Hammock to submit an itemization of Community's expenses within 30 days of the date of this letter. Failure to respond within this time period may result in dismissal of the application for failure to prosecute pursuant to Section 73.3568 of the Commission's Rules. We will defer final processing of the Application pending receipt and review of this information. Accordingly, IT IS ORDERED, That the Petition to Deny and Set Aside Approval of Settlement Agreements, filed by Cornerstone Broadcasting Corporation, IS GRANTED to the limited extent indicated, and IS DENIED in all other respects. IT IS FURTHER ORDERED, That Hammock
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- the late filing of a post-designation notice in a comparative hearing would provide an unfair advantage over applicants that timely filed). See Community Religious Broadcasting, Inc., Letter, 23 FCC Rcd 15363 (2008) (finding that waiving the October 22, 2007, NCE FM filing deadline would give applicant an unfair advantage vis a vis applicants that filed on time). 47 C.F.R. 73.3568(a)(1). PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 kd PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- 1.17. See SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589 (2002); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718 (Enf. Bur. 2004); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003). See 47 C.F.R. 73.3568(a)(1). Federal Communications Commission Washington, D.C. 20554 TRΞ&PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r AR\ )]h]eM8I̟`?K^ ?CAUU 3ꡟ=A \+_ ePg ك _ą {. "{ZHV9iъ s+ ~ p, tmy ݤ*>0FlŢ.| /b=^''"TxM[D\Њl-I@ -'I<~@ p^v}+d ' @7l:] WN 9 _#p h - `9e'8fl-1)
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- not dismiss Able's Application due to an alleged lack of reasonable assurance for the May 2008 Site. The Application. We have examined the amended Application and find that it complies with all pertinent statutory and regulatory requirements and that its grant will further the public interest, convenience, and necessity. Failure to Prosecute. Entravision also asserts that Able has violated Section 73.3568(a)(1) of the Rules by failing to ``make any material effort to prosecute its application.'' Entravision argues that the passage of three years since the close of Auction 70 indicates, ``as best as can be told, [that] Able has not made any material effort to prosecute its application.'' Section 73.3568(a)(1) states that ``[f]ailure to prosecute an application, or failure to respond
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- page 4 as corrected should read the accurate 25 meters RCAGL.'' Letter of John Detz to Dan Fontaine, Federal Communications Commission, October 18, 1995. See ``Media Bureau Announces Dismissal of Unamended Form 301, 314, and 315 AM and FM Applications'' (DA 04-3647, Released November 18, 2004.) (``Public Notice''). According to the Public Notice, the application was dismissed pursuant to Section 73.3568(a)(1) of the Commission's Rules for failure to prosecute. Specifically, Visionary failed to amend its application to show compliance with the new local ownership rules or to request a waiver of those rules. Visionary filed a petition for reconsideration of the dismissal on December 15, 2004. July 2004 Application, Item 17. July 2004 Application, Engineering Statement at p. 3. 4614.37 microwatts
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- 103.9 MHZ E NH Voluntary Assignment of License, as amended From: CHRISTIAN MINISTRIES, INC. To: VERMONT PUBLIC RADIO Form 345 CHRISTIAN MINISTRIES, INC. W280CS 31111 BALFT-20050722ACY NH 10/17/2005 Actions of: LOW POWER FM APPLICATIONS FOR LICENSE TO COVER DISMISSED , OCALA 100.7 MHZ E FL License to cover Engineering Amendment filed 12/16/2004 Application dismissed for failure to respond per Section 73.3568(b) in letter ref. 1800B3-KV on October 17, 2005. All authority to operate station WJND-LP terminated. PRIMERIA INGLESIA BAUTISTA HISPANIC ASSOCIATION WJND-LP 133600 BLL-20030908AAM FL Page 1 of 24 Broadcast Actions 10/20/2005 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.46094 APPLICANT AND
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- T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P LOW POWER FM APPLICATIONS FOR LICENSE TO COVER APPLICATION REINSTATED WJND-LP 133600 PRIMERIA INGLESIA BAUTISTA HISPANIC ASSOCIATION FL OCALA , FL BLL-20030908AAM 100.7 MHZ E License to cover Engineering Amendment filed 12/16/2004 Application dismissed for failure to respond per Section 73.3568(b) in letter ref. 1800B3-KV on October 17, 2005. All authority to operate station WJND-LP terminated. Application and program test authority reinstated by letter ref. 1800B3-KV on November 17, 2005. TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING KVQT-LP 57187C. DOWEN JOHNSON TX HOUSTON , TX BLTTL-20051207AGO CHAN-21 E License to cover construction permit no: BMPTTL-20041122AAK,
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- N FILE NUMBER STATE E/P 03/02/2006 Actions of: TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , BAKERSFIELD CHAN-41 E CA Construction permit for a new station for BAKERSFIELD, CA on channel 41, Effective Radiated Power 30.0, coordinates NL 35 deg 18 min 23 sec WL 118 deg 47 min 58 sec, as amended. Dismissed per Section 73.3568(a)(1) of the Commission's Rules Application reinstated 5/19/2004. Application granted 3/2/2006. VENTURE TECHNOLOGIES GROUP, LLC K41JN 128238 BNPTTL-20000831AUF CA TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY GRANTED , MERIDIAN CHAN-65 E MS Minor change in licensed facilities, callsign W65DE. MS COMMUNICATIONS, LLC W65DE 57542 BPTTL-20050509ADM MS FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER LICENSE CANCELLED
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- 30 min 3 sec WL 99 deg 30 min 36 sec. NEW 129324 MARCIA T. TURNER tr/as TURNER ENTERPRISES KS CONCORDIA , KS BNPTTL-20000830AXP CHAN-50 E Construction permit for a new station for CONCORDIA, KS on channel 50, Effective Radiated Power 50.0, coordinates NL 39 deg 52 min 48 sec WL 97 deg 39 min 30 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules NEW 128537 MARK SILBERMAN TX PINE SPRINGS , TX BNPTTL-20000831BBV CHAN-59 E Construction permit for a new station for PINE SPRINGS, TX on channel 59, Effective Radiated Power .999, coordinates NL 31 deg 57 min 8 sec WL 104 deg 20 min 9 sec. Dismissed per Section 73.3518 of the Commission's Rules Page 12 of 13
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- TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 131131 WORD OF GOD FELLOWSHIP, INC. WA ODELL , WA BNPTTL-20000831CLQ CHAN-42 E Construction permit for a new station for ODELL, WA on channel 42, Effective Radiated Power 25.0, coordinates NL 45 deg 41 min 9 sec WL 121 deg 27 min 54 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules Engineering Amendment filed 01/09/2004 TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION NEW 131131 WORD OF GOD FELLOWSHIP, INC. WA ODELL , WA BNPTTL-20000831CLQ CHAN-42 E Construction permit for a new station for ODELL, WA on channel 42, Effective Radiated Power 25.0, coordinates NL 45 deg 41 min 9 sec WL
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- NUMBER E/P TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 128715 SUNBELT COMMUNICATIONS COMPANY WY KEMMERER , WY BNPTTL-20000829ALJ CHAN-46 E Construction permit for a new station for KEMMERER, WY on channel 46, Effective Radiated Power 1.0, coordinates NL 41 deg 46 min 45 sec WL 110 deg 32 min 12 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules. NEW 128952 TRINITY BROADCASTING NETWORK MO COLUMBIA , MO BNPTT-20000830AUP CHAN-58 E Construction permit for a new station for COLUMBIA, MO on channel 58, Effective Radiated Power 20.0, coordinates NL 38 deg 57 min 18 sec WL 92 deg 16 min 20 sec, as amended. AM STATION APPLICATIONS FOR RENEWAL PETITION FOR RECONSIDERATION WCSI 72261 WHITE
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- I O N FILE NUMBER STATE E/P 03/16/2007 Actions of: TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , SHERIDAN CHAN-50 E WY Construction permit for a new station for SHERIDAN, WY on channel 50, Effective Radiated Power 8.0, coordinates NL 44 deg 37 min 20 sec WL 107 deg 6 min 57 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules. LOVCOM, INC. K50KN 125479 BNPTTL-20000802ADG WY , JACKSON CHAN-39 E WY Construction permit for a new station for JACKSON, WY on channel 39, Effective Radiated Power 25.0, coordinates NL 43 deg 27 min 42 sec WL 110 deg 45 min 10 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules. TWO OCEAN BROADCASTING COMPANY K39JU 126439
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- chg TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED NEW 126429 TWO OCEAN BROADCASTING COMPANY WY JACKSON , WY BNPTTL-20000829AEM CHAN-44 E Construction permit for a new station for JACKSON, WY on channel 44, Effective Radiated Power 25.0, coordinates NL 43 deg 27 min 42 sec WL 110 deg 45 min 10 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules. CLASS A TV APPLICATIONS FOR RENEWAL ACCEPTED FOR FILING WKHU-CA 68401BRUNO GOODWORTH NETWORK, INC. PA KITTANNING , PA BRTTA-20070316AAJ CHAN-25 E Renewal of License. Page 11 of 15 Broadcast Applications 3/26/2007 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
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- Form 314 SIETE GRANDE TELEVISION, INC. WSTE 60341 BALCT-20070627ACK PR TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , ODELL CHAN-42 E WA Construction permit for a new station for ODELL, WA on channel 42, Effective Radiated Power 25.0, coordinates NL 45 deg 41 min 9 sec WL 121 deg 27 min 54 sec. Dismissed per Section 73.3568(a)(1) of the Commission's Rules Engineering Amendment filed 01/09/2004 WORD OF GOD FELLOWSHIP, INC. K42IO 131131 BNPTTL-20000831CLQ WA FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER LICENSE CANCELLED , REDMOND 89.3 MHZ P OR LIC. TO COVER (BPFT-970110TF) FOR A NEW STATION LICENSE CANCELLED AND CALL SIGN DELETED PER APP'S REQUEST ON 10-9-2007. (NO LETTER SENT) EDUCATIONAL MEDIA FOUNDATION DK207CC 85375 BLFT-19980617TP
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- SUNNYVALE , CA BMLH-20080530AFR 104.9 MHZ E License to modify. WWRE 60363 MID ATLANTIC NETWORK, INC. VA BERRYVILLE , VA BMLH-20080530AHL 105.5 MHZ E License to modify. AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION FOR REVIEW NEW 160776 MT. WILSON FM BROADCASTERS, INC. NV WHITNEY , NV BNP-20040129AQF 540 KHZ E CP New Stn. Request for Waiver of Section 73.3568(a)(1) of the Commission Rules filed 11/30/ by ("Mt. Wilson") Waiver Denied and Application Dismissed by letter dated 04/28/2008 Application for Review Filed 05/28/2008 by Mt. Wilson FM Broadcasters, Inc. Page 13 of 18 Broadcast Applications 6/4/2008 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
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- The FCC advised that action on the application would be withheld until Eagle responded. Finally, it warned that Eagle's failure to respond would "result in the dismissal of the application" pursuant to a Commission rule which allows an application to be dismissed for failure to respond to an official request for additional information. Id. at 139; see 47 C.F.R. 73.3568(a)(1). Eagle still failed to respond with documentation of FAA approval. Instead, Eagle sent a series of letters to the FCC implying that FAA approval had either been obtained or was unnecessary. For example, on February 26, 2003, Eagle wrote another letter reporting on the "progress in moving KVEZ to its new approved site." Letter from Maurice W. Coburn to Edward
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- GULF COAST UNIVERSITY WGCU 62388 BPEDT-20100505AFP FL , HONOLULU CHAN-8 E HI Minor change in licensed facilities, callsign KHON-TV. NVT HAWAII LICENSEE, LLC KHON-TV 4144 BPCDT-20100614AKD HI 07/02/2010 Actions of: LOW POWER FM APPLICATIONS FOR LICENSE TO COVER DISMISSED , OCALA 100.7 MHZ E FL License to cover Engineering Amendment filed 12/16/2004 Application dismissed for failure to respond per Section 73.3568(b) in letter ref. 1800B3-KV on October 17, 2005. All authority to operate station WJND-LP terminated. Application and program test authority reinstated by letter ref. 1800B3-KV on November 17, 2005. Application dismissed, permit surrendered and cancelled at permittee's request on 7/2/2010. PRIMERIA INGLESIA BAUTISTA HISPANIC ASSOCIATION DWJND-LP 133600 BLL-20030908AAM FL Page 1 of 12 Broadcast Actions 7/8/2010 PUBLIC NOTICEFederal Communications Commission
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- the flexibility afforded by Section 73.215 of the Commission's rules, which went into effect in 1989. See 47 C.F.R. 73.215 (Contour protection for short-spaced assignments). In any event, we do not believe that such a measure would be appropriate under the tailored reclassification procedure we are adopting. 47 C.F.R. 17.4. See supra, 43. See 47 C.F.R. 73.3568(b). Docket 80-90 R&O, 94 FCC 2d at 177 (citations omitted); see also Crain Broadcasting, Inc., 8 FCC Rcd 4406, 4407 (1993) (``the Commission historically has refused to authorize excessive power levels in order to compensate for insufficient antenna heights.''). See 47 C.F.R. 73.313(d). Id. at 73.313(d)(2). See Crain Broadcasting, Inc., 8 FCC Rcd at 4407, n. 4 and
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- 1270 Fairfield Rd, Gettysburg, PA 17325-7245. If the antenna structure cannot be registered within 30 days of the release of this Order, the applicant must notify the Audio Division, Office of Broadcast Policy, Media Bureau, in writing, concerning the delay. Failure to respond within this time period will result in the dismissal of the application pursuant to 47 C.F.R. 73.3568.
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- October Section 307(b) Request also contained the following statement: The staff will dismiss, without further processing, the short-form application submitted during the AM Auction No. 32 filing window of any applicant that fails to file, by November 26, 2001, either an amendment addressing the Section 307(b) criteria, or a letter request to consider its previous submission. See 47 C.F.R. 73.3568(a)(1). 3. In response to the October Section 307(b) Request, Kemp timely submitted a revised Section 307(b) showing, while Green Valley timely requested we consider its earlier amendment as its Section 307(b) submission. Nelson submitted a letter indicating that it wished to rely on its earlier Section 307(b) submission; however, as noted above, Nelson had not previously filed a Section 307(b)
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- California. For the reasons set forth below, we deny the Application for Review. 2. SCS filed its LPFM application for Sonoma on June 5, 2000. On May 5, 2004, the Bureau staff wrote SCS and requested an amendment to the application, indicating that the failure to file the requested amendment would result in the dismissal of the application under Section 73.3568(a)(1) of the Commission's rules. No amendment was submitted, and the Bureau dismissed SCS's application on June 15, 2004. SCS sought reconsideration and reinstatement of the application on August 2, 2004. The Bureau dismissed SCS's petition for reconsideration as untimely in the Staff Decision on appeal here. 3. The Bureau properly dismissed SCS's Petition for Reconsideration. Section 405 of the Communications
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- effect a major change will not be accepted). This second scenario is proposed by Oregon in its Supplemental Petition to Deny. See supra note 160. Any contention that Fatima II was merely a revival and change in control of Fatima I is contradicted by the fact that new Articles were filed and a new registry number assigned. 47 C.F.R. 73.3568(a)(1). See Noncommercial Educational FM Broadcast Applications Accepted for Filing and Notification of Cut-Off Date, Public Notice, Report No. A-292 (March 29, 1996) (announcing acceptance of File No. BPED-19950210MA and establishing May 3, 1996, cut-off date for petitions to deny). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were
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- the Garey AFRs when we denied relief in the Fireside Reconsideration Order. Garey has thus had ample opportunity to prosecute his applications. For the reasons set forth above, we dismiss the Garey AFRs. As each of the Bureau's letters cautioned Garey that failure timely to file Form 301 would result in dismissal of the above-captioned ``tech box'' applications under Section 73.3568 of our Rules, for failure to prosecute the applications, we also dismiss those applications. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, that the Larga Vista AFR, the Pass Christian AFR, and the Winooski AFR, ARE DISMISSED. 11. IT IS FURTHER ORDERED, that the tech box application of Fireside Media for a new AM broadcast station at Larga Vista, Texas,
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- interchangeably herein, as appropriate. See AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003). File No. BNP-20040130BCD. File No. BNP-20041028AGI. See Broadcast Actions, Public Notice, Report No. 46130 (MB Dec. 13, 2005). 47 C.F.R. 73.3598(a). AFR at 1. On withdrawal penalties generally, see 47 C.F.R. 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast Construction
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- radials extend over large bodies of water or foreign territories.71 In the "Denver cases," the Mass Media Bureau waived this rule to allow radials extending primarily over the Rocky Mountains to be excluded for the sole purpose of calculating HAAT, based on showings that the 66 47 C.F.R. 17.4. 67 See supra, 43. 68 See 47 C.F.R. 73.3568(b). 69 Docket 80-90 R&O, 94 FCC 2d at 177 (citations omitted); see also Crain Broadcasting, Inc., 8 FCC Rcd 4406, 4407 (1993) ("the Commission historically has refused to authorize excessive power levels in order to compensate for insufficient antenna heights."). 70 See 47 C.F.R. 73.313(d). 71 Id. at 73.313(d)(2). Federal Communications Commission FCC 00-368 19 radials would improperly
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer
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- a matter of right for all applicants in the group. Section 73.3525 is amended to read as follows: 73.3525 Agreements for removing application conflicts. ****** (c) Except where a joint request is filed pursuant to paragraph (a) of this section, any applicant filing an amendment pursuant to 73.3522(b)(1) and (c), or a request for dismissal pursuant to 73.3568(b)(1) and (c), which would remove a conflict with another pending application; or a petition for leave to amend pursuant to 73.3522(b)(2) which would permit a grant of the amended application or an application previously in conflict with the amended application; or a request for dismissal pursuant to 73.3568(b)(2), shall file with it an affidavit as to whether or
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- a matter of right for all applicants in the group. Section 73.3525 is amended to read as follows: 73.3525 Agreements for removing application conflicts. ****** (c) Except where a joint request is filed pursuant to paragraph (a) of this section, any applicant filing an amendment pursuant to 73.3522(b)(1) and (c), or a request for dismissal pursuant to 73.3568(b)(1) and (c), which would remove a conflict with another pending application; or a petition for leave to amend pursuant to 73.3522(b)(2) which would permit a grant of the amended application or an application previously in conflict with the amended application; or a request for dismissal pursuant to 73.3568(b)(2), shall file with it an affidavit as to whether or
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- Broadcasting Corporation, 2 FCC Rcd 4468, 4480-4481 (ALJ Stirmer, 1987); Radio Greenbrier, Inc., 80 FCC 2d 125, 126-135 (ALJ Lozner, 1979). The staff will dismiss, without further processing, the previously filed FCC Form 175 application and technical submission of any applicant that fails to file an amendment addressing the Section 307(b) criteria by December 29, 2000. See 47 C.F.R. 73.3568(a)(1). Submitted Section 307(b) data must be based on the technical proposal as specified in the AM Auction filing window application. Mutually exclusive AM applicants may not change the technical proposal specified in the AM Auction filing window application, except as provided, supra. See Broadcast First Report and Order, 13 FCC Rcd at 15976. If a mutually exclusive group which is
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/da000142.doc
- tunc and the August 5, 1991, Class C3 amendment was accepted for good cause. However, because of problems with the Class C3 amendment, Dodge was provided with a thirty (30) day period in which to amend the application. Dodge was informed that failure to respond within thirty (30) days would result in the dismissal of the application pursuant to Section 73.3568(b) of the Commission's Rules. On December 11, 1991, the Class A modification application (BMPH-891229ID) and the August 5, 1991, Class C3 amendment thereto, were dismissed for failure to respond. On April 13, 1993, the application to replace the station's expired permit (BPH-891229JP) was denied, the underlying construction permit (BPH-851209MK) was declared forfeited and cancelled and the call letters were deleted.
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
- applications. Section 73.3525-Agreements for removing application conflicts. Section 73.3539-Application for renewal of license. Section 73.3542-Application for emergency authorization. Section 73.3545-Application for permit to deliver programs to foreign stations. Section 73.3550-Requests for new or modified call sign assignments. Section 73.3561-Staff consideration of applications requiring Commission consideration. Section 73.3562-Staff consideration of applications not requiring action by the Commission. Section 73.3566-Defective applications. Section 73.3568-Dismissal of applications. Section 73.3584-Procedure for filing petitions to deny. Section 73.3587-Procedure for filing informal objections. Section 73.3588-Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589-Threats to file petitions to deny or informal objections. Section 73.3591-Grants without hearing. Section 73.3593-Designation for hearing. Section 73.3598-Period of construction. Section 73.3599-Forfeiture of construction permit. Section 73.3999-Enforcement of 18 U.S.C. 1464-restrictions on
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- the flexibility afforded by Section 73.215 of the Commission's rules, which went into effect in 1989. See 47 C.F.R. 73.215 (Contour protection for short-spaced assignments). In any event, we do not believe that such a measure would be appropriate under the tailored reclassification procedure we are adopting. 47 C.F.R. 17.4. See supra, 43. See 47 C.F.R. 73.3568(b). Docket 80-90 R&O, 94 FCC 2d at 177 (citations omitted); see also Crain Broadcasting, Inc., 8 FCC Rcd 4406, 4407 (1993) (``the Commission historically has refused to authorize excessive power levels in order to compensate for insufficient antenna heights.''). See 47 C.F.R. 73.313(d). Id. at 73.313(d)(2). See Crain Broadcasting, Inc., 8 FCC Rcd at 4407, n. 4 and
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-256582A1.html
- page 4 as corrected should read the accurate 25 meters RCAGL.'' Letter of John Detz to Dan Fontaine, Federal Communications Commission, October 18, 1995. 12See ``Media Bureau Announces Dismissal of Unamended Form 301, 314, and 315 AM and FM Applications'' (DA 04-3647, Released November 18, 2004.) (``Public Notice''). According to the Public Notice, the application was dismissed pursuant to Section 73.3568(a)(1) of the Commission's Rules for failure to prosecute. Specifically, Visionary failed to amend its application to show compliance with the new local ownership rules or to request a waiver of those rules. Visionary filed a petition for reconsideration of the dismissal on December 15, 2004. 13July 2004 Application, Item 17. 14July 2004 Application, Engineering Statement at p. 3. 4614.37 microwatts
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- proceeding, including the parties' responses to the staff's March 18, 2004, inquiry letter, documents produced by the parties, and evidence of which the staff takes administrative notice, we conclude that Fatima Response, Inc. (``FRI''), as currently incorporated, is not the FRI that originally filed the above-referenced application, and that FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. Moreover, because FRI's membership has undergone two major changes since its application was filed, the application must be dismissed under Section 73.3573(a)(1) of our Rules. Accordingly, we dismiss FRI's application. Background. On November 8, 1995, FRI, doing business as St. Michael's Catholic Radio, filed the above-referenced application. According to the original application, FRI's address was 2044 Beverly
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- Great Scott responded on July 29, 2003, advising that the FAA study remained pending and that it should be completed in the near term. When, nearly ten months later, the Commission had received no further communications updating the status of the FAA's review, on April 13, 2004, the Bureau dismissed the Application for Great Scott's failure to prosecute under Section 73.3568(a)(1) of the Commission's Rules. On May 17, 2004, Great Scott filed a Petition for Reconsideration of the dismissal of its Application. That Petition was denied by the Bureau in a decision dated August 26, 2004. On September 30, 2004, Great Scott filed the subject Petition, seeking reconsideration of the Bureau's denial of the earlier Petition for Reconsideration. In its Petition,
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- the staff's February 17, 2004, inquiry letter, documents produced by the parties with their Petitions for Reconsideration, and evidence of which the staff takes administrative notice, we conclude that FRI, as currently incorporated, is not the FRI that originally filed the above-referenced FRI Keno application, and that the original FRI has failed to prosecute its application in violation of Section 73.3568(a)(1) of our Rules. We likewise find that RCIA, as incorporated, is not composed of the same parties the above-referenced original RCIA Keno application, and that those original parties have failed to prosecute their application. Moreover, because both FRI's and RCIA's membership has undergone major changes since their applications were filed, the applications must be dismissed under Section 73.3573(a)(1) of our
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- No. BNP-20041029AIW, will be withheld for a period of 30 days from the date of this letter to provide Rainey a final opportunity either to amend the Application or to notify the Commission that it wishes to pursue the Application as earlier amended. Failure to respond within this time period will result in dismissal of the Application pursuant to Section 73.3568 of the Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau File No. BNP-20041029AIW (the ``Application''). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Mark N. Lipp, Esq., Letter (MB June 6,
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- (1997) (applicant unaware of payment deadline set by public notice bears responsibility for failure to meet the deadline). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Silver Springs Communications, Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. denied, 4 FCC Rcd 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in
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- (1997) (applicant unaware of payment deadline set by public notice bears responsibility for failure to meet the deadline). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Silver Springs Communications, Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. denied, 4 FCC Rcd 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a comparative case is necessary in
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- FCC Rcd 22424 (2003)(``it is the applicant who has responsibility ultimately for the timely submission of the application.''). See, e.g., Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341 (2004) (affirming dismissal of an application for failure to submit Section 307(b) information, requested through a Bureau Public Notice, by the established deadline). See also 47 C.F.R. 73.3568 (``Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal.''). Federal Communications Commission Washington, D.C. 20554 October 24, 2008 %PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r AR\ )]h]eM8I̟`?K^ ?CAUU
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- No. BNP-20041029AHO, will be withheld for a period of 30 days from the date of this letter to provide Rivers a final opportunity either to amend the Application or to notify the Commission that it wishes to pursue the Application as earlier amended. Failure to respond within this time period will result in dismissal of the Application pursuant to Section 73.3568 of the Rules. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau File No. BNP-20041029AHO (the ``Application''). 47 C.F.R. 73.24(i). File No. BNP-20040130BQK. See AM Auction No. 84 Singleton Applications, Public Notice, 19 FCC Rcd 16655 (MB 2004). 47 C.F.R. 73.37. Report and Order, 21 FCC Rcd 14212 (2006) (``2006 Community of License Order''). Frank R. Jazzo, Esq.,
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- 47 C.F.R. 1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257 (EB 2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966). Petition at 1. Id. Id. AM Auction Public Notice, 20 FCC Rcd at 10566; see also 47 C.F.R. 73.3568(a)(1) and Green Valley Broadcasters, Inc., Memorandum Opinion and Order, 19 FCC Rcd 13341, 13345-46 (2004) See 47 C.F.R. 54.720(b). See 47 C.F.R. 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990)
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- the construction permit for KBUG(FM), Malin, Oregon (the ``Application''). Based on the record in this proceeding, including state records of which the staff takes official notice, we conclude that MCC was dissolved on June 17, 2005, and has not been reinstated, and that therefore the Application must be dismissed for MCC's failure to prosecute the Application, in violation of Section 73.3568(a)(1) of our Rules. Background. On May 12, 2000, MCC filed the Application. According to the Application as filed, MCC's address was P.O. Box 111, Klamath Falls, Oregon 97601. The sole member of MCC listed in the application was Sandra Soho, who certified the application as a Director. The Oregon Secretary of State's records indicate that MCC was incorporated on April
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- 73.3525(a)(5) of the Rules. Staff review of such information is necessary to ensure compliance with the Commission's reimbursement restrictions. Accordingly, we direct Hammock to submit an itemization of Community's expenses within 30 days of the date of this letter. Failure to respond within this time period may result in dismissal of the application for failure to prosecute pursuant to Section 73.3568 of the Commission's Rules. We will defer final processing of the Application pending receipt and review of this information. Accordingly, IT IS ORDERED, That the Petition to Deny and Set Aside Approval of Settlement Agreements, filed by Cornerstone Broadcasting Corporation, IS GRANTED to the limited extent indicated, and IS DENIED in all other respects. IT IS FURTHER ORDERED, That Hammock
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- 1.17. See SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589 (2002); Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19898 n.36 (2003); World Communications Satellite Systems, Inc., Forfeiture Order, 19 FCC Rcd 2718 (Enf. Bur. 2004); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf. Bur. 2003). See 47 C.F.R. 73.3568(a)(1). Federal Communications Commission Washington, D.C. 20554 TRΞ&PNG ` ` b``D 4 &)@-@@7 H >O p j 2=k "_ - J, NtRb 7PUZS 'wpˈ jPT{.|87w]gyAҨ-=T#O> #W pU^S t''TxNtl ۦX6`T{:r AR\ )]h]eM8I̟`?K^ ?CAUU 3ꡟ=A \+_ ePg ك _ą {. "{ZHV9iъ s+ ~ p, tmy ݤ*>0FlŢ.| /b=^''"TxM[D\Њl-I@ -'I<~@ p^v}+d ' @7l:] WN 9 _#p h - `9e'8fl-1)
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- not dismiss Able's Application due to an alleged lack of reasonable assurance for the May 2008 Site. The Application. We have examined the amended Application and find that it complies with all pertinent statutory and regulatory requirements and that its grant will further the public interest, convenience, and necessity. Failure to Prosecute. Entravision also asserts that Able has violated Section 73.3568(a)(1) of the Rules by failing to ``make any material effort to prosecute its application.'' Entravision argues that the passage of three years since the close of Auction 70 indicates, ``as best as can be told, [that] Able has not made any material effort to prosecute its application.'' Section 73.3568(a)(1) states that ``[f]ailure to prosecute an application, or failure to respond
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- 47 C.F.R. 73.3522(a)(6). You must provide sufficient information to justify use of the supplemental showing or resolve the issue by some other means. The amendment must be electronically filed no later than 30 days from the date of this letter. Failure to timely file an amendment will result in the dismissal of the application pursuant to 47 CFR Section 73.3568. Sincerely, Edward P. De La Hunt Associate Chief, Audio Division Office of Broadcast License Policy Media Bureau errain roughness factor was later suspended because of occasional atypical results. Temporary Suspension of Certain Portions of Sections 73.313, 73.333, 73.684, and 73.699, FCC 75-1226, 56 FCC 2d 749 (1975). The suspension remains in effect today. Certain Minor Changes Without a Construction Permit,
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- California. For the reasons set forth below, we deny the Application for Review. 2. SCS filed its LPFM application for Sonoma on June 5, 2000. On May 5, 2004, the Bureau staff wrote SCS and requested an amendment to the application, indicating that the failure to file the requested amendment would result in the dismissal of the application under Section 73.3568(a)(1) of the Commission's rules. No amendment was submitted, and the Bureau dismissed SCS's application on June 15, 2004. SCS sought reconsideration and reinstatement of the application on August 2, 2004. The Bureau dismissed SCS's petition for reconsideration as untimely in the Staff Decision on appeal here. 3. The Bureau properly dismissed SCS's Petition for Reconsideration. Section 405 of the Communications
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- effect a major change will not be accepted). This second scenario is proposed by Oregon in its Supplemental Petition to Deny. See supra note 160. Any contention that Fatima II was merely a revival and change in control of Fatima I is contradicted by the fact that new Articles were filed and a new registry number assigned. 47 C.F.R. 73.3568(a)(1). See Noncommercial Educational FM Broadcast Applications Accepted for Filing and Notification of Cut-Off Date, Public Notice, Report No. A-292 (March 29, 1996) (announcing acceptance of File No. BPED-19950210MA and establishing May 3, 1996, cut-off date for petitions to deny). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were
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- the Garey AFRs when we denied relief in the Fireside Reconsideration Order. Garey has thus had ample opportunity to prosecute his applications. For the reasons set forth above, we dismiss the Garey AFRs. As each of the Bureau's letters cautioned Garey that failure timely to file Form 301 would result in dismissal of the above-captioned ``tech box'' applications under Section 73.3568 of our Rules, for failure to prosecute the applications, we also dismiss those applications. IV. ORDERING CLAUSES 10. Accordingly, IT IS ORDERED, that the Larga Vista AFR, the Pass Christian AFR, and the Winooski AFR, ARE DISMISSED. 11. IT IS FURTHER ORDERED, that the tech box application of Fireside Media for a new AM broadcast station at Larga Vista, Texas,
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- interchangeably herein, as appropriate. See AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003). File No. BNP-20040130BCD. File No. BNP-20041028AGI. See Broadcast Actions, Public Notice, Report No. 46130 (MB Dec. 13, 2005). 47 C.F.R. 73.3598(a). AFR at 1. On withdrawal penalties generally, see 47 C.F.R. 1.2104(g), 73.3568(a)(3). Bidding procedures for Auction 37, including the penalties for bid withdrawal, were announced in Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 19 FCC Rcd 10570, 10603-04 (WTB/MB 2004). The specific penalties imposed on Fireside are set forth in FM Broadcast Construction
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of AM broadcast station applications. [664]TEXT [665]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [666]TEXT [667]PDF 73.3573 Processing FM broadcast station applications. [668]TEXT [669]PDF 73.3574 Processing of international broadcast station applications. [670]TEXT [671]PDF 73.3578 Amendments to applications for renewal, assignment or transfer
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- new or modified call sign assignments. [601]TEXT [602]PDF 73.3555 Multiple ownership. [603]TEXT [604]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [605]TEXT [606]PDF 73.3561 Staff consideration of applications requiring Commission action. [607]TEXT [608]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [609]TEXT [610]PDF 73.3564 Acceptance of applications. [611]TEXT [612]PDF 73.3566 Defective applications. [613]TEXT [614]PDF 73.3568 Dismissal of applications. [615]TEXT [616]PDF 73.3571 Processing of AM broadcast station applications. [617]TEXT [618]PDF 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications. [619]TEXT [620]PDF 73.3573 Processing FM broadcast station applications. [621]TEXT [622]PDF 73.3574 Processing of international broadcast station applications. [623]TEXT [624]PDF 73.3578 Amendments to applications for renewal, assignment or transfer