FCC Web Documents citing 0.401

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

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  • for Certain Commission Filings, Order, 22 FCC Rcd 11381 (2007); FCC Rescinds Its Interim Procedures For Electronic Filing Effective September 25, 2007, News Release (June 29, 2007). We therefore also waive the provisions of Section 1.115(f) of the Commission's rules, which requires that these pleadings be submitted to the Secretary, Federal Communications Commission at the locations set forth in Section 0.401 of the Commission's rules. See 47 C.F.R. §§ 0.401, 1.115(f). See E-mail from Jack Thompson to Kevin J. Martin, Chairman, Federal Communications Commission, transmitted December 13, 2007, 5:41 a.m. See 47 C.F. R. § 1.115(b)(2). See id. See Clear Channel Broadcasting Licenses, Inc., Notice of Apparent Liability, 19 FCC Rcd 1768, 1777 ¶ 15 (2004) (forfeiture paid) (finding that a
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  • (dated Nov. 25, 1999) (Petition). Santiago essentially requests a renewal of its license but has framed its pleading as a petition for reconsideration of its request for special temporary authority. Notice of Immediate Application Dismissal (Nov. 22, 1999). Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • C. Miller, Communications Systems Manager, ITS, State of Washington to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (dated January 31, 2000). See FCC File No. 0000023073. See FCC File No. 0000023072. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • file numbers for this matter would not in any way enhance GLM's interests and instead would create administrative uncertainty. See 47 C.F.R. § 90.621(e). Branch Letter at 1. See 47 C.F.R. § 90.151(a) (1996) (currently codified at 47 C.F.R. § 1.925(b)(3)). 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • station license. In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • 1. See 47 C.F.R. § 97.21(b), which states that a person whose amateur station license grant has expired may apply to the FCC for renewal of the license grant for another term during a two-year filing grace period. Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • continue to accept applications on FCC Forms 610 and 610V until February 16, 2000, so long as the applicant provided the necessary supplemental information (including a TIN). Id. at 5-6, Appendix A. 47 C.F.R. § 97.21(b). Petition at 1. Id. Id. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • Call Sign W4FX. See In the Matter of Amendment of the Amateur Service Rules to Implement a Vanity Call Sign System, Memorandum Opinion and Order, PR Docket No. 93-305, 10 FCC Rcd 11,135, 11,137 ¶ 11 (1995). Petition at 1. Id. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • of America to Mary M. Shultz, Federal Communications Commission (dated March 20, 2000) (Petition). Notice of Application Dismissal, dated March 9, 2000 (Branch Letter). FCC File No. D134186 (filed October 10, 1999). Id. Id. Branch Letter at 1. Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • Metrocall Petition at 2. Id. See Metrocall Petition at 2; Waiver Request at 2. See Public Notice Report No. 2050 (July 20, 1999). Metrocall Petition at 1-2; Waiver Request at 2. Feb. 8 Letter at 1. See Metrocall Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • 47 C.F.R. § 1.7. Petitions for reconsideration sent to an incorrect Commission office will be dismissed. Any courtesy copy or copies of a petition sent to personnel or offices in the Bureau should be. marked "copy"; such copy or copies do not constitute a filing and will not be forwarded to the Office of the Secretary. See 47 C.F.R. § 0.401. In addition, all petitions for reconsideration must be filed within thirty days from the date of public notice of the final Commission action, as that date is determined pursuant to 47 C.F.R. § 1.4(b). See 47 C.F.R. §§ 1.4(b), 1.104(b), 1.106(f). The 30-day filing deadline is statutory and is not routinely waived by the Commission. 47 U.S.C. § 405; see,
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  • Telecommunications Services, Memorandum Opinion and Order on Reconsideration, WT Docket No. 98-20, 14 FCC Rcd 11476, 11486 ¶ 22 (1999) (renewal applications filed more than 30 days after the license expiration date will not be routinely granted). 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.4(b)(5). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • § 1.4(b)(5). In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • A037650 (filed May 3, 1999). Waiver Request (filed May 14, 1999). Letter from Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, to Mr. David A. Terman (March 27, 2000). Petition for Reconsideration (dated April 11, 2000, and received on April 14, 2000, at the FCC's Gettysburg location). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Form 610 until February 16, 2000). Notice of Immediate Application Dismissal (dated February 9, 2000) (Dismissal). See 47 C.F.R. § 97.21(b) (describing two-year grace period). Id. Petition at 1. Id. at ¶ 1. Id. at ¶¶ 3, 6. Id. at 2. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
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  • Radi-Link, dated February 15, 2000. See 47 C.F.R. § 90.313(a)(1), which states that a channel is fully loaded at 90 mobile units; see also 47 C.F.R. § 90.313(c) which provides that a licensee must show than an assigned frequency pair is at full capacity before it can be assigned an additional frequency pair. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • to the Commission's licensing facility in Gettysburg, PA. Cara Opposition 2 (filed Oct. 21, 1998). The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed, 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Columbia Millimeter Communications, LP, Order on Reconsideration, 14 FCC Rcd. 2782, 2784-85 ¶ 9 (WTB PSPWD 1999), recon. pending (filed March 10, 1999). In this case, however, CSAA's petition against Cara raises the same issues
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  • FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration (filed June 26, 2000) (Petition). Id. FCC File No. A051337. Application Dismissal Letter, dated May 25, 2000, from Chief, Licensing and Technical Analysis Branch to Walker Creek/Stateline Water Association (Dismissal Letter). 47 C.F.R. § 1.106(i). 47 C.F.R. §0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Compaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • § 1.4(h). In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-910 (1975); In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on Reconsideration, 14 FCC Rcd 5080, 5081 ¶ 3 (WTB 1999) (Elkins). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Elkins, 14 FCC Rcd at 5081 ¶ 3 (determining
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  • delegated authority in Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration at 1. Id. Id. Id. Form 574D dismissing application, May 10, 2000 (Dismissal Letter). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401 and 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum
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  • (Elkins). In addition, we note that the Petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D. C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed, 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See Elkins, 14 FCC Rcd at 8041 ¶ 3; Columbia Millimeter Communications, LP, Order on Reconsideration, 14 FCC Rcd
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  • Service delivered the petition to the Gettysburg facility on Friday, December 24, which was a federal holiday because Christmas Day fell on a Saturday in 1999. See 47 C.F.R. § 1.4(e)(1) note. As a result, it was not deemed to be received by the FCC until the next business day, which was Monday, December 27, 1999. Cf. 47 C.F.R. § 0.401(b)(2). 47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.4. Where a non-rulemaking document is neither published in the Federal Register nor released, and where a public notice is not released, the date appearing on the document mailed to the persons affected by the action is the day to be used in the computation of the thirty-day period.
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  • not the only methods by which documents may be filed. We reject this argument as specious. Contrary to Columbia's argument, the lack of the word ``only'' in Section 1.7 of the Commission's Rules, which provides that documents are considered filed upon their receipt at the location designated by the Commission, does not render the rule unclear. Moreover, Columbia ignores Section 0.401 of the Commission's Rules, which admonishes persons filing documents with the Commission to ensure that their documents are filed at the correct location as the Commission maintains different offices for different purposes, and warns that filings submitted to the wrong location will not be processed. We therefore reject Columbia's argument that reconsideration petitions may be filed at locations other than
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  • currently $50.00 for each biennial ownership report. For licensees submitting FCC 323's electronically, a prefilled FCC Form 159 (Remittance Advice) can be generated and payment made electronically by use of a credit card. Otherwise, the required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Lynn D. Musthaler to the FCC, Gettysburg, Pennsylvania (dated March 30, 2001) (Petition). See 47 C.F.R. § 97.21(b). Notice of Immediate Application Dismissal (dated March 15, 2001) (Dismissal). See 47 C.F.R. § 97.21(b) (describing two-year grace period). Id. See Petition. Id. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Notice, DA 01-383, released February 13, 2001. See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. § 1.1104 and the Mass Media Bureau Application Fee Filing Guide available at the following Internet location: http://www.fcc.gov/fees/2000mmbguide.pdf See 47 C.F.R. §§ 0.401(b), 1.1104. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, non-mutually exclusive applicants filing FCC Form 346 applications may change the
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  • May 22, 2000). See FCC Form 1046, signed by Richard P. Goerlich (dated May 16, 2000). Id. See FCC File No. 9709D093153, requesting authorization to assign Station WPKP593 from PM Realty to Crescent (granted June 9, 2000). See Petition. Id. See Petition (containing date stamp indicating receipt in Gettysburg on July 6, 2000). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • the applicant an opportunity to make amendments to its application prior to the close of the window. An application, in order to be considered with the application listed above or with any other application filed during the window, must be filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on February 20, 2001. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, FCC 00-120, released April 20, 2000. -FCC- $ B ÿ‰PNG É!´R>^ÒïS›Sß¿†"KækÆý˜÷¯‡er4 ÐJùdM¿O­O °
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  • currently $50.00 for each biennial ownership report. For licensees submitting FCC 323's electronically, a prefilled FCC Form 159 (Remittance Advice) can be generated and payment made electronically by use of a credit card. Otherwise, the required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Lory Troxell, Federal Licensing, Inc., to the FCC, Gettysburg, Pennsylvania (dated January 17, 2001) (Petition). See FCC File No. 9508R78054. Notice of Immediate Application Dismissal (dated January 2, 2001) (Dismissal Notice). See 47 C.F.R. § 1.934(f). See Petition. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • for Reconsideration and Opposition to Supplement to Request for Reconsideration, filed by James A. Kay, Jr. (Nov. 9, 1993); Supplement to Opposition to Motion of Acceptance of Late Filed Pleading and Opposition to Request for Reconsideration and Opposition to Supplement to Request for Reconsideration filed by James A. Kay, Jr. (Dec. 2, 1993). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • §§ 90.135, 90.175. Application for Mobile Radio Service Authorization, FCC Form 600 (received September 14, 2000). The application was assigned file number D147088. Application Return Notice for the Private Land Mobile Radio Services, FCC Form 1034G, dated September 25, 2000, from Licensing and Technical Analysis Branch to Birmingham Southeast. Dismissal Letter at 1. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Id. 47 C.F.R. § 1.87(a). See ITA Petition, supra. In light of our proposed license modification, however, Station WPOY784 will no longer be operating on the frequency in question, and thus cannot incur harmful interference on that frequency. Therefore, we conclude that ITA's petition for reconsideration is moot. See PSE&G Opposition at 1. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 ("documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission"). See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on Reconsideration, 14 FCC Rcd 5080, 5081 ¶ 3 (WTB 1999); Columbia Millimeter Communications, LP, Order on
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  • asked, if he did sign the certification, whether, in doing so, he did not intend to transfer ownership. Mr. Jurman did not respond. In addition, the Enforcement Bureau twice attempted to contact Mr. Jurman by telephone and left messages for Mr. Jurman to return the call. Mr. Jurman did not do so. 47 C.F.R. § 1.106(i). See 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7. See First Auction of Interactive Video and Data Service Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14. See, e.g., Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute,
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  • currently $50.00 for each biennial ownership report. For licensees submitting FCC 323's electronically, a prefilled FCC Form 159 (Remittance Advice) can be generated and payment made electronically by use of a credit card. Otherwise, the required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-910 (1975); In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on Reconsideration, 14 FCC Rcd 5080, 5081 ¶ 3 (WTB 1999) (Elkins). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Elkins, 14 FCC Rcd at 5081 ¶ 3 (determining
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  • currently $50.00 for each biennial ownership report. For licensees submitting FCC 323's electronically, a prefilled FCC Form 159 (Remittance Advice) can be generated and payment made electronically by use of a credit card. Otherwise, the required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • (July 12, 2001). Petition of AirPaging Communications Corp. aka Super Beeper Electronic II, Inc. to Dismiss or Deny (File Nos. 0000384886, 0000385030, 0000385055, 0000385117, 0000385309, and 0000385321) (Aug. 8, 2001). Emergency Request at 1. 47 C.F.R. § 1.7. See In re Belmont Technical College, Order on Reconsideration, DA 01-2123 at ¶ 4 (PSPWD Sept. 11, 2001) (citing 47 C.F.R. § 0.401). 47 C.F.R. § 1.106(i). 47 C.F.R. § 1.939(b). AirPaging filed a reply to Dave's Response to Petition to Dismiss Orders on August 2, 2001. Reply of AirPaging Communications Corp. aka Super Beeper Electronic II, Inc. to Response to Petition to Dismiss or Deny (File Nos. 0000383859 and 0000384903) (Aug. 2, 2001) (August Reply). Because we are dismissing Dave's response, we
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  • (FCC File No. D148338). Universal Licensing System Automated Dismissal Letter, Reference No. 1000364 (dated July 24, 2001); 47 C.F.R. § 90.307. The application proposed a distance separation of 144.2 km between the site and TV Station KPBS-TV. Under Section 90.307 of the Commission's Rules, the required separation is 145 km. Petition at 1. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 ¶ 5 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission
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  • Station KNNN670 during the pendency of its application. Letter from Bill Champlin to Joan Howery, Analyst, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division (filed May 23, 2001). The STA request was granted on May 30, 2001, with a November 30, 2001 expiration date. The STA has not been renewed. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd. 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • of Application Dismissal, FCC Form 574E, dated August 2, 2000, from Chief, Licensing and Technical Analysis Branch to Hard Rock Hotel (Dismissal Letter). Application for Mobile Radio Service Authorization, FCC Form 600, dated March 17, 2000. Dismissal Letter. 47 C.F.R. § 1.917 (requiring manually filed applications to bear an original hand-written signature). Petition. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Public Notice, DA 00-1648, July 25, 2000. See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. § 1.1104 and the Mass Media Bureau Application Fee Filing Guide available at the following Internet location: http://www.fcc.gov/fees/2000mmbguide.pdf See 47 C.F.R. §§ 0.401(b), 1.1104. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, non-mutually exclusive applicants filing FCC Form 346 applications may change the
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  • C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Tower Landscaping, Inc., to FCC, Private Radio Bureau, Gettysburg, Pennsylvania (received Dec. 23, 1999). See id. See FCC Form 1046. See FCC File No. R434536. Id. Id. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Private Wireless Division Wireless Telecommunications Bureau Letter from Raymond A. Kowalski, Esq., Keller and Heckman, LLP, on behalf of Sho-Me Power Electric Cooperative, to FCC, Gettysburg, Pennsylvania (dated Sept. 13, 2000 and received Sept. 22, 2000) (Reconsideration Request). Id. at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • § 1.4(h). In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • Form 600 as among the Commission's approved information collections). EEC has submitted a copy of its application that bears two receipt date stamps, July 31, 1996 and August 8, 1996. The fee check that is attached to the application bears a deposit date stamp of August 9, 1996. See Petition for Further Reconsideration at 3-4, Attachments. See 47 C.F.R. § 0.401(b) (1995) (requiring that correct fee be attached to the application and delivered to lockbox bank); 47 C.F.R. § 90.127(a) (1995) (applications requiring frequency coordination and fees shall first be sent to frequency coordinator). 47 C.F.R. §§ 1.1116(a), (a)(2) (1995). Petition for Further Reconsideration at 4-7. Public Notice, 11 FCC Rcd 7032 (1996). Id. Second Report and Order, 12 FCC Rcd
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  • §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION John J. Schauble Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Letter from Alton Strong Southwest Central Rural Electric Cooperative Corporation (Southwest) to FCC, Gettysburg, Pennsylvania (received October 11, 2000) (Petition). FCC Renewal Notice letter sent May 28, 2000. See Petition. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • currently $50.00 for each biennial ownership report. For licensees submitting FCC 323's electronically, a prefilled FCC Form 159 (Remittance Advice) can be generated and payment made electronically by use of a credit card. Otherwise, the required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • for Reinstatement filed by Samtrans on April 24, 2000 with attached letter from Mr. Frank Burton, dated April 21, 2000 (April 21 Letter). Supplement to its Petition for Reinstatement filed by Samtrans on May 1, 2000 with attached letter from Mr. Frank Burton, dated April 28, 2000 (April 28 Letter). Memorandum Opinion and Order. See Petition. See 47 C.F.R. § 0.401. See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins Institute, Inc., Order on Reconsideration, 14 FCC Rcd 5080 (WTB 1999) (determining that a facsimile copy to a division office nether complied with the Commission's Rules nor ameliorated the late filing with the Secretary's office). See 47 C.F.R. § 1.106(f). If we reached the merits of Gronemeier's petition,
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  • that the statements and information in its 2001 FCC 323 are true, correct and complete. Generally, biennial ownership reports require the payment of a fee, which is currently $50.00 for each biennial ownership report. The required fee payment and a completed FCC Form 159 (Remittance Advice) must be delivered to the Commission's lock box bank in Pittsburgh, Pennsylvania. See Section 0.401(b) of the Commission's Rules. A listing of the required fee code, a copy of FCC Form 159 and the address to which payment (and any manually filed FCC Form 323's) should be mailed or otherwise delivered is also set forth in the Mass Media Services Fee Filing Guide (September 2000 Edition), which is obtainable from the Commission's Form Distribution Center.
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  • Star the benefit of any doubt and assume that it mailed such an application to the Commission on or about November 17, 1998. 9. As described in Star's response to the NAL, the application Star says it filed has defects which include: (1) Star did not send its application to the Mellon Bank, in Pittsburgh, Pennsylvania, as required by Section 0.401(b) of the Rules. Instead, it mailed the application to ``License Renewal Division,'' which did not exist. (2) Star used FCC Form 600. Section 22.145 of the Rules, then in effect, required the use of FCC Form 405. 10. In view of these defects, we find that rescission of the monetary forfeiture is not warranted. However, even though the application dated
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  • broadcasting 041301 cc: PSPWD Chron file D. Terry R. Melson H. Zeiler J Kowalski J. Borkowski J. Schauble S. Stone P. Daronco M. Shultz S. Linn S. Buenzow J. Gordon Petition for Reconsideration filed by Jose David Soler, P.E., Communications Engineer, WJIT Broadcasting Corporation, to FCC, Gettysburg, Pennsylvania (received November 29, 2000) (Petition). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • accepted for filing and are given a file number. In case of minor defects as to completeness, the applicant will be required to supply the missing information. Applications which are not substantially complete will be returned to the applicant. Applications requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules. ***** See 5 U.S.C. § 553(d) (procedural rule may be effective on publication). (...continued from previous page) (continued....) Federal Communications Commission DA 02-577 Federal Communications Commission DA 02-577 F ÿÿ ÿÿ
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  • further investigation of a specific timeframe. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). See 47 C.F.R. § 1.4(b)(5). See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-10 (1975). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also Petition for Reconsideration Requirements, Public Notice, 15 FCC Rcd 19473 (WTB 2000). Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780
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  • 2003, Public Notice, 18 FCC Rcd 3275 (2003). See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 74.1233(d). Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form application within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of FM translator applications filed in response to the February 2003 Window Public Notice,
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  • have the same address. The Petition states that Skypark Airport is located in Bountiful, Utah. However, the Skypark application indicates that Skypark Airport is located in nearby Woods Cross, Utah. See Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Report No. 1286 at 1 (rel. Sep. 18, 2002). Petition at 1. Id. Id. Id. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • the applicants an opportunity to make amendments to their applications prior to the close of the window. An application, in order to be considered with the applications listed above or with any other application filed during the window, must be filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on September 22, 2003. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, FCC 00-120, released April 20, 2000. -FCC- $ $ $ U V ^
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  • the gross revenues derived from the provision of its ancillary or supplementary services. FCC Form 159 (February 2003 Revised Edition) should be mailed to the Federal 2 Communications Commission, Media Services, P.O. Box 358180, Pittsburgh, Pennsylvania 15251-5180. Hand- delivered FCC Form 159s can be submitted to the Commission's lockbox bank, the Mellon Bank, in Pittsburgh, Pennsylvania. See 47 C.F.R. Section 0.401(b)(2). In completing FCC Form 159 (February 2003 Revised Edition), the DTV licensee should specify in Section C on: line 23 - the DTV station's call sign line 24 - payment code "MDTA" line 27 - the fee remitted (5% of line 29) line 28 - DTV station's Facility ID Number line 29 - total gross revenues derived from feeable ancillary
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  • Nov. 25, 2003). FCC File No. 0001262301 (filed Apr. 3, 2003). FCC File No. 0001262344 (filed Apr. 3, 2003). Dismissal Letter, Ref. No. 2034665 (June 27, 2003). See 47 C.F.R. § 90.313. FCC File No. 0001276840 (filed Apr. 15, 2003). Dismissal Letter, Ref. No. 2034666 (June 26, 2003). See 47 C.F.R. § 90.313. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Letter at 1. Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). See 47 C.F.R. § 1.4(b)(5). See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-10 (1975). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Columbia Millimeter Communications, LP, Order on Reconsideration, 14 FCC
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  • Notice and will close on May 28, 2004. The reference coordinates for Channel *25, Devils Lake, ND, are: 48-06-42 N 98-51-29 W. An application, in order to be considered with any other application filed during the window, must be electronically filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on May 28, 2004. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001),
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  • and 103-11-09 W. The filing window will open upon the release of this Public Notice and will close on May 24, 2004. An application, in order to be considered with any other application filed during the window, must be electronically filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on May 24, 2004. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001),
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  • dismissal letter. In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • and 101-03-37 W. The filing window will open upon the release of this Public Notice and will close on, July 26, 2004. An application, in order to be considered with any other application filed during the window, must be electronically filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on, July 26, 2004. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001),
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  • 1999). See Petition at 1. Id. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). See 47 C.F.R. § 1.4(b)(5). See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909, 909-10 (1975). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also Petition for Reconsideration Requirements, Public Notice, 15 FCC Rcd 19473 (WTB 2000). Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780
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  • Gallagher (engineering), Lisa Scanlan or Tom Nessinger (legal) of the Audio Division at (202) 418-2700. Attachment A-1: AM Auction No. 84 Singleton Applications -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we
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  • Unprocessable Request Return Form. Id. The additional corrections that were needed were as follows: (1) the payment type code for the radio service requested was missing, and (2) Box 2 of FCC Form 605 and FCC Form 159 were not complete. Id. Attachment, FCC Financial Operations Form 250-A. See Petition at 1. Id. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd. 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • Letter dated August 25, 2003, from FCC to Starbase Aviation Incorporated (Reference Number 2292083). See 47 C.F.R. § 1.106(f). See Niagara Mohawk Power Corporation, Order on Reconsideration, 17 FCC Rcd 19588, 19590 ¶ 3 (WTB PSCID 2002). See id. As noted above, Starbase did not seek reconsideration of the dismissal of its application. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • (legal) of the Audio Division at (202) 418-2700. This Public Notice contains the following Attachment: Attachment A-2: AM Auction No. 84 Singleton Applications -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we
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  • 1.4(b)(5). Indeed, Action elsewhere acknowledges that the Commission action from which it seeks relief - the cancellation of its license (based on the determination made in the Division Letter) - has already occurred. See Response/Petition at 11 (requesting reinstatement of the license). See 47 U.S.C. § 405(a); see also 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. Action properly filed its responses to the Enforcement Bureau Letter and the Division Letter with the respective designated staff persons. This is not relevant to the question of whether the petition for reconsideration was properly filed. Neither the Enforcement Bureau Letter nor the Division Letter suggested that it would be appropriate to consolidate a petition for reconsideration with either response
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  • C.F.R. § 1.221(c). OSC, 20 FCC Rcd at 5771, ¶ 12. Id. FCC 05M-13 (rel. Mar. 17, 2005). See.Judge's Ex. 2. Id. at 1-2. Id. at 4. See Memorandum Opinion and Order, FCC 05M-16 (rel. Mar. 30, 2005) (``MO&O''). Specifically, the MO&O concluded that the Show Cause Reply and its submission to the Presiding Judge were in violation of sections 0.401, 1.7, 1.47, 1.51(a)(1), 1.52, 1.209, 1.211, 1.291(a)(4), and 1.296 of the Commission's Rules. Id. at 2, ¶ 4. Id. Id. at 2, ¶ 5. Id. at 2, n.2. Id. at 3. See Judge's Ex. 3. Id. at 1. As noted above, the Media Bureau canceled the license for Station K216EQ on May 9, 2005. See Dismissal Order, note 4 supra,
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  • Las Vegas, Nevada; one AM and three FM stations at Henderson, Nevada; and two AM stations at Winchester, Nevada. See FM Assignment Policies, 90 F.C.C.2d at 92 n.8 (Commission observes that Priority (4) analyses ``can take into account . . . the number of local services . . . .''). File No. BNP-20020726ACT. File No. BNP-20000201ADK. See 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. Id., § 73.3568. (continued next page) Federal Communications Commission DA 05-3171 Federal Communications Commission DA 05-3171 e f l w g h � � � ˆ - - ­
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  • For additional information, contact Susan Crawford or Ann Gallagher (engineering), Lisa Scanlan or Tom Nessinger (legal) of the Audio Division at (202) 418-2700. -FCC- See Public Notice, ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we
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  • § 1.4. In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
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  • N. and 111-17-02 W. Billings, Montana, Channel *16, at reference coordinates 45-45-35 N. and 108-27-14 W. An application, in order to be considered with any other application filed during the window for the above noted allotments, must be electronically filed on FCC Form 340, and must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later that the close of the window on August 9, 2006. Mutually exclusive applications will be resolved by the Commission's procedures for selecting among mutually exclusive noncommercial educational applicants. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001),
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  • DA 06-874 (rel. April 20, 2006). . See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, Report and Order, 19 FCC Rcd 19331, 19379 (2004) (LPTV DTV Report and Order). See 47 C.F.R. § 73.5005. Non-mutually
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  • 2005. See also 47 C.F.R. § 74.703. See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 73.3513, 73.3514. See 47 C.F.R. § 73.5005. Non-mutually exclusive applicants filing long form applications may propose minor changes to the technical proposals specified in their previous filing. However, such non-mutually exclusive applicants may not specify in their application a change in the proposed facility that constitutes a major change from the facility specified during the
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  • Notice, 21 FCC Rcd 11720 (MB/WTB 2006). See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 73.3512 and 73.5005(d). See Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Digital Low Power Television, Television Translator and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, Report and Order, 19 FCC Rcd 19331, 19379 (2004) (LPTV DTV Report and Order). See 47 C.F.R. § 73.5005. Non-mutually exclusive applicants
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  • Factors set forth in Section IV of FCC Form 340, prior to the close of the window. An application, in order to be considered with the applications listed above or with any other application filed during the window, must be filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on July 20, 2007. Television applicants other than governments and schools are eligible to hold noncommercial educational reserved channel authorizations only if the applicant's leaders are representative of a broad cross section of community elements. Examples of elements of the community are businesses, civic groups, professions, religious groups,
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  • Notice, 22 FCC Rcd 3368 (MB/WTB 2007). See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 73.3513, 73.3514. See 47 C.F.R. § 73.5005. Non-mutually exclusive applicants filing long form applications may propose minor changes to the technical proposals specified in their previous filing. However, such non-mutually exclusive applicants may not specify in their application a change in the proposed facility that constitutes a major change from the facility specified during the
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  • though FCC have granted the assignment, I have full right to object and please note that the objection continue [sic]''). See also, e.g., Jack Gerritsen, Memorandum Opinion and Order, 20 FCC Rcd 4273, 4273 n.3 (EB 2005); Redlands Municipal Airport, Order on Reconsideration, 20 FCC Rcd 14782, 14782 ¶ 4 (WTB PSCID 2005). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). See, e.g., Pepperell Airport, Order on Reconsideration, 20 FCC Rcd 4015, 4017 n.14 (WTB PSCID 2005). 47 C.F.R. § 1.106(f). See, e.g., D & I Electronics, Inc., Order, 16 FCC Rcd 15243, 15249 ¶ 5
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  • Service Rules to Implement a Vanity Call Sign System, Memorandum Opinion and Order, PR Docket No. 93-305, 10 FCC Rcd 11135, 11137 ¶ 12 (1995) (``even if a renewal application is received on the last day of the grace period, no other conflicting application, such as a request for a vanity call sign, would be processed'')). See 47 C.F.R. § 0.401(b)(2). We note that you subsequently were successful in modifying your Amateur Radio Station call sign to N0RD. See FCC File No. 0002987647 (filed Apr. 10, 2007). Mr. Quentin R. Erickson Page 2 Federal Communications Commission Washington, D.C. 20554 July 20, 2007 $ & . B � ` hÁ hÁ � ÿ‰PNG �` �` b``DÐ 4 £&)œ@°-ˆ@Ž@ÿ7 H >˜ôO‡ìà p jóý
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  • Window; Minor Modification Application Freeze,'' 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction 84 Filing Window Public Notice''). These applications were originally mutually exclusive with other applications filed in the AM Auction No. 84 filing window, but the mutual exclusivities have been resolved and the applications are now considered to be singleton applications. See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form applications within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of AM applications filed in response to the Auction 84 Filing Window Public Notice, we
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  • Factors set forth in Section IV of FCC Form 340, prior to the close of the window. An application, in order to be considered with the applications listed above or with any other application filed during the window, must be filed on FCC Form 340, must be substantially complete and tendered for filing with the Commission in accordance with Section 0.401 of the Commission's Rules no later than the close of the window on October 12, 2007. Television applicants other than governments and schools are eligible to hold noncommercial educational reserved channel authorizations only if the applicant's leaders are representative of a broad cross section of community elements. Examples of elements of the community are businesses, civic groups, professions, religious groups,
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  • Radiobeacons (EPIRBs), Version 2.1 dated June 20, 2002.'' Letter dated May 10, 2007 from Craig Duncan, Project Engineering Manager, Standard Communications Pty. Ltd. to Scot Stone, Federal Communications Commission. Letter dated Aug. 16, 2006 from John F. Flood, Vice President, Engineering, ACR Electronics Inc. to Tim Maguire, Federal Communications Commission. Petition at 1. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). See, e.g., Thomas K. Kurian, Order on Further Reconsideration, 22 FCC Rcd 13223, 13224 ¶ 3 (WTB MD 2007) (Kurian). 47 C.F.R. § 1.106(f). See, e.g., Kurian, 22 FCC Rcd at 13224 ¶ 3. WWIZ,
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  • applicant with ten or fewer applications on file). See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512, 74.1233(d). Generally, applicants whose short form applications are determined to be non-mutually exclusive must file the appropriate long form application within thirty days of public notice identifying such non-mutually exclusive applications. See e.g. 47 C.F.R. § 73.5005(d). Given the significant volume of FM translator applications filed in response to the February 2003 Window Public Notice,
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  • C.F.R. Part 1), Frequency Allocations and Radio Treaty Matters; General Rules and Regulations (47 C.F.R. Part 2), Tariffs (47 C.F.R. Part 61), Miscellaneous Rules Relating to Common Carriers (47 C.F.R. Part 64), Radio Broadcast Services (47 C.F.R. Part 73), and Stations in the Maritime Services (47 C.F.R. Part 80). Specifically, this Order corrects bank addresses in several provisions of Sections 0.401(b), 0.482, 1.80(h), 1.227(b), 1.907, 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, 1.1152, 1.1153, 1.1154, 1.1155, 1.1156, 1.1166(d), 1.10001, 1.10009, 2.913(b), 61.14(b), 61.17(b), 61.20(b), 61.32(b), 61.153(b), 64.709(d), and 80.59(c) of the Commission's Rules, 47 C.F.R. §§ 0.401(b), 0.482, 1.80(h), 1.227(b), 1.907, 1.1102, 1.1103, 1.1104, 1.1105, 1.1106, 1.1107, 1.1152, 1.1153, 1.1154, 1.1155, 1.1156, 1.1166(d), 1.10001, 1.10009, 2.913(b), 61.14, 61.17, 61.20, 61.32, 61.153, 64.709,
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  • 2d 52 (1985). See 2009 Letter at 1. Id. The stipulation recites that it was agreed to by the parties. You indicate in your petition for reconsideration that you did not agree to this condition. If in fact you did not agree to it, you should raise the matter with the criminal court. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). See, e.g., Thomas K. Kurian, Order on Further Reconsideration, 22 FCC Rcd 13223, 13224 ¶ 3 (WTB MD 2007). Federal Communications Commission Washington, D.C. 20554 Ä Å � Æ Ç � ÿ‰PNG �` �` b``DÐ
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  • Rules, 47 C.F.R. § 1.106, the petition for reconsideration submitted by Thomas Morrison on April 15, 2009, IS DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 847 C.F.R. § 1.106(i). 947 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 ("documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission"). 10See, e.g., Thomas K.Kurian, Order on Further Reconsideration, 22 FCC Rcd 13223, 13224 ¶ 3 (WTB MD 2007). 5806
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  • (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). Petition at 3. See 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. File No. BNP-20080602ABO. See Elvis L. Moody, Letter, 24 FCC Rcd 3209 (MB 2009) (no countervailing public interest sufficient to warrant processing procedures that are not in keeping with Section 1.106(a)(1) and the standards enunciated by the Commission in the Broadcast First Report and Order). 47 C.F.R. § 1.106(a)(1). The rule is clear that, with
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  • subscribers (%) 434 87.8% 0.362 432 87.9% 0.363 Communities relieved from rate regulation Basic cable service 320 $15.09 0.260 320 $14.59 0.290 Cable programming service 320 $28.62 0.328 320 $27.48 0.346 Expanded basic service 320 $43.70 0.222 320 $42.07 0.212 Expanded basic subscribers (%) 320 88.4% 0.536 320 88.4% 0.521 Second cable operator subgroup (overall) Basic cable service 108 $13.07 0.401 108 $12.89 0.382 Cable programming service 108 $25.38 0.642 108 $23.99 0.635 Expanded basic service 108 $38.45 0.547 108 $36.89 0.510 Expanded basic subscribers (%) 108 91.7% 0.582 108 91.2% 0.591 Second cable operator subgroup (incumbents) Basic cable service 54 $12.77 0.463 54 $12.42 0.424 Cable programming service 54 $25.39 0.805 54 $24.37 0.772 Expanded basic service 54 $38.17 0.706
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  • fulltime aural service, (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). See 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. See Broadcast Applications, Public Notice, Report No. 26824 (Sep. 18, 2008). See, e.g., Aaron P. Shainis, Esq., Jerome Boros, Esq., James A. Koerner, Esq., and Mark N. Lipp, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 30, 2002); Jeffrey L. Timmons, Esq., and A. Wray Fitch III, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 13, 2002).
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  • (filed July 1, 2008). In any event, the opposition's substantive arguments were raised in Ms. Kurian's reply to MRA's opposition to Ms. Kurian's petition for reconsideration of the 2007 Division Letter, and are discussed at note 33, infra. See Kurian 2007 Petition at 1-2. See id., Attachments. See Kurian Supplement I at 1-2. 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). See, e.g., ACR Electronics, Inc., Letter, 22 FCC Rcd 20962, 20963 (WTB MD 2007). 47 C.F.R. § 1.106(k)(3). See WWIZ, Inc., 37 FCC 685, 686 ¶ 2 (1964) (stating that ``it is universally held that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-888A1_Rcd.pdf
  • records (Dunster Castle Drive).32We (...continued from previous page) opposition's substantive arguments were raised in Ms. Kurian's reply to MRA's opposition to Ms. Kurian's petition for reconsideration of the 2007 Division Letter, and are discussed at note 33, infra. 24See Kurian 2007 Petition at 1-2. 25See id., Attachments. 26See Kurian Supplement I at 1-2. 2747 C.F.R. § 1.106(i). 2847 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 ("documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission"). 29See, e.g., ACR Electronics, Inc., Letter, 22 FCC Rcd 20962, 20963 (WTB MD 2007). 3047 C.F.R. § 1.106(k)(3). 31SeeWWIZ, Inc., 37 FCC 685, 686 ¶ 2 (1964) (stating that "it is universally held that rehearing
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  • correct location. See, e.g., Thomas K. Kurian, Order on Further Reconsideration, 22 FCC Rcd 13223, 13224 ¶ 3 (WTB MD 2007). The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary, and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. See 47 C.F.R. §§ 0.401, 1.7, 1.106(i). See 2009 Dismissal Letter, 24 FCC Rcd at 14409, citing Order, at 12732-33 ¶¶ 5-6. Federal Communications Commission Washington, D.C. 20554 U � � fÿ‰PNG �` �` b``DÐ 4 £&)œ@°-ˆ@Ž@ÿ7 H >˜ôO‡ìà p jóý ¨2£=ÿõk²‡Ñ Ÿ"_­ - J÷Ë, µNt£Rb Ê7�P­÷ÔUÿZS 'ÄýwpˆÖˈ jP˜T{.|Â87w]žgíãyAèÒ¨-¾�=T#ÆO> ·#W páÃí°U­^SŽ ³tÉ''ôTxNt›l Û¦ÆéX6`T{ŠÓÌÿþÓ:ér¶• ÄAÉR\ )]h]eÆM8îIÌŸ`Ì?K^ûòá ?CªôAþUU ˆ3ê¡Ÿ=¼¼A „ \±+í_ ÆeùP�gö ÀÙƒéæ à_ą {ì.ó â•"€Ì{ZòýHV9„iÑŠ÷¸Úè s+
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  • correct location. See, e.g., Thomas K. Kurian, Order on Further Reconsideration, 22 FCC Rcd 13223, 13224 ¶ 3 (WTB MD 2007). The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary, and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. See 47 C.F.R. §§ 0.401, 1.7, 1.106(i). 10See 2009 Dismissal Letter,24 FCC Rcd at 14409, citingOrder, at 12732-33 ¶¶ 5-6. 5471
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  • for the appropriate service set forth in §§ 1.1102 through 1.1109. (b) Except as provided for in paragraph (c) of this section, all materials must be submitted as one package. The Commission will not take responsibility for matching fees, forms and applications submitted at different times or locations. Materials submitted at other than the location and address required by § 0.401(b) and paragraph (a) of this section will be returned to the applicant or filer. (c) Fees for applications and other filings pertaining to the Wireless Radio Services that are submitted electronically via ULS may be paid electronically or sent to the Commission's lock box bank manually. When paying manually, applicants must include the application file number (assigned by the ULS
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  • and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate economic burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard in this paragraph, and all subsequent pleadings, in accordance with §0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
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  • § 1.106(f). Order, 15 FCC Rcd at 3055-3056 ¶¶ 3-4. It was also noted that the Petition for Reconsideration was filed in the wrong location, i.e., Gettysburg, Pennsylvania. Id. at 3056 n.7. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C. 47 C.F.R. § 1.106(i). Pursuant to 47 C.F.R. § 0.401, filings submitted to the wrong location will not be processed. Application for Review at 2. Kay also asks for a Commission investigation into alleged instances of discrimination and bias against him. Id. at 3-4. Id. at 2. Id. at 2-3. In light of our decision, as explained in detail below, to review the merits of Kay's opposition to SLTHS's reinstatement
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  • 3 (WTB 1999) (Elkins). Although Goosetown states that ``it became customary and routine practice to lodge documents in Gettysburg via facsimile (often followed up by other means, such as express service),'' AFR at 3, we distinguish between the informal filing of courtesy copies (such as via facsimile) and the reliance upon those documents as official Commission filings. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission.''). Steven E. Powell, Memorandum Opinion and Order, 11 FCC Rcd 11925, 11926 ¶ 5 (1996) (citing Reuters Ltd. v. FCC, 781 F.2d 946 (D.C. Cir. 1986)). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. See,
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  • * * * 32. Section 0.387 is amended by revising paragraph (a) to read as follows: § 0.387 Other national security and emergency preparedness delegations; cross reference. * * * * * (a) For authority of the Chief of the Media Bureau to issue Emergency Alert System Authorizations (FCC Form 392), see §§ 0.284 (a) (4) and 73.913. 33. Section 0.401 (a)(5) is revised to read as follows: § 0.401 Location of Commission offices. * * * * * (a)(5) The location of the Office of General Counsel is 445 12th Street, SW, Washington, DC 20554. * * * * * 34. Section 0.423 is revised to read as follows: § 0.423 Information Bulletins. Information bulletins and fact sheets containing information
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  • at ¶ 24. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). See 47 C.F.R. § 1.4(b)(1). See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909 (1975); Elkins, 14 FCC Rcd at 5081 ¶ 3. 47 C.F.R. § 0.401. Id. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and
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  • procedure outlined in § 5.59(f) of this part should be followed. effective January 1, 2004. Any correspondence relating thereto that cannot be submitted electronically shall instead be submitted to the Commission's Office of Engineering and Technology, Washington, DC 20554. (Applications requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of this chapter.) * * * * * 2. Section 5.61 is amended by revising the introductory text paragraph (c) to read as follows: § 5.61 Procedure for Obtaining a Special Temporary Authorization. * * * * * effective January 1, 2004 and shall contain the following information: * * * * * 3. New Section 5.95 is added and
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  • Internet. Information on the procedures for electronically filing equipment authorization applications can be obtained from the address in paragraph (c) of this section and from the Internet. Unless otherwise directed, fees for applications for the equipment authorization, pursuant to section 1.1103 of this chapter, must be submitted either electronically via the Internet or by following the procedures described in section 0.401(b) of this chapter. The address for fees submitted by mail is: Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the applicant chooses to make use of an air courier/package delivery service, the following address must appear on the outside of the package/envelope: Federal Communications Commission, c/o Mellon Bank, Mellon Client, Service Center, 500 Ross Street
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-55A1.txt
  • Marlene H. Dortch Secretary Appendix A RULE CHANGES Parts 0, 1, 76, and 78 of Title 47 of the Code of Federal Regulations are amended as follows: PART 0 - COMMISSION ORGANIZATION The authority citation for Part 0 continues to read as follows: Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted. Revise § 0.401(b)(3) to read as follows: § 0.401 Location of Commission offices * * * * * (b)* * * (3) Alternatively, applications and other filings may be sent electronically via the Universal Licensing System (ULS) or the Cable Operations and Licensing System (COALS) as appropriate for use of those systems. PRACTICE AND PROCEDURE The authority citation for Part 1 continues to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-97A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-97A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-97A1.txt
  • 0.003 0.001 19.199 Omaha 99.903 0.097 99.893 0.107 99.893 0.107 0.009 0.000 9.566 Oklahoma City 99.882 0.118 99.871 0.129 99.870 0.130 0.011 (0.001) 9.185 Boise 99.996 0.004 99.995 0.005 99.995 0.005 0.000 0.000 7.725 Jackson 99.719 0.281 99.685 0.315 99.691 0.309 0.034 0.006 12.195 Anchorage* 99.987 0.013 99.987 0.013 99.986 0.014 0.000 (0.001) 3.720 Honolulu** 99.635 0.365 99.602 0.398 99.599 0.401 0.033 (0.003) 9.072 *Based on 180 cm DBS receive Antenna **Based on 90 cm DBS receive Antenna Notes: 1. The absolute value of the difference is the same whether comparing availability or outage (unavailability). 2. Cities shown in gray are additional cities analyzed in Second Report and Order to validate results of original 32 city sample. 3. Values shown in
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  • 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302a, 303 and 336, unless otherwise noted. 2. Section 2.913 is amended by revising paragraphs (a), (b), and (c) to read as follows: § 2.913 Submittal of equipment authorization application or information to the Commission. . or by following the procedures described in section 0.401(b) of this chapter. The address for fees submitted by mail is: Federal Communications Commission, Equipment Approval Services, P.O. Box 358315, Pittsburgh, PA 15251-5315. If the applicant chooses to make use of an air courier/package delivery service, the following address must appear on the outside of the package/envelope: Federal Communications Commission, c/o Mellon Bank, Mellon Client, Service Center, 500 Ross Street
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-251A1.txt
  • for Certain Commission Filings, Order, 22 FCC Rcd 11381 (2007); FCC Rescinds Its Interim Procedures For Electronic Filing Effective September 25, 2007, News Release (June 29, 2007). We therefore also waive the provisions of Section 1.115(f) of the Commission's rules, which requires that these pleadings be submitted to the Secretary, Federal Communications Commission at the locations set forth in Section 0.401 of the Commission's rules. See 47 C.F.R. §§ 0.401, 1.115(f). See E-mail from Jack Thompson to Kevin J. Martin, Chairman, Federal Communications Commission, transmitted December 13, 2007, 5:41 a.m. See 47 C.F. R. § 1.115(b)(2). See id. See Clear Channel Broadcasting Licenses, Inc., Notice of Apparent Liability, 19 FCC Rcd 1768, 1777 ¶ 15 (2004) (forfeiture paid) (finding that a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • all persons, standard forms are prescribed for use in connection with applications, except for applications for special temporary authority (STA), and reports submitted for Commission consideration. Standard numbered forms applicable to the Experimental Radio Service are discussed in §5.59. (b) Applications requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with §0.401(b) of this chapter. (c) Each application for station authorization shall be specific and complete with regard to station location, proposed equipment, power, antenna height, and operating frequency; and other information required by the application form and this part. (d) For conventional and program experimental radio licenses: (1) Applications for radio station authorization shall be submitted electronically through the Office of
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  • are available for use by the 1.5/1.6 GHz Mobile Satellite Service: 1525-1559 MHz: space-to-Earth 1626.5-1660.5 MHz: Earth-to-space * * * * * 21. In § 25.203, revise paragraphs (g)(2) and (g)(4) to read as follows: § 25.203 Choice of sites and frequencies. * * * * * (g) * * * scuss any protection necessary should be considered. See Section 0.401 of this chapter for contact information. * * * * * (4) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in §0.121(c) of the Commission's Rules and also meets the criteria outlined in paragraphs (g)(2) and (3) of this
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  • . . .'' 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.4(b)(2). See 47 C.F.R. § 0.403. Petition at 14. We construe this portion of Mr. Garey's Petition that he captions as a ``[r]equest for acceptance of this resubmission filing out of time'' as seeking a waiver of the statutory thirty-day filing period for petitions for reconsideration. Id. 47 C.F.R. §§ 0.401, 1.4(f) (``hand-delivered [documents] must be tendered for filing in complete form . . . with the Office of the Secretary before 7 p.m., at 236 Massachusetts Ave, NE., Washington, DC 20002.''). See Gardner v. FCC, 530 F.2d 1086, 1091-92 (D.C. Cir. 1976) (``Gardner'') (where late filing of petition seeking reconsideration of Commission decision finding radio station had not violated personal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-126A1.txt
  • and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate economic burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard in this paragraph, and all subsequent pleadings, in accordance with §0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
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  • graphic display of the content of the audio portion of the programming. The Commission will evaluate economic burden with regard to the individual outlet or programming. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard in this paragraph, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-159A1.txt
  • The extent to which the provision of closed captions is economically burdensome shall be evaluated with regard to the individual outlet. 5. Section 79.1(f)(4) is amended to read as follows: (4) An original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard, and all subsequent pleadings, shall be filed in accordance with § 0.401(a) of this chapter. 6. Section 79.1(f)(10) is amended to read as follows: (10) The Commission may deny or approve, in whole or in part, a petition for an economically burdensome exemption from the closed captioning requirements. 7. Section 79.1(f)(11) is amended to read as follows: (11) During the pendency of an economically burdensome determination, the video programming subject to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-36A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-36A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-36A1.txt
  • Commission's final determination and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate economic burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard, and all subsequent pleadings, in accordance with §0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • checking the appropriate box in Item 3, Section 1 of FCC Form 301 and provide an explanation as appropriate. 5 When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington, D.C. offices. See 47 C.F.R. Section 0.401(a). Fee-exempt applications should not be sent to the Mellon Bank Lockbox; so doing will result in a delay in processing the application. The Commission's fee collection program utilizes a U.S. Treasury lockbox bank for maximum efficiency of collection and processing. Prior to the institution of electronic filing procedures, all FCC Form 301 applications requiring the remittance of a fee, or
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  • final determination and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate undue burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the undue burden standard, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
• http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.pdf http://transition.fcc.gov/Bureaus/OGC/Orders/1998/fcc98056.wp
  • the Commission's documents and shall have authority to appoint a deputy or deputies for the purposes of custody and certification of documents located in Gettysburg, Pennsylvania or other established locations. The Secretary is delegated authority to rule on requests for extensions of time based on operational problems associated with the Commission's electronic comment filing system. See § 1.46. 3. Section 0.401 is amended by adding (a)(1)(iii) to read as follows: § 0.401 Location of Commission Offices. * * * * * (iii) Electronic filings, where permitted, must be transmitted as specified by the Commission or relevant Bureau or Office. * * * * * Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: FCC 98-56
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Part 1 D..................... Part 13 E..................... Part 22 F..................... Part 24 G.................... Part 26 H.................... Part 27 I..................... Part 80 J..................... Part 87 K.................... Part 90 L..................... Part 95 M.................... Part 97 N..................... Part 101 Federal Communications Commission FCC 98-25 B-1 APPENDIX B PROPOSED RULES - PART 0 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 0.401(b) Location of Commission offices (change to allow 0.401(b)(3) electronic filing of general correspondence via ULS). 0.408(b) OMB control numbers and expiration dates assigned 0.408(b) pursuant to the Paperwork Reduction Act (revised to reflect new ULS forms). Part 0 of Chapter 1 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 0 -- COMMISSION ORGANIZATION.
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  • Star the benefit of any doubt and assume that it mailed such an application to the Commission on or about November 17, 1998. 9. As described in Star's response to the NAL, the application Star says it filed has defects which include: (1) Star did not send its application to the Mellon Bank, in Pittsburgh, Pennsylvania, as required by Section 0.401(b) of the Rules. Instead, it mailed the application to ``License Renewal Division,'' which did not exist. (2) Star used FCC Form 600. Section 22.145 of the Rules, then in effect, required the use of FCC Form 405. 10. In view of these defects, we find that rescission of the monetary forfeiture is not warranted. However, even though the application dated
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • Rcd at 5771, 12. 9 Id. 10 FCC 05M-13 (rel. Mar. 17, 2005). 11 See.Judge's Ex. 2. 12 Id. at 1-2. 13 Id. at 4. 14 See Memorandum Opinion and Order, FCC 05M-16 (rel. Mar. 30, 2005) (``MO&O''). 15 Specifically, the MO&O concluded that the Show Cause Reply and its submission to the Presiding Judge were in violation of sections 0.401, 1.7, 1.47, 1.51(a)(1), 1.52, 1.209, 1.211, 1.291(a)(4), and 1.296 of the Commission's Rules. Id. at 2, 4. 16 Id. 17 Id. at 2, 5. 18 Id. at 2, n.2. 19 Id. at 3. 20 See Judge's Ex. 3. 21 Id. at 1. As noted above, the Media Bureau canceled the license for Station K216EQ on May 9, 2005. 22 See
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-251A1.html
  • for Certain Commission Filings, Order, 22 FCC Rcd 11381 (2007); FCC Rescinds Its Interim Procedures For Electronic Filing Effective September 25, 2007, News Release (June 29, 2007). We therefore also waive the provisions of Section 1.115(f) of the Commission's rules, which requires that these pleadings be submitted to the Secretary, Federal Communications Commission at the locations set forth in Section 0.401 of the Commission's rules. See 47 C.F.R. S:S: 0.401, 1.115(f). See E-mail from Jack Thompson to Kevin J. Martin, Chairman, Federal Communications Commission, transmitted December 13, 2007, 5:41 a.m. See 47 C.F. R. S: 1.115(b)(2). See id. See Clear Channel Broadcasting Licenses, Inc., Notice of Apparent Liability, 19 FCC Rcd 1768, 1777 P: 15 (2004) (forfeiture paid) (finding that a
• http://transition.fcc.gov/fcc-bin/audio/DA-09-1881A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-1881A1.pdf
  • (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). Petition at 3. See 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. File No. BNP-20080602ABO. See Elvis L. Moody, Letter, 24 FCC Rcd 3209 (MB 2009) (no countervailing public interest sufficient to warrant processing procedures that are not in keeping with Section 1.106(a)(1) and the standards enunciated by the Commission in the Broadcast First Report and Order). 47 C.F.R. § 1.106(a)(1). The rule is clear that, with
• http://transition.fcc.gov/fcc-bin/audio/DA-09-610A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-09-610A1.pdf
  • fulltime aural service, (2) Second fulltime aural service, (3) First local transmission service, and (4) Other public interest matters. Co-equal weight is given to Priorities (2) and (3). The FM allotment priorities were first applied to Section 307(b) determinations in mutually exclusive AM proceedings in Alessandro Broadcasting Co., Decision, 56 RR 2d 1568 (Rev. Bd. 1984). See 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 73.5005(d), and 73.3512. See Broadcast Applications, Public Notice, Report No. 26824 (Sep. 18, 2008). See, e.g., Aaron P. Shainis, Esq., Jerome Boros, Esq., James A. Koerner, Esq., and Mark N. Lipp, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 30, 2002); Jeffrey L. Timmons, Esq., and A. Wray Fitch III, Esq., Letter, Ref. No. 1800B3-TSN (MB Aug. 13, 2002).
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  • . . .'' 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.4(b)(2). See 47 C.F.R. § 0.403. Petition at 14. We construe this portion of Mr. Garey's Petition that he captions as a ``[r]equest for acceptance of this resubmission filing out of time'' as seeking a waiver of the statutory thirty-day filing period for petitions for reconsideration. Id. 47 C.F.R. §§ 0.401, 1.4(f) (``hand-delivered [documents] must be tendered for filing in complete form . . . with the Office of the Secretary before 7 p.m., at 236 Massachusetts Ave, NE., Washington, DC 20002.''). See Gardner v. FCC, 530 F.2d 1086, 1091-92 (D.C. Cir. 1976) (``Gardner'') (where late filing of petition seeking reconsideration of Commission decision finding radio station had not violated personal
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  • Schedule B. (c) All applications for broadband PCS licenses (other than applications to participate in competitive bidding filed on FCC Form 175) shall be submitted for filing to: Federal Communications Commission Washington, DC 20554 Attention: Broadband PCS Processing Section Applications requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with § 0.401(b). (d) All correspondence or amendments concerning a submitted application shall clearly identify the name of the applicant, applicant identification number or Commission file number (if known) or station call sign of the application involved, and may be sent directly to the Common Carrier Bureau, Broadband PCS Processing Section. (e) Except as otherwise specified, all applications, amendments, correspondence, pleadings and forms
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • Schedule B. (c) All applications for broadband PCS licenses (other than applications to participate in competitive bidding filed on FCC Form 175) shall be submitted for filing to: Federal Communications Commission Washington, DC 20554 Attention: Broadband PCS Processing Section. Applications requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with § 0.401(b) of this Chapter. (d) All correspondence or amendments concerning a submitted application shall clearly identify the name of the applicant, applicant identification number or Commission file number (if known) or station call sign of the application involved, and may be sent directly to the Common Carrier Bureau, Broadband PCS Processing Section. (e) Except as otherwise specified, all applications, amendments, correspondence,
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  • B. (c) All applications for GWCS radio station authorizations (other than applications for initial provision of GWCS service filed on FCC Form 175) shall be submitted for filing to: Federal Communications Commission, Washington, DC 20554, Attention: GWCS Processing Section. Applications requiring fees as set forth at Part 1, Subpart G of this chapter must be filed in accordance with § 0.401(b) of this chapter. (d) All correspondence or amendments concerning a submitted application shall clearly identify 78 the name of the applicant, applicant identification number or Commission file number (if known) or station call sign of the application involved, and may be sent directly to the Wireless Telecommunications Bureau, Washington, DC 20554, GWCS Processing Section. (e) Except as otherwise specified, all
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  • proposal for the same facility listed on Attachment A may file only a single complete FCC Form 301 application at this time. Where to File: To submit by mail, send an original and two copies of the FCC Form 301 application to: Mellon Bank, Federal Communications Commission, Mass Media Services, P.O. Box 358190, Pittsburgh, Pennsylvania 15251-5190. See 47 C.F.R. §§ 0.401(b), 1.1104. To hand carry, in person or by courier, deliver an original and two copies of the FCC Form 301 application to: Mellon Bank, Three Mellon Bank Center, 525 William Penn Way, 27th Floor, Room 153-2713, Pittsburgh, Pennsylvania. Applicants should send a courtesy copy of each FCC Form 301 application to James R. Crutchfield, Audio Services Division, Mass Media Bureau,
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  • Public Notice, DA 00-1648, July 25, 2000. See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. § 1.1104 and the Mass Media Bureau Application Fee Filing Guide available at the following Internet location: http://www.fcc.gov/fees/2000mmbguide.pdf See 47 C.F.R. §§ 0.401(b), 1.1104. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, non-mutually exclusive applicants filing FCC Form 346 applications may change the
• http://wireless.fcc.gov/auctions/81/releases/da011288.doc http://wireless.fcc.gov/auctions/81/releases/da011288.pdf http://wireless.fcc.gov/auctions/81/releases/da011288.txt
  • Notice, DA 01-383, released February 13, 2001. See 47 U.S.C. § 309(j); 47 C.F.R. § 73.5005(d); First Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, 13 FCC Rcd 15920, 15944 (1998) (``Broadcast Auction First Report and Order''). See 47 U.S.C. § 8; 47 C.F.R. §§ 0.401(b), 1.1104, 1.1109, 1.1110, 73.5005(d), 73.3512. See 47 C.F.R. § 1.1104 and the Mass Media Bureau Application Fee Filing Guide available at the following Internet location: http://www.fcc.gov/fees/2000mmbguide.pdf See 47 C.F.R. §§ 0.401(b), 1.1104. See 47 C.F.R. § 73.5005. Pursuant to procedures adopted in the Broadcast Auction First Report and Order, non-mutually exclusive applicants filing FCC Form 346 applications may change the
• http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98348.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98348.txt http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98348.wp
  • as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint. (b) Copies to be Filed. Unless otherwise directed by specific regulation or the Commission, an original and two (2) copies of all pleadings shall be filed in accordance with § 0.401(a) of this chapter, except that petitions requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of this chapter. (c) Frivolous pleadings. It shall be unlawful for any party to file a frivolous pleading with the Commission. Any violation of this paragraph shall constitute an abuse of process subject
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/00socc.pdf
  • 0.002 MTC Communications Inc. 1,418 16,044 9,935 0.000 MTCO Communications 2,203 19,661 25,752 0.001 MVP Communications 13,765 55,764 35,353 0.001 National Brands, Inc. d/b/a Sharenet Communications Company 57,614 433,855 254,002 0.006 National Telephone Exchange, Inc. 127,609 624,581 148,043 0.003 Nebraska Long Distance Company, LLC 96 1,034 476 0.000 Nemont Long Distance 440 3,536 1,590 0.000 NET-tel Corporation 2,907,033 58,140,659 18,168,956 0.401 Net2000 Communications Services, Inc. 324,363 891,377 299,031 0.007 Netmoves Corp. 8,435,329 15,066,065 8,589,085 0.190 Network Billing Systems 159,044 693,301 192,801 0.004 Network Communications International Corp. 74,632 1,492,643 466,451 0.010 Network Plus, Inc. 56,781,157 181,699,704 62,751,000 1.386 Network Telephone Corporation 17,222 72,441 31,942 0.001 NewSouth Communications Corp. 37,970 160,000 61,976 0.001 NexBand Communications, Inc. 3,577 43,673 17,330 0.000 NEXTLINK Communications, Inc.
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/99socc.pdf
  • Non- Subject to State Interstate Access Billing & RegulatedSeparations Collection and Common Traffic Special Total and Adjustments Line Sensitive Interexchange All Reporting Cos. $35,461.7 $453.2 $35,008.5$8,223.3$26,785.2$13,731.5$5,758.1$7,281.5$26,771.1 $14.1 Bell Operating Cos. 27,071.3 350.8 26,720.5 5,194.0 21,526.510,502.2 4,757.6 6,252.721,512.4 14.1 All Other Cos. 8,390.4 102.4 8,288.0 3,029.3 5,258.7 3,229.3 1,000.5 1,028.9 5,258.7 Alabama 413.7 4.61 409.1 55.3 353.8 205.3 77.1 71.0 353.4 0.401 AL Arizona 609.3 13.63 595.6 123.5 472.1 239.7 107.4 125.0 472.1 AZ Arkansas 245.4 1.21 244.2 58.8 185.4 91.4 42.6 51.4 185.4 AR California 4,181.3 102.92 4,078.4 1,250.9 2,827.5 1,454.6 569.2 803.8 2,827.5 CA Colorado 616.2 12.70 603.5 99.8 503.7 236.0 114.0 153.7 503.7 CO Connecticut 435.7 7.69 428.0 40.0 388.0 161.5 137.1 89.3 388.0 CT Delaware 81.3 1.08 80.2
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • checking the appropriate box in Item 3, Section 1 of FCC Form 301 and provide an explanation as appropriate. 5 When filing a fee-exempt application, an applicant must complete Item 3 and provide an explanation as appropriate. Applications NOT subject to a fee may be hand-delivered or mailed to the FCC at its Washington, D.C. offices. See 47 C.F.R. Section 0.401(a). Fee-exempt applications should not be sent to the Mellon Bank Lockbox; so doing will result in a delay in processing the application. The Commission's fee collection program utilizes a U.S. Treasury lockbox bank for maximum efficiency of collection and processing. Prior to the institution of electronic filing procedures, all FCC Form 301 applications requiring the remittance of a fee, or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00258.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00258.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00258.txt
  • final determination and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate undue burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the undue burden standard, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002142.pdf
  • proposal for the same facility listed on Attachment A may file only a single complete FCC Form 301 application at this time. Where to File: To submit by mail, send an original and two copies of the FCC Form 301 application to: Mellon Bank, Federal Communications Commission, Mass Media Services, P.O. Box 358190, Pittsburgh, Pennsylvania 15251-5190. See 47 C.F.R. §§ 0.401(b), 1.1104. To hand carry, in person or by courier, deliver an original and two copies of the FCC Form 301 application to: Mellon Bank, Three Mellon Bank Center, 525 William Penn Way, 27th Floor, Room 153-2713, Pittsburgh, Pennsylvania. Applicants should send a courtesy copy of each FCC Form 301 application to James R. Crutchfield, Audio Services Division, Mass Media Bureau,
• http://www.fcc.gov/Bureaus/OGC/Notices/1997/fcc97113.pdf http://www.fcc.gov/Bureaus/OGC/Notices/1997/fcc97113.txt http://www.fcc.gov/Bureaus/OGC/Notices/1997/fcc97113.wp
  • HIGHLIGHTED) Part 0 of Title 47 of the Code of Federal Regulations is amended as follows: Part 0 -- COMMISSION ORGANIZATION 1. The authority citation for Part 0 continues to read as follows: AUTHORITY: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted. 47 CFR Part 0 is amended to read as follows: 2. Section 0.401 is amended by adding (a)(1)(iii) to read as follows: '' 0.401 Location of Commission Offices. * * * (iii) Electronic filings, where permitted, must be transmitted as specified by the Commission or relevant Bureau or Office. * * * Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: Part 1 -- PRACTICE AND PROCEDURE
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Part 1 D..................... Part 13 E..................... Part 22 F..................... Part 24 G.................... Part 26 H.................... Part 27 I..................... Part 80 J..................... Part 87 K.................... Part 90 L..................... Part 95 M.................... Part 97 N..................... Part 101 Federal Communications Commission FCC 98-25 B-1 APPENDIX B PROPOSED RULES - PART 0 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 0.401(b) Location of Commission offices (change to allow 0.401(b)(3) electronic filing of general correspondence via ULS). 0.408(b) OMB control numbers and expiration dates assigned 0.408(b) pursuant to the Paperwork Reduction Act (revised to reflect new ULS forms). Part 0 of Chapter 1 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 0 -- COMMISSION ORGANIZATION.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000314.doc
  • (Elkins). In addition, we note that the Petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D. C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed, 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See Elkins, 14 FCC Rcd at 8041 ¶ 3; Columbia Millimeter Communications, LP, Order on Reconsideration, 14 FCC Rcd
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000816.doc
  • not the only methods by which documents may be filed. We reject this argument as specious. Contrary to Columbia's argument, the lack of the word ``only'' in Section 1.7 of the Commission's Rules, which provides that documents are considered filed upon their receipt at the location designated by the Commission, does not render the rule unclear. Moreover, Columbia ignores Section 0.401 of the Commission's Rules, which admonishes persons filing documents with the Commission to ensure that their documents are filed at the correct location as the Commission maintains different offices for different purposes, and warns that filings submitted to the wrong location will not be processed. We therefore reject Columbia's argument that reconsideration petitions may be filed at locations other than
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001764.doc
  • C. Miller, Communications Systems Manager, ITS, State of Washington to Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (dated January 31, 2000). See FCC File No. 0000023073. See FCC File No. 0000023072. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001774.doc
  • file numbers for this matter would not in any way enhance GLM's interests and instead would create administrative uncertainty. See 47 C.F.R. § 90.621(e). Branch Letter at 1. See 47 C.F.R. § 90.151(a) (1996) (currently codified at 47 C.F.R. § 1.925(b)(3)). 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001794.doc
  • station license. In addition, we note that the petition was filed in the wrong location. The Commission's Rules require that petitions for reconsideration be filed with the Office of the Secretary in Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing documents with the Commission that filings submitted to the wrong location will not be processed. 47 C.F.R. § 0.401; see also 47 C.F.R. § 1.7 (``documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission''). Thus, even if the petition were timely, it would be subject to dismissal as improperly filed. See In the Matter of Memorandum of Agreement Between the Federal Communications Commission and Elkins Institute, Inc., Order on
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002141.doc
  • of America to Mary M. Shultz, Federal Communications Commission (dated March 20, 2000) (Petition). Notice of Application Dismissal, dated March 9, 2000 (Branch Letter). FCC File No. D134186 (filed October 10, 1999). Id. Id. Branch Letter at 1. Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002144.doc
  • Metrocall Petition at 2. Id. See Metrocall Petition at 2; Waiver Request at 2. See Public Notice Report No. 2050 (July 20, 1999). Metrocall Petition at 1-2; Waiver Request at 2. Feb. 8 Letter at 1. See Metrocall Petition at 1. 47 U.S.C. § 405. 47 U.S.C. § 405; 47 C.F.R. § 1.106(f). 47 C.F.R. § 1.106(i). 47 C.F.R. § 0.401. 47 C.F.R. § 1.7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Service Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n.14 (CSB 1995). See, e.g., Memorandum of Agreement between the Federal Communications Commission and Elkins
• http://www.fcc.gov/cgb/dro/captioning_regs.html
  • requirements including, but not limited to, text or graphic display of the content of the audio portion of the programming. Undue burden shall be evaluated with regard to the individual outlet. (4) An original and two (2) copies of a petition requesting an exemption based on the undue burden standard, and all subsequent pleadings, shall be filed in accordance with 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Comments or oppositions to
• http://www.fcc.gov/cgb/dro/vd-order.doc
  • final determination and any available alternative that might constitute a reasonable substitute for the video description requirements. The Commission will evaluate undue burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the undue burden standard, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments
• http://www.fcc.gov/eb/Orders/2001/da01899.doc http://www.fcc.gov/eb/Orders/2001/da01899.html
  • Star the benefit of any doubt and assume that it mailed such an application to the Commission on or about November 17, 1998. 9. As described in Star's response to the NAL, the application Star says it filed has defects which include: (1) Star did not send its application to the Mellon Bank, in Pittsburgh, Pennsylvania, as required by Section 0.401(b) of the Rules. Instead, it mailed the application to ``License Renewal Division,'' which did not exist. (2) Star used FCC Form 600. Section 22.145 of the Rules, then in effect, required the use of FCC Form 405. 10. In view of these defects, we find that rescission of the monetary forfeiture is not warranted. However, even though the application dated
• http://www.fcc.gov/eb/Orders/2005/DA-05-1889A1.html
  • Rcd at 5771, 12. 9 Id. 10 FCC 05M-13 (rel. Mar. 17, 2005). 11 See.Judge's Ex. 2. 12 Id. at 1-2. 13 Id. at 4. 14 See Memorandum Opinion and Order, FCC 05M-16 (rel. Mar. 30, 2005) (``MO&O''). 15 Specifically, the MO&O concluded that the Show Cause Reply and its submission to the Presiding Judge were in violation of sections 0.401, 1.7, 1.47, 1.51(a)(1), 1.52, 1.209, 1.211, 1.291(a)(4), and 1.296 of the Commission's Rules. Id. at 2, 4. 16 Id. 17 Id. at 2, 5. 18 Id. at 2, n.2. 19 Id. at 3. 20 See Judge's Ex. 3. 21 Id. at 1. As noted above, the Media Bureau canceled the license for Station K216EQ on May 9, 2005. 22 See
• http://www.fcc.gov/eb/Orders/2008/FCC-08-251A1.html
  • for Certain Commission Filings, Order, 22 FCC Rcd 11381 (2007); FCC Rescinds Its Interim Procedures For Electronic Filing Effective September 25, 2007, News Release (June 29, 2007). We therefore also waive the provisions of Section 1.115(f) of the Commission's rules, which requires that these pleadings be submitted to the Secretary, Federal Communications Commission at the locations set forth in Section 0.401 of the Commission's rules. See 47 C.F.R. S:S: 0.401, 1.115(f). See E-mail from Jack Thompson to Kevin J. Martin, Chairman, Federal Communications Commission, transmitted December 13, 2007, 5:41 a.m. See 47 C.F. R. S: 1.115(b)(2). See id. See Clear Channel Broadcasting Licenses, Inc., Notice of Apparent Liability, 19 FCC Rcd 1768, 1777 P: 15 (2004) (forfeiture paid) (finding that a
• http://www.fcc.gov/foia/e-room.html
  • 0.420, and 0.431. Similarly, records published under the provisions of 5 U.S.C. 552(a)(1) the Federal Register requirement for publishing basic information about the organization of the agency are excluded from the definition of Reading Room records. These records are described at 47 C.F.R. Part 0, Subpart A (Organization -- 0.1 0.191); Subpart B (Delegations of Authority -- 0.201 0.392); and 0.401 and 0.402 (location of Commission offices and office hours). last reviewed/updated on July 02, 2010 __________________________________________________________________ [89]Skip Bottom FCC Navigation Links and Contact Info [90]FCC Home | [91]Search | [92]RSS | [93]Updates | [94]E-Filing | [95]Initiatives | [96]Consumers | [97]Find People __________________________________________________________________ [98]Skip FCC Footer and Contact Info Federal Communications Commission 445 12th Street SW Washington, DC 20554 [99]More FCC
• http://www.fcc.gov/mb/engineering/76print.html
  • well as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint. (b) Copies to be Filed. Unless otherwise directed by specific regulation or the Commission, an original and two (2) copies of all pleadings shall be filed in accordance with 0.401(a) of this chapter, except that petitions requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with 0.401(b) of this chapter. (c) Frivolous pleadings. It shall be unlawful for any party to file a frivolous pleading with the Commission. Any violation of this paragraph shall constitute an abuse of process subject to
• http://www.fcc.gov/mb/engineering/coals_order03-55.pdf
  • FCC Rcd 21027 (1998). 5 Streamlining of Mass Media Applications, 13 FCC Rcd at 23061. 6 NCTA Comments, September 6, 2000, at 2 ­ 3. 7 Streamlining of Mass Media Applications, 13 FCC Rcd at 23061 (citing Wait Radio v FCC, 418 F.2d 1153, 1157 (1969)). 8 Id., n.14. 9 29 U.S.C. §§ 791 ­ 94. 10 47 C.F.R. § 0.401(b). Federal Communications Commission FCC 03-55 4 bank as in the past.11 Filers will, however, now be required to have an FCC Registration Number (FRN) obtained through the Commission Registration System (CORES).12 Current Commission rules also require that MVPDs provide hand-written signatures on filings with the Commission. COALS will allow electronic filers to provide an electronic signature. As proposed, an electronic
• http://www.fcc.gov/mb/engineering/part76.pdf
  • well as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint. (b) Copies to be Filed. Unless otherwise directed by specific regulation or the Commission, an original and two (2) copies of all pleadings shall be filed in accordance with §0.401(a) of this chapter, except that petitions requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with §0.401(b) of this chapter. (c) Frivolous pleadings. It shall be unlawful for any party to file a frivolous pleading with the Commission. Any violation of this paragraph shall constitute an abuse of process subject to
• http://www.fcc.gov/mb/engineering/part78.pdf
  • 43259, June 27, 2002; 69 FR 72047, Dec. 10, 2004] § 78.15 Contents of applications. top (a) Applications for authorization in the Cable Television Relay Service shall be submitted on FCC Form 327, and shall contain the information requested therein. Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with §0.401(b) of the rules. (b) An application for a CARS studio to headend link or LDS station license shall contain a statement that the applicant has investigated the possibility of using cable rather than microwave and the reasons why it was decided to use microwave rather than cable. Note: Each applicant filing pursuant to §78.15 is responsible for the continuing accuracy
• http://www.fcc.gov/omd/privacyact/System_of_records/pia-violators.pdf
  • notice (SORN)? Yes No Please explain your response: The information, including the personally identifiable information (PII) that is covered by this SORN, is located in: Primary: Enforcement Bureau (EB), Federal Communications Commission (FCC), 445 12th Street, S.W., Washington, DC 20554; and Secondary: various field facilities. Information about FCC Field Offices may also be found in 47 CFR Sections 0.121 and 0.401. 2.3 Have there been any changes to the categories of individuals covered by the system of records notice (SORN)? Yes No 15 Please explain your response: The categories of individuals that are covered by FCC/EB-1, "Violators Files" SORN, include: (1) Individuals who have been subjects of Federal Communications Commission (FCC) field enforcement actions, i.e., monitoring, inspection, and/or investigation, etc., for