Wireless bureau dismisses petition for reconsideration
June 7, 2012
The FCC Wireless Telecommunications Bureau June 4 dismissed a petition for reconsideration of a pending termination of license filed by High Plains Broadcasting.
In its petition, High Plains Broadcasting had asked the bureau to reconsider placing into “termination pending status” a modification of license for a broadcast auxiliary TV Intercity Relay Station in the Bakersfield, CA.
According to the bureau, it first issued a modified license for broadcast auxiliary TV Intercity Relay Station WLI234 on Aug. 3, 2010, and set a deadline of Feb. 3, 2012, for completing construction of the station.
On March 14, the bureau sent High Plains Broadcasting a termination letter, and the station was assigned the termination pending status. On the same day, the bureau issued a public notice of the action. High Plains Broadcasting filed a petition for reconsideration on May 19.
In dismissing the petition, the bureau said commission rules require a petition for reconsideration to be filed within 30 days from the date of the public notice of the FCC action.
The bureau said the U.S. Court of Appeals for the District of Columbia Circuit “has consistently held that the Commission is without authority to extend or waive the statutory thirty-day filing period for filing petitions for reconsideration” except in extraordinary circumstances.
According to the bureau, if High Plains Broadcasting wants to continue operating the station it must a completed Form 601 to reauthorize the facilities. In the intervening period, the bureau directed High Plains Broadcasting to file a request for Special Temporary Authority if it wants to keep operating the facility.