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Commission Denies Application for Review Filed by Best of Life ES Inc.

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Released: November 1, 2011

Federal Communications Commission

FCC 11-165

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Best of Life Educational Services, Inc.

)
File No. BNPL-20010615ADM

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Facility ID No. 134960
Application for a Construction Permit
)
for a New Low Power FM Station
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at Lady Lake, Florida
)

MEMORANDUM OPINION AND ORDER

Adopted: October 31, 2011

Released: November 1, 2011

By the Commission:
1.
The Commission has before it for consideration an Application for Review1 filed on
August 17, 2005, by Best of Life Educational Services, Inc. ("BOLES"), seeking review of a denial by the
Media Bureau, Audio Division (the "Bureau"), of a petition for reconsideration of the Bureau's dismissal
of an application for a construction permit for a new Low Power FM ("LPFM") Station at Lady Lake,
Florida. The Bureau found the Application defective because at the time of filing BOLES did not meet
the eligibility criteria set forth in Section 73.8532 of the Commission's rules for holding an LPFM station
license.3
2.
Upon review of the Application for Review and the entire record, we conclude that BOL
has failed to demonstrate that the Bureau erred. The Media Bureau properly decided the matters raised,
and we uphold its decision for the reasons stated in its Letter.
3.
ACCORDINGLY, IT IS ORDERED that, pursuant to section 5(c)(5) of the
Communications Act of 1934, as amended, 47 U.S.C. 155(c)(5), and section 1.115(g) of the
Commission's rules, 47 C.F.R. 1.115(g), the Application for Review BE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary


1 Best of Life Educational Services, Inc., Application for Review (filed Aug. 17, 2005); FCC Broadcast Applications
Public Notice, Report No. 26054 (rel. Aug. 23, 2005).
2 47 C.F.R. 73.853.
3 Letter to Vernon T. Snyder, WTL Communications, Inc., et al., from Peter H. Doyle, Chief, Audio Division, Media
Bureau, 20 FCC Rcd 12066 (MB 2005) ("Letter"). On September 23, 2005 over four years after filing its
application for a construction permit BOLES supplemented its Application for Review with information
purporting to show that it became a non-profit corporation in Florida on August 25, 2005. Even if true, that
contention is unavailing: As the Bureau explained, "an applicant for an LPFM station must certify its eligibility to
own and operate such station at the time it files its application." Id. at 1067 (emphasis added; citations omitted).

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