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FCC Denies an Application for Review of KWFA(AM) by Marlene V. Borman

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Released: February 21, 2013
Federal Communications Commission FCC 13-25

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

MARLENE V. BORMAN

)
File No. BP-19870303AG
)
File No. BMAP-20040130AIG
Permittee of Station KWFA(AM),
)
File No. BMP-20060803AQI
Tye, Texas
)
Facility ID No. 40403
)

MEMORANDUM OPINION AND ORDER

Adopted: February 20, 2013

Released: February 21, 2013

By the Commission:
1.
The Commission has before it an Application for Review filed on April 21, 2008, by
Marlene V. Borman ("Borman"), permittee of unbuilt Station KWFA(AM), Tye, Texas (the “Station”).
Borman seeks review of the March 21, 2008, action by the Media Bureau (the “Bureau”)1 denying
Borman's petition for reconsideration of the denial of her request for waiver of Section 73.3598 of the
Commission’s Rules2 and additional time to construct the Station.3 The Bureau denied the petition,
concluding that circumstances beyond Borman’s control were not the primary cause of her failure to
construct.
2.
Upon review of the Application for Review and the entire record, we conclude that
Borman has failed to demonstrate that the Bureau erred. The Media Bureau, in the Staff Decision,
properly decided the matters raised, and we uphold its decision for the reasons stated therein.
3.
ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the
Communications Act of 1934, as amended,4 and Section 1.115(g) of the Commission’s Rules,5 the
Application for Review IS DENIED.

1 See Dennis J. Kelly, Esq., Letter, 23 FCC Rcd 4786 (MB 2008) (“Staff Decision”).
2 47 C.F.R. § 73.3598.
3 See Dennis J. Kelly, Esq., Letter, 21 FCC Rcd 2956 (MB 2006) (denying Borman’s Request for Expedited Action
or, in the Alternative, for Tolling of Construction Period); Dennis J. Kelly, Esq., Letter, Ref. No. 1800B3-IB (Dec.
18, 2006) (denying waiver of the three-year construction period).
4 47 U.S.C. § 155(c)(5).
5 47 C.F.R. § 1.115(g).

Federal Communications Commission FCC 13-25
4.
IT IS FURTHER ORDERED that, because the Station’s construction permit expired on
January 22, 2007, the call letters KWFA ARE DELETED, and the Commission’s data base will be
updated to reflect the expiration of the construction permit, File No. BP-19870303AG.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch

Secretary
2

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