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HEATHER BINDNER

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Released: December 8, 2009

Federal Communications Commission

DA 09-2562

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

HEATHER BINDNER
)
Station WPEN414, Sandpoint, Idaho
)

ORDER

Adopted: December 7, 2009

Released: December 8, 2009

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1.
Introduction. For the reasons set forth below, we modify the Commission’s licensing
records to reflect the cancellation of the license of Heather Bindner for 800 MHz Industrial/Land
Transportation Station WPEN414, Sandpoint, Idaho.
2.
Background. On March 17, 2004, the Commission renewed Binder’s license to operate
Station WPEN414.1 On June 10, 2009, the 800 MHz Transition Administrator informed the Commission
that Bindner had permanently discontinued operation of the station. On August 25, 2009, the Public
Safety and Homeland Security Bureau (PSHSB), acting pursuant to Section 308(b) of the
Communications Act of 1934, as amended,2 requested that Bindner provide specified information
concerning the operational status of Station WPEN414 within thirty days.3 PSHSB stated that if Bindner
failed to respond within thirty days, the Commission could conclude that the authorization for Station
WPEN414 had terminated due to permanent discontinuance of operation.4 No response has been received
to date.
3.
Discussion. Section 90.157 of the Commission’s Rules provides that a license for a
private land mobile radio station cancels automatically upon discontinuance of operation for a period of
one year or more.5 The information provided by the 800 MHz Transition Administrator indicates that
Station WPEN414 is not in operation and that its authorization cancelled automatically due to a
permanent discontinuance of service, and Bindner’s failure to respond to PSHSB presumptively indicates
that the station is not constructed or operational.6 Therefore, we will update the Commission’s Universal
Licensing System to reflect the cancellation of the license for Station WPEN414.
4.
Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. § 154(i), and Section 90.157 of the Commission’s Rules, 47 C.F.R.
§ 90.157, the Commission’s licensing records SHALL BE MODIFIED to reflect the cancellation of the
license for Station WPEN414.


1 FCC File No. 0001656924 (filed Mar. 16, 2004).
2 47 U.S.C. § 308(b).
3 Letter dated June 10, 2009, from Michael J. Wilhelm, Public Safety and Homeland Security Bureau, to Heather
Bindner.
4 Id. at 2.
5 See 47 C.F.R. § 90.157(a).
6 See, e.g., Milton H. Pintell, Order on Reconsideration, 20 FCC Rcd 19315, 19316 ¶ 5 (WTB PSCID 2005).

Federal Communications Commission

DA 09-2562

5.
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
2

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