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TVOK Network Auto-term Petition for Reconsideration Dismissal Order

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Released: October 31, 2013

Federal Communications Commission

DA 13-2110

Before the

Federal Communications Commission

Washington, D.C. 20554

In the matter of
)
)

TVOK NETWORK
)
File No. 0004932992
)
Petition for Reconsideration of Placement into
)
Termination Pending Status of License for Station )
WQOS306, Enid, Oklahoma
)
)

ORDER ON RECONSIDERATION

Adopted: October 31, 2013

Released: October 31, 2013

By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:

I.

INTRODUCTION

1.
In this Order on Reconsideration, we dismiss as untimely a petition for reconsideration
filed by Oklahoma Community Television, LLC (“OKTV”).1 OKTV requests reconsideration of the
placement of the license of TVOK Network (“TVOK”) for TV Studio Transmitter Link Station
WQOS306, Enid, Oklahoma, into termination pending status.2

II.

BACKGROUND

2.
Station WQOS306 was used in connection with Station KOXK-LD, Enid, Oklahoma.3
On January 12, 2012, the Wireless Telecommunications Bureau (“Bureau”) issued a license for Station
WQOS306.4 The license imposed a construction deadline of July 13, 2013.5 The Bureau did not receive
notification that Station WQOS306 had been timely constructed.

1 See Petition for Reconsideration (filed Sep. 24, 2013) (Petition).
2 When a licensee fails to file a notification that it has completed construction by an applicable buildout deadline, the
license, location, or frequency is placed in “termination pending” status. For a license, location, or frequency in that
status, the Bureau presumes that the licensee did not meet buildout requirement. If the licensee does not file a
petition for reconsideration within 30 days after public notice of the termination pending status demonstrating that it
met that buildout requirement, the status of the license, location, or frequency is changed to “terminated” as of the
buildout deadline. See Wireless Telecommunications Bureau Announces Deployment Of “Auto-Term,” the
Automated Feature in its Universal Licensing System That Identifies Unconstructed Stations Resulting in Automatic
Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006).
3 Petition.
4 File No. 0004932992 (granted Jan. 12, 2012). See also Wireless Telecommunications Bureau Site-By-Site Action,
Report No. 7457, Public Notice (Jan. 18, 2012) at 18.
5 File No. 0004932992 (granted Jan. 12, 2012).

Federal Communications Commission

DA 13-2110

3.
On August 21, 2013, letters and a public notice were issued announcing that Station
WQOS306 had been placed in termination pending status for failure to meet the construction deadline.6
TVOK had thirty days from the date of the Termination Public Notice to file a petition for reconsideration
demonstrating that the stations had been timely constructed.7 OKTV filed the Petition on September 24,
2013.8

III.

DISCUSSION

4.
Section 405(a) of the Act, as implemented by Section 1.106(f) of the Commission’s
Rules, requires that a petition for reconsideration be filed within thirty days from the date of public notice
of Commission action.9 Computation of the thirty-day period is determined in accordance with Section
1.4 of the Commission’s Rules.10 Since public notice that the licenses had been placed in termination
pending status was given on August 21, 2011, pursuant to Section 1.4(b)(4) of the Commission’s Rules,
the first day to be counted in computing the thirty-day period was August 21, 2011, the date the public
notice was released.11 Therefore, the last day for filing a petition for reconsideration was September 20,
2013.
5.
OKTV’s petition for reconsideration was received on September 24, 2013. Therefore, we
find the Petition was filed late. Moreover, the Commission has consistently held that it is without
authority to extend or waive the statutory thirty-day filing period for filing petitions for reconsideration
specified in Section 405(a) of the Communications Act.12 Consequently, we conclude the petition for
reconsideration filed by OKTV must be dismissed as untimely filed.
6.
If TVOK wishes to continue operating the terminated facility, it must file a completed
FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facility. If the
application meets the criteria specified in Section 74.25(c) of the Commission’s Rules, TVOK may
operate the facility conditionally as soon as the application has been properly filed.13 In the interim,
TVOK should file a request for Special Temporary Authority, in accordance with Section 1.931 of the
Commission’s Rules, if it wishes to continue operating the facility.

6 See Letter to TVOK Network, LLC, Ref. No. 5640831 (Aug. 21, 2013); Wireless Telecommunications Bureau Site
Based Licenses Termination Pending Public Notice, Public Notice, Report No. 8965 (Aug. 21, 2013) at 2
(“Termination Public Notice”). A letter was also sent to TVOK’s designated contact representative, Marilyn
Metheny.
7 See Wireless Telecommunications Bureau Announces Deployment Of “Auto-Term,” the Automated Feature in its
Universal Licensing System That Identifies Unconstructed Stations Resulting in Automatic Termination of Licenses,
supra, 21 FCC Rcd at 168; 47 C.F.R. § 1.106(f).
8 Petition.
9 47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).
10 47 C.F.R. § 1.4.
11 47 C.F.R. § 1.4(b)(4).
12 See Reuters Ltd. V. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986). See also Petition for Amendment of the
Commission’s Rules to Establish First and Second Class Radiotelephone Operator Licenses, Order, 10 FCC Rcd
3196 (1995). We note the filing requirement of Section 405(a) of the Act applies even if the petition for
reconsideration is filed only one day late. 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, 909-01 (1975).
13 47 C.F.R. § 74.25(c).
2

Federal Communications Commission

DA 13-2110

IV.

ORDERING CLAUSES

7.
Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 405, and Section 1.106 of the
Commission’s Rules, 47 C.F.R. § 1.106, the petition for reconsideration filed by Oklahoma Community
Television, LLC on September 24, 2013 IS DISMISSED.
8.
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
John J. Schauble
Deputy Chief, Broadband Division
Wireless Telecommunications Bureau
3

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