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WEAZ-FM Radio, Inc

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Released: January 8, 2010

Federal Communications Commission

DA 09-2298

Before the

Federal Communications Commission

Washington, D.C. 20554

In the matter of
)
)

WEAZ-FM RADIO, INC.
)
File No. 0003840213
)
Application to Modify License for Aural Studio
)
Transmitter Link Station WAA913, Bala Cynwyd, )
Pennsylvania
)
)

ORDER ON RECONSIDERATION

Adopted: October 26, 2009

Released: October 26, 2009

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

I.

INTRODUCTION

1.
We have before us a petition for reconsideration1 filed on behalf of WEAZ-FM Radio,
Inc. (WEAZ), requesting reconsideration of the dismissal of WEAZ's application2 to modify the license
for Aural Studio Transmitter Link Station WAA913, Bala Cynwyd, Pennsylvania. For the reasons stated
below, we deny the Petition.

II.

BACKGROUND

2.
On May 15, 2009, WEAZ submitted the Application to modify the license for Station
WAA913 by adding a receive auxiliary site.3 The Wireless Telecommunications Bureau (Bureau)
returned the Application on July 18, 2009.4 The Return Letter stated:
We are returning your application to afford you the opportunity to amend it by including
an attachment. Specifically, we request clarification of purpose so that we may continue
in the processing of your application. In your application you propose the addition of a
receive auxiliary site, the purpose of which is not clearly indicated. We will need to
know if you propose to operate continuously at this site or if it is intended as a backup to
your main receive site. Please amend your application to include an attachment which
clearly indicates the intention of your operations at the proposed site.5
On July 24, 2009, WEAZ amended the Application to report that the proposed receive auxiliary site was
proposed to operate only as a backup to the main receive site.6


1 See Petition to Reconsider (filed Sep. 21, 2009) (Petition).
2 File No. 0003840213 (filed May 15, 2009) (Application).
3 Id.
4 Notice of Return, Ref. No. 4885486 (Jul. 18, 2009) (Return Letter).
5 Id.
6 Clarification Amendment (filed Jul. 24, 2009).

Federal Communications Commission

DA 09-2298

3.
On September 16, 2009, the Bureau dismissed the Application.7 The Dismissal Letter
stated, in pertinent part:
This letter is in response to your application for the addition of a receive auxiliary site in
the AS radio service. After numerous failed attempts at contacting you to offer you the
option of withdrawing your application, your application is being dismissed as redundant.
The type of back-up operation you propose is already permissible under Rule Section
74.24 for short term, and if a longer term of operation becomes necessary you may
request an STA pursuant to Rule Section 73.1635.8
4.
On September 21, 2009, WEAZ filed the Petition.9 WEAZ claims that Micronet
Communications, Inc. (Micronet), an entity that helped WEAZ prepare the Application, was not aware of
the Bureau's request to have the auxiliary site removed from the Application and requests reconsideration
so that the Application can be modified.10

III.

DISCUSSION

5.
WEAZ's claim that Micronet was not aware of the Commission's request to have the
auxiliary site removed from its application does not provide a basis for reconsidering the dismissal of its
Application. The proposed modification to add a backup site was unnecessary because operation of a
backup receive site is permissible pursuant to Section 74.24 of the Commission's Rules in the short term,
and longer term operation could be sought under special temporary authority.11 Therefore, the proposed
modification of license is unnecessary, and it would be inappropriate to grant the Petition to reinstate the
Application. If WEAZ wishes to make further changes to its license, it should file a new application.

IV.

ORDERING CLAUSES

6.
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 on behalf of WEAZ-FM
Radio, Inc., on September 21, 2009 IS DENIED.
7.
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


7 Notice of Dismissal, Ref. No. 4903878 (Sep. 16, 2009) (Dismissal Letter).
8 Id.
9 Petition.
10 Id.
11 See Dismissal Letter.
2

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