*Pages 1--3 from Microsoft Word - 6140.doc* Federal Communications Commission DA 01- 140 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) CRESCENT REAL ESTATE EQUITIES LP ) File No. 9709D093153 ) Licensee of Private Land Mobile ) Industrial/ Business Radio Station WPKP593 ) Located in Houston, Texas ) ORDER ON RECONSIDERATION Adopted: January 18, 2001 Released: January 22, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On July 6, 2000, PM Realty Group (PM Realty) requested reconsideration 1 of the June 9, 2000, grant of the captioned assignment application. 2 The subject application sought authorization to assign Private Land Mobile Industrial/ Business Radio Station WPKP593, located in Houston, Texas, from PM Realty to Crescent Real Estate Equities LP (Crescent). For the reasons set forth below, we dismiss the Petition. II. BACKGROUND 2. On June 2, 1997, Champion Communication Services Inc. (Champion) received a new authorization to operate Private Land Mobile Industrial/ Business Station WPKP593 on frequency pair 489.2875/ 492.2875 MHz in the Houston, Texas area. 3 Champion assigned the station to PM Realty on February 4, 1998. 4 Richard P. Goerlich was listed on the license authorization as the contact person for PM Realty. 5 On May 22, 2000, Crescent filed an application with the FCC, seeking authorization to assign Station WPKP593 from PM Realty to Crescent. 6 The application contained a certification form, 1 See Letter from Robert M. Green II, PM Realty Group, to FCC Gettysburg, Pennsylvania (dated July 5, 2000, and received July 6, 2000) (Petition). 2 See FCC File No. 9709D093153. 3 See FCC File No. 9701D067823, requesting authorization to operate a new station (granted June 2, 1997). 4 See FCC File No. 9709D093153, requesting authorization to assign Station WPKP593 from Champion to PM Realty (granted Feb. 4, 1998). 5 Id. 6 See FCC File No. 9709D093153, requesting authorization to assign Station WPKP593 from PM Realty to Crescent (filed May 22, 2000). 1 Federal Communications Commission DA 01- 140 2 signed by Richard P. Goerlich of PM Realty, certifying PM Realty’s consent to the assignment of the station. 7 Mr. Goerlich also signed the certification that the station was constructed on behalf of both PM Realty and Crescent. 8 The assignment application was granted on June 9, 2000. 9 3. By letter dated July 5, 2000 and received July 6, 2000, PM Realty requested reconsideration of the June 9, 2000 grant of the assignment application. 10 In the Petition, PM Realty alleged that Mr. Goerlich “is not authorized by, nor employed by, PM Realty Group LP.” 11 PM Realty submitted its Petition to the FCC’s Gettysburg, Pennsylvania office. 12 A certificate of service page was not attached to the Petition. III. DISCUSSION 4. Section 1.106( i) of the Commission’s Rules provides that a petition for reconsideration must be submitted to the Secretary, Federal Communications Commission, Washington, D. C. 20554. 13 The Commission maintains different offices for different purposes, and persons filing documents with the Commission must take care to ensure that their documents are filed at the correct location specified in the Commission’s Rules. 14 Applications and other filings not submitted in accordance with the correct addresses or locations will be returned to the filer without processing. 15 A document is filed with the Commission upon its receipt at the location designated by the Commission. 16 Accordingly, the plain language of the Commission’s Rules states that a petition for reconsideration submitted to the Commission’s Gettysburg, Pennsylvania office is not properly filed. 17 7 See FCC Form 1046, signed by Richard P. Goerlich (dated May 16, 2000). 8 Id. 9 See FCC File No. 9709D093153, requesting authorization to assign Station WPKP593 from PM Realty to Crescent (granted June 9, 2000). 10 See Petition. 11 Id. 12 See Petition (containing date stamp indicating receipt in Gettysburg on July 6, 2000). 13 47 C. F. R. § 1.106( i). 14 47 C. F. R. § 0.401. 15 Id. 16 47 C. F. R. § 1. 7; First Auction of Interactive Video and Data Service (IVDS) Licenses, Request for Waiver of Applications Deadline, Memorandum Opinion and Order, 11 FCC Rcd 1134, 1135 (1996); Complaints Regarding Cable Programming Services Prices, Amended Order on Reconsideration, 10 FCC Rcd 12778, 12780 n. 14 (CSB 1995). 17 See, e. g., Memorandum of Agreement between the Federal Communications Commission and Elkins Institute 2 Federal Communications Commission DA 01- 140 3 5. Section 1. 106( f) of the Commission’s Rules provides that a petition for reconsideration must be served upon the parties to the proceeding. 18 There is no indication in the Petition that it was served on Crescent. 19 6. The Petition was never filed with the Office of the Secretary. Therefore, we find that the Petition was not timely filed in the proper location. Moreover, PM Realty did not request a waiver to file its Petition in Gettysburg, as opposed to filing it with the Office of the Secretary. Consequently, absent a waiver, we conclude that PM Realty’s Petition should be dismissed as improperly filed. 20 IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED pursuant to Sections 4( i) and 405 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 405, and Sections 1.106( f) and (i) of the Commission's Rules, 47 C. F. R. §§ 1.106 (f) and (i), that the request by PM Realty Group for reconsideration of the grant of the assignment authorization of Station WPKP593 from PM Realty Group to Crescent Real Estate Equities LP, relating to File Number 9709D093153, received on July 6, 2000, at an improper location 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 Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau Inc., Order on Reconsideration, 14 FCC Rcd 5080 (WTB 1999) (determining that a facsimile copy to a division office neither complied with the Commission’s Rules nor ameliorated the late filing with the Secretary’s office); Columbia Millimeter Communications, LP, Order on Reconsideration, 14 FCC Rcd 2782 (WTB PSPWD 1999) (finding that a petition for reconsideration sent to the Commission’s lock box at Mellon Bank neither complied with the Commission’s Rules nor ameliorated the late filing with the Secretary’s office), aff’d., Order on Reconsideration, 15 FCC Rcd 10251 (WTB PSPWD 2000). 18 47 C. F. R. § 1.106( f). 19 We note that Section 1.47( g) of the Commission’s Rules, 47 C. F. R. § 1.47( g), states that failure to make proof of service will not affect the validity of the service. The Commission may allow the proof to be amended or supplied at any time, unless to do so would result in material prejudice to a party. In the instant matter, we are not requiring PM Realty to provide proof that it timely served Crescent with its Petition, because the Petition is being dismissed because PM Realty did not file in the proper location. 20 Notwithstanding the dismissal of the Petition, we note with concern PM Realty’s allegation that the person who signed the assignment application “is not authorized by, nor employed by PM Realty Group LP.” We are therefore referring this matter to the Commission’s Enforcement Bureau for investigation. 3