Federal Communications Commission Washington, D.C. 20554 March 20, 2007 DA 07-1357 In Reply Refer to: 1800B3-RDH Released: March 20, 2007 Mr. Martin L. Hensley Hoosier Public Radio Corporation 15 Wood Street Greenfield, Indiana 46140 In re: Western Kentucky University Station WKPB(FM), Henderson, KY Facility ID No. 71864 File No. BRED-20040402ABF Hoosier Public Radio Corporation File No. BPED-20040701AEF Petition for Reconsideration Dear Mr. Hensley: We have before us the “Petition for Reconsideration and Reinstatement Nunc Pro Tunc/Petition for Reconsideration Nunc Pro Tunc WKPB Renewal and License Grant – Motion to Correct Errors/Petition for Hearing” (the “Petition”) received by the Commission on April 8, 2005, submitted by Hoosier Public Radio Corporation (“Hoosier”). The Petition asks us to reconsider our March 2, 2005, ruling (“Staff Ruling”) granting the above-noted license renewal application of Station WKPB(FM) (the “Station”) Henderson, Kentucky, licensed to Western Kentucky University (“Licensee”); to designate that renewal application for an evidentiary hearing; and to reinstate an application filed by Hoosier seeking share-time operation of the Station.1 Also before us is a “Request for Dismissal” of the Petition (“Request”) filed by the Licensee. Background. The Licensee filed the license renewal application for the Station was filed on April 2, 2004, for the license term ending August 1, 2004. Hoosier filed a “Petition to Deny” that application by letter dated July 31, 2004.2 Additionally, on July 1, 2004, Hoosier filed the above-noted Share-Time Application. In the Staff Ruling, the staff granted the Station’s license renewal application, dismissed Hoosier’s Share-Time Application and its Petition to Deny and other objections. Public Notice of this decision was released on March 7, 2005.3 1 File No. BPED-20040701AEF (the “Share-Time Application”). 2 It is unclear on what date the Petition to Deny was actually filed with the Commission. The attached Certificate of Service, however, notes that it was not mailed until August 2, 2004. Also, on September 20, 2004, Hoosier filed a “Motion to Join the Parties/Request for Review and Declaratory Ruling – RICO Act and Sherman Antitrust Act – Market Allocation/Request For Review and Declaratory Ruling – Ex Parte Applicant Communications/Motion To Compel - Request For Discovery/Petition To Deny – Request For Moratorium” against WKPB(FM) and other stations. 3 Public Notice, Broadcast Actions, Report No. 45935 (March 7, 2005). 2 Discussion. We will dismiss the Petition. A petition for reconsideration is required by statute to be filed within thirty days from the date upon which public notice is given of the decision complained of.4 Public notice of the grant of the Application and dismissal of Hoosier’s Share-Time Application was made on March 7, 2005. Petitions for reconsideration were due no later than Wednesday, April 6, 2005. Hoosier’s Petition was received by the Commission’s mail room after that deadline, on April 8, 2005.5 The Commission lacks authority to waive or extend the statutory 30-day filing period for petitions for reconsideration unless the petitioner shows that its failure to file in a timely manner resulted from “extraordinary circumstances.”6 Hoosier did not present an explanation for the late-filing of the Petition. Because Hoosier’s Petition was not filed within thirty days of the date of public notice announcing the complained-of actions, we must dismiss the Petition. Conclusion/Actions. For the reasons set forth above, Hoosier Public Radio Corporation’s “Petition for Reconsideration and Reinstatement Nunc Pro Tunc/Petition for Reconsideration Nunc Pro Tunc WKPB Renewal and License Grant – Motion to Correct Errors/Petition for Hearing” IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Cc: Brian M. Madden, Esq. Philip A. Bonomo, Esq. 4 47 U.S.C. § 405. See also 47 C.F.R. § 1.106(f). 5 Under the Commission’s Rules, pleadings are considered to be filed with the Commission upon their receipt at the location designated by the Commission. See 47 C.F.R. § 1.7. 6 See, e.g., Gardner v. FCC, 530 F.2d 1086, 1091-92 (D.C. Cir. 1976).