Federal Communications Commission
Washington, D.C. 20554
October 9, 2009
 
DA  09-2195
 In Reply Refer To: 
 1800B3-RBG
Released:  October 9, 2009
Mr. George Robbins  
P.O. Box 1079   
La Conner, Washington 98257    
 
In re:  WCIX(FM), Versailles, Indiana   
Facility ID No. 175316     
File No. BNPED-20071019ANS 
 
 Petition for Reconsideration of Grant 
of Construction permit 
 
Dear Mr. Robbins:    
This refers to the complaint you filed on March 19, 2008, concerning the construction permit  
(File No. BNPED-20071019ANS) of Spryex Communications, Inc. (“Spryex”) granted on January 11, 
2008, for a new noncommercial educational (NCE) station, which has the call sign WCIX(FM) 
(“WCIX”), at Versailles, Indiana.  Although the complaint was filed with the Enforcement Bureau, that 
bureau has referred the complaint to us for consideration.  In your complaint, you assert that you received 
a notice that Spryex was offering to sell its NCE construction permit at a profit,1 which you stated 
appeared to be contrary to the Commission’s intent in reserving channels for “community radio.”  
Because you request that the Commission reverse its award of a construction permit to Spryex, due to 
Spryex’s allegedly “faulty qualifications” and the possibility that it filed the referenced application simply 
to make a financial gain, we shall treat it as a Petition for Reconsideration of the Commission’s grant of 
that construction permit.  
Section 405(a) of the Communications Act of 1934,2 as amended, states that any party aggrieved 
by an order, decision, report, or action of the Commission, or of any designated authority within the 
Commission, may file a petition for reconsideration of that order, decision, report or action within thirty 
days from the date upon which public notice of the order, decision, report, or action is given.  This thirty 
day period is statutory and cannot be waived or extended by the Commission, except in “extraordinary 
circumstances,” such as where the late-filing is due to the Commission’s failure to give a party timely 
notice of the action for which reconsideration is sought.3  
  
1 We note that the application (File No. BAPED-20090811AAJ) to assign Station WCIX to Sacred Heart Radio was 
granted on September 29, 2009.
2 47 U.S.C. § 405(a).   
3  See Gardner v. FCC, 530 F. 2d 1086 (D.C. Cir. 1976).  
2
The public notice granting Station WCIX’s construction permit was released on January 16, 
2008.  Accordingly, the day after the release date, namely, January 17, 2008, marked the beginning of the 
thirty day period for filing a petition for reconsideration.4 Any such petition was due no later than 
February 18, 2008.5 Your Petition for Reconsideration was received by the Commission on March 19, 
2008, one month after the end of the thirty day statutory period for filing a petition for reconsideration.  
Further, you have not presented “extraordinary circumstances” that would justify a waiver or extension of 
the thirty day statutory filing period.6 Therefore, your Petition for Reconsideration must be dismissed as 
untimely.  
Moreover, we note that Spryex’s authorization is for a full power FM educational station, 
not a low power FM (LPFM) station.  While the Commission’s Rules prohibit the sale of an 
LPFM license for a profit, require licensees of LPFM stations to retain those licenses for three 
years, and prohibit the assignment or transfer of an LPFM construction permit,7 there are no such 
restrictions for full power FM stations like WCIX.  
Accordingly, your complaint submitted on March 19, 2008, IS DISMISSED.  
Sincerely,  
Peter H. Doyle   
Chief, Audio Division 
Media Bureau   
cc:  Station WCIX
    
 
4  See Section 1.4(b) of the Commission’s Rules.  47 C.F.R. § l.4(b).  
5  See Sections 1.4(e) and (j) of the Commission’s Rules.  47 C.F.R. § 1.4(e) and (j).  February 18 was the first 
business day after the thirty day period ended on Saturday, February 16, 2008.  
6  See footnote 3, supra.  
7 47 C.F.R. § 73.865.