Federal Communications Commission DA 12-434 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
AMERICAS SURVEY COMPANY
Petition for Reconsideration of Pending 
Termination of License for Station WQMC201 
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File No. 0004215298
ORDER ON RECONSIDERATION
Adopted:  March 21, 2012 Released:  March 21, 2012
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 of 
our placement into termination pending status of an industrial/business pool microwave station in San 
Diego, California.  
II. BACKGROUND
2. On June 23, 2010, the Bureau issued Americas Survey Company (ASC) a new license for 
industrial/business pool microwave Station WQMC201 (the Station).1 The deadline for constructing the 
Stations was December 23, 2011.2 On September 27, 2011, the Bureau sent ASC a construction/coverage 
reminder letter.3 On February 1, 2012, license auto-termination letters were sent4 and the Station entered 
termination pending status.  Accordingly, on the same day, the Bureau provided public notice of the 
pending license terminations.5 On March 8, 2012, ASC filed a petition for reconsideration of the 
placement of the Station into termination pending status.6
III. DISCUSSION
3. Section 405(a) of the Communications 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.7 Computation of the thirty-day period is determined in 
  
1 See File No. 0004215298 (granted June 23, 2010).
2 Id.
3 Construct/Coverage Reminder, Ref. No. 5224123 (Sep. 27, 2011).
4 Auto Termination letters, Ref. No. 5305640 (Feb. 1, 2012).
5 Wireless Telecommunications Bureau Site Based Licenses Termination Pending, Report No. 7498, Public Notice
(Feb. 1, 2012) at 2.
6 Petition for Reconsideration, Americas Survey Company (filed Mar. 8, 2012) (Petition).
7 47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).
Federal Communications Commission DA 12-434 
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accordance with Section 1.4 of the Commission’s Rules.8 Since public notice of the impending license 
terminations were given on February 1, 2012, 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 February 2, 2012.  The last day for 
filing a petition for reconsideration was March 2, 2012.
4. We received ASC’s Petition on March 8, 2012.  Therefore, we find that the Petition was 
filed late.  The United States Court of Appeals for the District of Columbia Circuit has consistently held 
that the Commission 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,9 except where 
“extraordinary circumstances indicate that justice would thus be served.”10 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.11 We do not believe that ASC has shown such extraordinary circumstances to be present here.  
Indeed, ASC has failed to acknowledge that it did not file in a timely manner.   Accordingly, we dismiss 
the Petition as late-filed.
5. If ASC wishes to continue operating the terminated facilities, it must file a completed 
FCC Form 601, in accordance with all applicable Commission Rules, to reauthorize the facilities.   In the 
interim, ASC 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 facilities.
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 by Americas Survey 
Company on March 8, 2012 IS DISMISSED.
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
  
8 47 C.F.R. § 1.4.
9 See Reuters Ltd. v. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986); Gardner v. FCC, 530 F.2d 1086 (D.C. Cir. 1976). 
10 Gardner v. FCC, 530 F.2d at 1091.
11 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 (1975).