Federal Communications Commission DA 12-436 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
VISTA BROADBAND NETWORKS, INC.
Petition for Reconsideration of Pending 
Termination of License for Station WQMD231 
and WQMD232
)
)
)
)
)
)
)
)
File Nos. 0004223155, 0004223162
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 two industrial/business pool microwave station in 
Ignacio, California.  
II. BACKGROUND
2. On July 1, 2010, the Bureau issued Vista Broadband Networks, Inc. (Vista) new licenses 
for industrial/business pool microwave Station WQMD231 and WQMD232 (the Stations).1 The deadline 
for constructing the Stations was January 1, 2012.2 On October 4, 2011, the Bureau sent Vista a 
construction/coverage reminder letter.3 On February 8, 2012, license auto-termination letters were sent4
and the Stations entered termination pending status.  Accordingly, on the same day, the Bureau provided 
public notice of the pending license terminations.5 On March 13, 2012, Vista filed a petition for 
reconsideration of the placement of the Stations 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 Nos. 0004223155, 0004223162 (granted July 1, 2010).
2 Id.
3 Construct/Coverage Reminder, Ref. No. 5227282 (Oct. 4, 2011).
4 Auto Termination letters, Ref. No. 5310165, 5310166 (Feb. 8, 2012).
5 Wireless Telecommunications Bureau Site Based Licenses Termination Pending, Report No. 7520, Public Notice
(Feb. 8, 2012) at 3.
6 Petition for Reconsideration, Vista Broadband Networks, Inc. (filed Mar. 13, 2012) (Petition).
7 47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).
Federal Communications Commission DA 12-436 
2
accordance with Section 1.4 of the Commission’s Rules.8 Since public notice of the impending license 
terminations were given on February 8, 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 9, 2012.  The last day for 
filing a petition for reconsideration was March 9, 2012.
4. We received Vista’s Petition on March 13, 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 Vista has shown such extraordinary circumstances to be present here.  
Indeed, Vista has failed to acknowledge that it did not file in a timely manner.   Accordingly, we dismiss 
the Petition as late-filed.
5. If Vista 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, Vista 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 Vista Broadband 
Networks, Inc. on March 13, 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).