Federal Communications Commission DA 12-757 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Great God Gospel and ) File No. BNPFTB-20090330ADZ Educational Station, Inc. ) Facility ID No. 180726 ) Licensee of Station WITG-LP-1 ) ) Application for a New FM Booster Station ) at Ocala, Florida ) ) ORDER ON RECONSIDERATION Adopted: May 14, 2012 Released: May 15, 2012 By the Chief, Media Bureau: 1. We have before us a Petition for Reconsideration (“Petition”) filed on December 1, 2011, by Great God Gospel and Educational Station, Inc. (“GGG”), licensee of low-power FM station (“LPFM”) WITG-LP, Ocala, Florida (the “Station”). GGG seeks reconsideration of the Commission Order1 denying GGG’s Application for Review and upholding the Media Bureau (the “Bureau”) decision2 to deny GGG’s request for waiver of Section 73.860(a) of the Commission’s Rules3 (the “Rules”), and to affirm the dismissal of the captioned application for a new FM booster station at Ocala, Florida.4 For the reasons discussed below, we dismiss the Petition pursuant to Sections 1.106(b)(3) and 1.106(p) of the Rules.5 2. Section 1.106(b)(3) and 1.106(p) of the Rules provide that the Bureau may dismiss a petition for reconsideration of a Commission decision affirming a prior Bureau decision in the case if the petition fails to rely on new facts or changed circumstances. It is settled Commission policy that petitions for reconsideration are not to be used for the mere reargument of points previously advanced and 1 Great Gospel and Educational Station, Inc., Memorandum Opinion and Order, 26 FCC Rcd 15848 (2011) (the “Order”). 2 See Stephen T. Yelverton, Letter, 25 FCC Rcd 7300 (MB 2010) (the “Reconsideration Decision”). 3 47 C.F.R. § 73.860(a). 4 Letter to Great God Gospel And Educational Station, Inc. (MB rel. Jun. 8, 2009) (the “Staff Decision”) (dismissing the captioned application for violation of Section 73.860(a) of the Rules). GGG first requested waiver of Section 73.860(a) of the Rules in its petition for reconsideration of the Staff Decision. 5 47 C.F.R. §§ 1.106(b)(3) and 1.106(p). See Barry Wood, Esq., Letter, 24 FCC Rcd 13666 (MB 2009) (Bureau dismissed petition for reconsideration as repetitious under Section 1.106(b)(3)). Federal Communications Commission DA 12-757 2 rejected.6 Reconsideration will not be granted merely for the purpose of again debating matters on which the Commission has already deliberated and decided. 7 3. In its Petition, GGG asserts that the “Commission overlooked its request for waiver of Section 73.860(a) in the Application for Review.”8 We disagree. In the Reconsideration Decision, the Bureau rejected GGG’s Section 73.860(a) waiver request on the grounds that GGG failed to present facts or circumstances sufficient to demonstrate that waiver, rather than strict application, of Section 73.860(a) of the Rules would further the public interest. 9 Upon review of the entire record, the Commission upheld the Bureau’s decision for the reasons stated in the Reconsideration Decision.10 In the Petition, GGG merely repeats arguments already considered and rejected by the Commission in its Order. Therefore, GGG offers neither new relevant facts nor changed circumstances, and we will dismiss the Petition as repetitious. 4. Accordingly, IT IS ORDERED, pursuant to authority contained in 47 C.F.R. §§ 1.106(b)(3) and 1.106(p) of the Rules, that the Petition for Reconsideration filed by Great God Gospel and Educational Station, Inc., on December 1, 2011, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau 6 See Regents of the University of California, Order, 17 FCC Rcd 12891, 12892 (WTB 2002) (“Regents”) (citing Mandeville Broadcasting Corp. and Infinity Broadcasting of Los Angeles, Order, 3 FCC Rcd 1667 (1988)); and M&M Communications, Inc., Memorandum Opinion and Order, 2 FCC Rcd 5100 (1987). 7 See Regents, 17 FCC Rcd at 12892. See also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff’d sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966) (Commission does not need to reexamine arguments that it has already considered and rejected). 8 Petition at 1. 9 See Reconsideration Decision at 3; see Delta Radio, Inc. v. FCC, 387 F.3d 897, 900-01 (D.C. Cir. 2004). 10 See Order, 26 FCC Rcd at 15848 (upholding the Bureau’s decision for the reasons stated in the Reconsideration Decision).