Federal Communications Commission	DA 19-1137


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Town of Cave Creek

Request for Waiver of Section 1.946 of the Commission’s Rules
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Call Sign WRAG519


ORDER

Adopted:  November 4, 2019		Released:  November 4, 2019

By the Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau:

1. On June 12, 2019, the Public Safety and Homeland Security Bureau (Bureau) notified the Town of Cave Creek (Cave Creek) that it had placed station WRAG519 on Termination Pending status because Cave Creek failed to meet the construction and construction notification requirements of the Commission’s rules. See Auto Termination Letter, Reference Number: 6502108 (dated Jun. 12, 2019) (Auto Termination Letter).  As a condition of its authorization, the Commission’s rules required the County to construct its station, Call Sign WRAG519, by May 9, 2019. 47 CFR § 1.946.
  On July 30, 2019, Cave Creek filed a Petition for Reconsideration of the notice of termination of its license. Petition for Reconsideration filed July 30, 2019 by the Town of Cave Creek, Arizona.
  We dismiss the Petition as untimely. 
2. Section 1.106(f) of the Commission’s rules requires that a petition for reconsideration “shall be filed within 30 days from the date of public notice of the final Commission action…” 47 CFR §106(f). 
  Thus, July 12, 2019 was the filing deadline for Cave Creek to file a reconsideration petition.  However, Cave Creek did not file its Petition until July 30, 2019.  Because the Petition does not meet the requirements of Section 1.106(f), we must dismiss it as untimely. 47 CFR § 1.106(f) is based on Section 405(a) of the Communications Act of 1934, as amended, 47 U.S.C. § 405(a).  Other than in circumstances not present here, this statutory requirement cannot be waived.  See Reuters Ltd. v. FCC, 781 F2d 946, 951–952 (D.C.Cir.1986).
  
3. If Cave Creek desires to continue operating under the parameters formerly set forth under call sign WRAG519, it must file a new, properly coordinated application.  In addition, if Cave Creek needs to operate while the application is pending with the Commission, it must immediately file a request for special temporary authority in accordance with Section 1.931 of the Commission’s rules. See 47 CFR § 1.931.
 
4. Accordingly, IT IS ORDERED, pursuant to the authority of Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r), Section 1.106 of the Commission’s Rules, 47 CFR §1.106, and Section 405(a) of the Communications Act of 1934, as amended, 47 U.S.C. § 405(a), that the Petition for Reconsideration filed by the Town of Cave Creek on July 30, 2019, IS DISMISSED. 

5. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission’s Rules, 47 CFR §§ 0.191, 0.392.  
FEDERAL COMMUNICATIONS COMMISSION 




Michael J. Wilhelm  
Chief, Policy and Licensing Division 
Public Safety and Homeland Security Bureau

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