Federal Communications Commission	DA 20-1196


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


In the Matter of

Wise Regional Health System, Decatur, Texas

Request for Waiver of Section 1.946 of the Commission’s Rules
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Call Sign WRAT408


ORDER

Adopted:  October 13, 2020	Released: October 14, 2020 

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

1. On April 3, 2019, the Public Safety and Homeland Security Bureau (Bureau) notified Wise Regional Health System (Wise) that the Bureau had placed license, call sign WRAT408, on Termination Pending status because Wise failed to meet the construction and construction notification requirements of the Commission’s rules. See Auto Termination Letter, Reference Number: 6476895 (dated Apr. 3, 2019) (Auto Termination Letter).  As a condition of its authorization, the Commission’s rules required Wise to construct its station, Call Sign WRAT408, by Jan. 12, 2019. 47 CFR § 1.946.
  On June 4, 2019, Wise filed a Petition for Reconsideration of the notice of termination of its license. Petition for Reconsideration filed June 4, 2019 by Wise Regional Health System (Petition).
  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, the deadline for Wise to a file a reconsideration petition was May 3, 2019, 30 days after the Bureau notified Wise of the pending termination.  However, Wise did not file its Petition until June 4, 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 Wise desires to continue operating under the parameters formerly set forth under call sign WRAT408, it must file a new, properly coordinated application.  In addition, if Wise 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 Wise Regional Health System on June 4, 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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