Federal Communications Commission	DA 20-730


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

In the Matter of

Unlicensed Use of the 6 GHz Band

Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz 
 
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ET Docket No. 18-295

GN Docket No. 17-183

MEMORANDUM OPINION AND ORDER

Adopted:  July 13, 2020	Released:  July 13, 2020

By the Acting Chief, Office of Engineering and Technology:

1.  On June 29, 2020, Encina Communications Corporation filed a Petition for Reconsideration (Petition) in the above-captioned proceeding. Petition for Reconsideration of Encina Communications Corporation, ET Docket No. 18-295, GN Docket No. 17-183 (filed June 29, 2020).
  The Petition seeks reconsideration of an April 23, 2020 Report and Order which adopted rules authorizing new types of unlicensed operations in the 5.925-7.125 GHz band under Part 15 of our rules. Unlicensed Use of the 6 GHz Band, Report and Order and Further Notice of Proposed Rulemaking, 35 FCC Rcd 3852 (2020); 47 CFR Part 15.  

2. Section 1.106(p) of the Commission’s rules provides that “[p]etitions for reconsideration of a Commission action that plainly do not warrant consideration by the Commission may be dismissed or denied by the relevant bureau(s) or office(s).” 47 CFR § 1.106(p).
  Section 1.106(p) includes untimely filed petitions as an example of petitions that do not warrant consideration by the Commission under this provision. 47 CFR § 1.106(p)(9).
  The 30-day period for filing petitions for reconsideration is statutory 47 U.S.C. § 405(a).
 and generally may not be waived. See Reuters Ltd. v. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986) (express statutory limitations barred the Commission from acting on a petition for reconsideration that was filed after the due date).
  The Report and Order was published in the Federal Register on May 26, 2020, Federal Communications Commission, Unlicensed Use of the 6 GHz Band, Final Rule, 85 Fed. Reg. 31390 (May 26, 2020).
 and thus public notice was given on that day. See 47 CFR § 1.4(b)(1). 
  A Petition for Reconsideration of this order must have been filed within thirty days, i.e. on or by June 25, 2020, to be considered timely.  However, the Petition was filed on June 29, 2020, four days late.  We therefore dismiss it. See Virgin Islands Tel. Corp. v. FCC, 989 F.2d 1231, 1237 (D.C. Cir. 1993) (upholding the Commission's refusal to entertain a petition for reconsideration where the petition had been filed one day late, finding that “extenuating circumstances did not prohibit [the petitioner] from filing within the prescribed time limits”).  See also Pueblo Radio Broad. Serv., Memorandum Opinion and Order, 6 FCC Rcd 1416 (1991) (dismissing petition for reconsideration that was filed one day late); Metromedia, Inc., Memorandum Opinion and Order, 56 FCC 2d 909 (1975) (same); Panola Broad. Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978) (same).  
  
3. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed on June 29, 2020 by Encina Communications Corporation, IS DISMISSED, pursuant to Section 1.106(p) of the Commission’s Rules. 47 CRF § 1.106(p).

						
FEDERAL COMMUNICATIONS COMMISSION




						Ronald T. Repasi
						Acting Chief
						Office of Engineering and Technology


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