Federal Communications Commission	DA 21-310


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


In the Matter of

Junction City Police Department

Petition for Reconsideration 	
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Call Sign WQHB673

	

ORDER

Adopted:  March 12, 2021	Released: March 12, 2021 

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

1. On October 11, 2017, the Public Safety and Homeland Security Bureau (Bureau) dismissed the renewal application filed by the Junction City, Oregon, Police Department (Junction City) for license, call sign WQHB673. See Auto Termination Letter, Reference Number: 6301331 (Oct. 11, 2017) (Dismissal Letter).  
  The Bureau dismissed the renewal application because it reflected wideband operation (25 kilohertz), whereas section 90.209 of the Commission’s rules 47 CFR § 90.209.
 required Junction City to employ narrowband (12.5 kilohertz or equivalent efficiency) operation.  On November 22, 2017, Junction City filed a Petition for Reconsideration (Petition) of the dismissal and dated it October 17, 2017.  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 Junction City to a file a reconsideration petition was within 30 days of the Dismissal Letter – by November 10, 2017.  Although Junction City dated its Petition October 17, 2017, it did not actually file its Petition in the Commission’s Universal Licensing System until November 22, 2017.  As such, the Petition does not meet the requirements of section 1.106(f) and we 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 F.2d 946, 951–952 (D.C. Cir.1986).
  
3. If Junction City desires to continue operating under the parameters formerly set forth under call sign WQHB673, it must file a new, properly coordinated application reflecting narrowband operation.  In addition, if Junction City needs to operate while the application is pending with the Commission, it must immediately file a request for special temporary authority (STA) in accordance with section 1.931 of the Commission’s rules. See 47 CFR § 1.931.
  The STA will not be granted unless the request therefor specifies narrowband operation.
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 Junction City, Oregon, Police Department on November 22, 2017, 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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