In Reply Refer to: 1800B3-TSN DA 22-1168 Released: November 10, 2022 EMAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mega-Philadelphia LLC 535 Route 38 E. Suite 110 Cherry Hill, NJ 08002 Paul Bame Prometheus Radio Project P.O. Box 42158 Philadelphia, PA 19101 info@prometheusradio.org Re: DW293DS, Camden, New Jersey Facility ID No. 202134 Application File No. BNPFT-20180508ABL CDBS Legal Action ID No. 47112 Application for Review Dear Applicant and Objector: We have before us an Application for Review (AFR) filed on March 5, 2020, by Prometheus Radio Project (Prometheus). Application for Review of Prometheus Radio Project, filed Mar. 5, 2020 (Application for Review), supplemented by Motion for Leave to File Supplemental Certificate of Service, filed Mar. 6, 2020. See Broadcast Applications, Public Notice, Report No. 29691 (MB March 10, 2020). The Application for Review is unopposed. Prometheus seeks reversal of the Media Bureau (Bureau) order denying its Petition for Reconsideration. Prometheus Radio Project and Mega-Philadelphia, LLC, Letter Decision, 35 FCC Rcd 182 (MB 2020) (Camden Reconsideration Decision). Prometheus and its fellow objectors Center for International Media Action, and Common Frequency, Inc. (collectively Objectors) sought reconsideration of the denial of their informal objections to 328 cross-service FM translator applications filed in the Auction 99 and 100 windows. See Petitions for Reconsideration of Prometheus, Center for International Media Action, and Common Frequency, Inc., filed July 9, 2018 (Reconsideration Petitions), seeking reconsideration of Center for International Media Action, Common Frequency, Inc., and Prometheus Radio Project, Letter Decision, 33 FCC Rcd 5394 (MB 2018) (Staff Decision). Of those 328 Reconsideration Petitions, 327 were dismissed, and only Prometheus’s petition against Mega-Philadelphia LLC’s (MPL) above-referenced application for a new FM cross-service translator station at Camden, New Jersey, File No. BNPFT-20180508ABL. was considered and denied on its merits. Center for International Media Action, Common Frequency, Inc., and Prometheus Radio Project, Letter Decision, 33 FCC Rcd 6733, 6734-35 (MB 2018) (Reconsideration Decision) (stating that only Prometheus had established standing to file a petition for reconsideration); Camden Reconsideration Decision, 35 FCC Rcd at 187-88. As a result of changed circumstances and as explained more fully below, the AFR is dismissed as moot. MPL filed its application for a new FM translator at Camden as part of the Auction 100 filing window. See Revitalization of the AM Radio Service, First Report and Order, Further Notice of Proposed Rule Making, and Notice of Inquiry, 30 FCC Rcd 12145, 12152-54, paras. 15-17 (2015) (AMR First R&O) (announcing two 2016 cross-service FM translator modification filing windows, to be followed by two 2017 auction filing windows for new cross-service FM translators (designated as Auction 99 and Auction 100), available to AM licensees and permittees that did not participate in the 2016 modification windows). After MPL’s application was identified as not being mutually exclusive with any other Auction 100 application, MPL filed its long-form (FCC Form 349) application. The long-form application was filed on May 8, 2018, and placed on public notice thereafter. See Broadcast Applications, Public Notice, Report No. 29236 (MB May 15, 2018). One day after MPL’s long-form application was accepted for filing, Objectors filed an Informal Objection against “All Pending Translator Applications For Pending Construction Permits For New, Modification, or Minor Changes To FM Translator Stations,” including MPL’s. The Informal Objection filed by Objectors on May 16, 2018, sought dismissal of a total of 994 then-pending FM translator applications, including the Camden Application. MPL did not file an Opposition to the Informal Objection which, as noted, was not directed specifically to its application. The Bureau denied the Informal Objections, Staff Decision, 34 FCC Rcd at 4594, 4600. granted a construction permit for MPL’s requested new facilities, See Broadcast Actions, Public Notice, Report No. 49258, at 50 (MB June 15, 2018). and upheld its decisions on reconsideration. Reconsideration Decision, 33 FCC Rcd at 6735; Camden Reconsideration Decision, 35 FCC Rcd at 187-88. In its Application for Review, Prometheus seeks to reverse the Bureau’s Camden Reconsideration Decision. See Application for Review at 1-3. The construction permit for MPL’s translator station W293DS (Translator) was granted on June 12, 2018, and was to expire on June 12, 2021. However, the Bureau extended MPL’s and others’ construction periods for six months, so that the Translator’s construction permit actually expired on December 12, 2021. See Media Bureau Announces Availability of Construction Deadline Waivers for Certain FM Translator Stations Awarded in Auctions 99 and 100, Public Notice, 35 FCC Rcd 9555 (MB 2020). The Bureau notified MPL of the impending expiration of its construction permit; See E-Mail from Christina Parker, Industry Analyst, FCC Media Bureau, Audio Division, to Clarence Beverage and F. Reid Avett, Contact Representatives for Mega-Philadelphia LLC (Dec. 10, 2021, 5:00 p.m. EST). however, MPL never applied for a license for W293DS. Upon further consideration, we conclude that the AFR is moot due to changed circumstances. MPL failed to construct the Translator’s facilities as authorized by December 12, 2021, the construction permit expiration date. See 47 CFR § 73.3598; File No. BPFT-20180508ABL, modified as indicated in note <13>, supra, and accompanying text. Therefore, the construction permit expired by its terms on December 12, 2021, and was automatically forfeited. See 47 U.S.C. § 319(b) (construction permit “shall provide that said permit will be automatically forfeited if the station is not ready for operation within the time specified or within such further time as the Commission may allow, unless prevented by causes not under the control of the grantee.”). See also 47 CFR § 73.3598(e) (“Any construction permit for which construction has not been completed and for which an application for license has not been filed, shall be automatically forfeited upon expiration without any further affirmative cancellation by the Commission.”). Because this matter is resolved on procedural grounds, we need not reach the substantive arguments in the AFR. Accordingly, IT IS ORDERED that the Application for Review filed by Prometheus Radio Project on March 5, 2020, IS DISMISSED without prejudice, for the reasons stated herein, as moot. Sincerely, Albert Shuldiner Chief, Audio Division Media Bureau cc: F. Reid Avett, Esq., reid.avett@wbd-us.com Clarence Beverage, cbeverage@commtechrf.com