DA 22-978 In Reply Refer to: 1800B3-DB Released: September 20, 2022 Aaron P. Shainis, Esq. Shainis & Peltzman, Chartered 1850 M St., N.W., Suite 240 Washington, DC 20036 aaron@s-plaw.com James L. Winston, Esq. Rubin, Winston, Diercks, Harris & Cooke, LLP 1201 Connecticut Ave., N.W., Suite 200 Washington, DC 20036 jwinston@rwdhc.com In re: W256CL, Park Forest, Illinois Facility ID No. 152811 File No. BPFT-20171229ABE Application for Review Dear Counsel: We have before us an Application for Review (AFR) and Motion for Stay filed concurrently on February 27, 2020, by Sound of Hope Radio, NFP (Sound of Hope), licensee of low-power FM station WQEG-LP, Chicago, Illinois. Application for Review of Sound of Hope, Pleading File No. 0000106689 (filed Feb. 27, 2020) (Application for Review); Motion for Stay of Sound of Hope, Pleading File No. 0000106690 (filed Feb. 27, 2020) (Motion for Stay). The Application for Review and Motion for Stay are unopposed. Sound of Hope seeks review of the Media Bureau’s (Bureau) decision denying its Petition for Reconsideration of a prior Staff Decision. See Aaron P. Shainis, Esq., and James L. Winston, Esq., Letter Order, Ref. 1800B3-SS (MB Jan. 29. 2020) (Reconsideration Decision); Aaron P. Shainis, Esq., and James L. Winston, Esq., Letter Order, 34 FCC Rcd 4594 (MB 2019) (Staff Decision) (collectively, Bureau Decisions). See also Petition for Reconsideration and Motion for Stay of Sound of Hope, File No. BPFT-20171229ABE (filed July 1, 2019) (Petition). In the Staff Decision, the Bureau granted the modification application of Edgewater Broadcasting, Inc. (Edgewater) seeking to relocate the transmitter site of FM translator station W256CL, Park Forest, Illinois (Translator), from Posen, Illinois to Chicago, Illinois. See Staff Decision. Edgewater was the licensee of FM translator station W256CL, Park Forest, Illinois, until Edgewater consummated an authorized assignment of the station license to Ohana Del Sol, LLC (Ohana), on August 23, 2021. See Application File No. 0000149955 (granted Aug. 13, 2021) (Modification Application); Application File No. 0000157620 (accepted Aug. 23, 2021). Currently, Ohana is the licensee of the Translator. As a result of changed circumstances and as explained more fully below, the AFR and Motion for Stay are dismissed as moot. The Modification Application at issue concerns Edgewater’s December 2017 application seeking to relocate the Translator’s facilities. See File No. BPFT-20171229ABE (filed Dec. 29, 2017); Broadcast Applications, Public Notice, Report No. 29145 (Jan. 4, 2018). Sound of Hope objected to the Modification Application, but the Bureau denied the Objection, Staff Decision, 34 FCC Rcd at 4594, 4600. issued a construction permit for the requested new facilities, See File No. BPFT-20171229ABE. and upheld its initial decision on reconsideration. Reconsideration Decision at 4. In its Application for Review, Sound of Hope sought to reverse the Bureau. See Application for Review. Upon further consideration, we conclude that the AFR and Motion for Stay are moot due to changed circumstances. As noted above, Edgewater consummated an authorized assignment of the Translator’s license to Ohana on August 23, 2021. See supra note 3. Ohana failed to construct the Translator’s modified facilities as authorized by June 5, 2022, the expiration date of the permit. See 47 CFR § 73.3598; File No. BPFT-20171229ABE. Therefore, the construction permit expired by its terms on June 5, 2022, and was automatically forfeited. See 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 or Motion for Stay. Accordingly, IT IS ORDERED that the Application for Review filed by Sound of Hope Radio, NFP on February 27, 2020, IS DISMISSED without prejudice, for the reasons stated herein, as moot. IT IS FURTHER ORDERED that the Motion for Stay filed by Sound of Hope Radio, NFP on February 27, 2020, IS DISMISSED as moot. Sincerely, Albert Shuldiner Chief, Audio Division Media Bureau 2