Federal Communications Commission                                  FCC 07-68
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment of Section 73.202(b),
Table of Allotments,
FM Broadcast Stations.
(Rincon, Puerto Rico)
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MM Docket No. 00-123
RM-9903
MEMORANDUM OPINION AND ORDER
Adopted: April 24, 2007                                                   Released: April  27, 2007
By the Commission:
1.  The Commission has before it a Petition for Reconsideration filed by Jose J. Arzuaga, Jr., d/b/a 
Ocean Communications of our earlier Memorandum Opinion and Order in this proceeding.1 International 
Broadcasting Corporation filed an Opposition to Petition for Reconsideration.  We have reviewed our 
Memorandum Opinion and Order as well as the earlier staff Memorandum Opinion and Order and find that 
there are no errors of law or new facts that would warrant reversing our previous Memorandum Opinion and 
Order. Accordingly, we deny the Petition for Reconsideration.
2.  In its Petition for Reconsideration, Ocean Communications reargues the claim that the 
Commission should not have considered the late-filed Comments filed by International Broadcasting 
Corporation.  Those comments demonstrated that the proposed transmitter site is located in the Desecheo 
National Wildlife Refuge and that Federal approval for that site is unlikely.  We previously rejected this 
argument.  The Commission may consider facts which have been untimely raised when it determines that 
consideration is required in the public interest, such as when such consideration is necessary to fulfill our 
overriding public interest obligation to ensure the technical viability of an allotment and compliance with 
our technical requirements.2 The late-filed Comments in this case were of decisional significance, were 
served on and not rebutted by Ocean Communications, and therefore were properly considered.3  
3.  Accordingly, IT IS ORDERED, that pursuant to Section 405 of the Communications Act of
  
1 Rincon, Puerto Rico, 16 FCC Rcd 22886 (2001).
2 See Banks, Redmond, Sun River and Corvallis, Oregon, 19 FCC Rcd 10068, 10073 (2004); see also Claremore, 
Locust Grove and Nowata, Oklahoma, and Barling, Arkansas, 4 FCC Rcd 2181, 2182 (1989). 
3 See Rincon, Puerto Rico, 16 FCC Rcd 8868 (MMB 2001) (staff denial of Ocean Communication’s Petition for 
Reconsideration), and Rincon, Puerto Rico, 16 FCC Rcd 22886 (2001) (Commission denial of Ocean 
Communication’s Application for Review).
Federal Communications Commission                                     FCC 07-68
2
1934, as amended,4 and Section 1.429 of the Commission’s rules,5 the aforementioned Petition for 
Reconsideration filed by Jose J. Arzuga, Jr. d/b/a Ocean Communications IS DENIED.
4.  IT IS FURTHER ORDERED, that this proceeding IS TERMINATED.
 
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary 
  
4 See 47 U.S.C. § 405. 
5 See 47 C.F.R. § 1.429.