Federal Communications Commission FCC 13-25 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) MARLENE V. BORMAN ) File No. BP-19870303AG ) File No. BMAP-20040130AIG Permittee of Station KWFA(AM), ) File No. BMP-20060803AQI Tye, Texas ) Facility ID No. 40403 ) MEMORANDUM OPINION AND ORDER Adopted: February 20, 2013 Released: February 21, 2013 By the Commission: 1. The Commission has before it an Application for Review filed on April 21, 2008, by Marlene V. Borman ("Borman"), permittee of unbuilt Station KWFA(AM), Tye, Texas (the “Station”). Borman seeks review of the March 21, 2008, action by the Media Bureau (the “Bureau”) 1 denying Borman's petition for reconsideration of the denial of her request for waiver of Section 73.3598 of the Commission’s Rules 2 and additional time to construct the Station. 3 The Bureau denied the petition, concluding that circumstances beyond Borman’s control were not the primary cause of her failure to construct. 2. Upon review of the Application for Review and the entire record, we conclude that Borman has failed to demonstrate that the Bureau erred. The Media Bureau, in the Staff Decision, properly decided the matters raised, and we uphold its decision for the reasons stated therein. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the Communications Act of 1934, as amended, 4 and Section 1.115(g) of the Commission’s Rules, 5 the Application for Review IS DENIED. 1 See Dennis J. Kelly, Esq., Letter, 23 FCC Rcd 4786 (MB 2008) (“Staff Decision”). 2 47 C.F.R. § 73.3598. 3 See Dennis J. Kelly, Esq., Letter, 21 FCC Rcd 2956 (MB 2006) (denying Borman’s Request for Expedited Action or, in the Alternative, for Tolling of Construction Period); Dennis J. Kelly, Esq., Letter, Ref. No. 1800B3-IB (Dec. 18, 2006) (denying waiver of the three-year construction period). 4 47 U.S.C. § 155(c)(5). 5 47 C.F.R. § 1.115(g). Federal Communications Commission FCC 13-25 2 4. IT IS FURTHER ORDERED that, because the Station’s construction permit expired on January 22, 2007, the call letters KWFA ARE DELETED, and the Commission’s data base will be updated to reflect the expiration of the construction permit, File No. BP-19870303AG. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary