Federal Communications Commission FCC 13-42 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Bill R. Wright d/b/a ) KEGG Communications and ) KXVI Communications ) ) Facility ID No. 93413 Former Licensee of Deleted FM Translator ) File No. BLFT-20041122AHW Station DK213EB, Greenville, Texas ) File No. BRFT-20050926AAE MEMORANDUM OPINION AND ORDER Adopted: April 3, 2013 Released: April 3, 2013 By the Commission: 1. The Commission has under consideration an Application for Review filed on March 16, 2006, by Bill R. Wright, d/b/a KEGG Communications and KXVI Communications (“KEGG”), licensee of deleted FM Translator station DK213EB, Greenville, Texas. KEGG seeks review of the February 28, 2006, action by the Media Bureau (the “Bureau”) dismissing as untimely its petition for reconsideration 1 of the cancellation of DK213EB’s license and the dismissal of its license renewal application as moot. 2. Upon review of the Application for Review and the entire record, we conclude that KEGG has failed to demonstrate that the Bureau erred. The Staff Decision properly decided the matters raised and we uphold its decision for the reasons stated therein. KEGG argues for the first time on review that: (1) the medical condition of its consulting engineer (who apparently was responsible for filing its documents with the Commission) “may have been” the cause of its untimely reconsideration petition; (2) the cancellation of the Station’s license would be a disadvantage to the community it served; and (3) the Commission should reinstate the license to provide KEGG an opportunity to consider donating or selling it to another nonprofit entity. Because the staff was not afforded an opportunity to pass on those arguments, we need not consider them. 2 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 5(c)(5) of the Communications Act of 1934, as amended, 3 and Section 1.115(g) of the Commission’s rules, 4 the Application for Review IS DENIED. 5 FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 1 Letter to KEGG Communications, Ref. 1800B3 (MB Feb. 28, 2006) (“Staff Decision”). 2 See 47 C.F.R. § 1.115(c). 3 47 U.S.C. § 155(c)(5). 4 47 C.F.R. § 1.115(g). 5 We note that, on March 17, 2006, KEGG filed an additional application for renewal of license for DK213EB. See File No. BRFT-20060317AFQ. In light of our action herein, we direct the Bureau to dismiss that application.