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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of:               )
                                )
Complaint of Andrea Kesler      )
                                )
Licensee of Low Power Television Station)         CSR 4465-M
W09BZ, East Bernstadt, Kentucky )
                                )
v.                              )
                                )
Falcon Cable TV                 )
Somerset, Kentucky              )
                                )
Application for Review          )
                                 

                  MEMORANDUM OPINION AND ORDER

   Adopted:  October 25, 1999           Released:  October 27, 1999  

By the Deputy Chief, Cable Services Bureau:

     1.   Andrea Kesler, licensee of low power television ("LPTV") station W09BZ, East Bernstadt,
Kentucky ("W09BZ" or "Station"), filed an informal letter-application for review ("Application").  The
Application pertains to two actions taken by the Cable Services Bureau ("Bureau") pursuant to delegated
authority.  The Bureau released an Order granting a Petition for Reconsideration ("Petition") filed by Falcon
Cable TV ("Falcon") requesting that the Bureau reconsider it's Memorandum Opinion and Order ordering
Falcon to commence carriage of LPTV station W09BZ.  Falcon filed an Opposition.  After examining the
record, we dismiss as untimely the application for review filed by W09BZ.

     2.   Andrea Kesler, licensee of LPTV station W09BZ, filed a must carry complaint seeking
mandatory carriage of W09BZ on Falcon's cable system serving Somerset, Kentucky.  The Bureau granted 
W09BZ's must carry complaint, and ordered Falcon to commence carriage of W09BZ.  Falcon filed a Petition
for Reconsideration asking the Bureau to reconsider it's initial order.  The Bureau granted Falcon's petition for
reconsideration concluding that W09BZ was not a qualified low power television station pursuant to Section
76.55(d) of the Commission's rules because it did not deliver an adequate signal to Falcon's principal headend. 
Thus, Falcon was not required to carry the Station on its cable system.

     3.   In its Application, W09BZ reiterates its arguments that Falcon should carry the Station's signal
because W09BZ is located 8 air miles away from Falcon's headend.  W09BZ argues that the signal strength
test results Falcon submitted in support of its petition were deficient because Falcon "didn't use a cut TV 9
antenna," and that the antenna "was never mounted on Falcon [sic] tower at the headend."  W09BZ contends
that the "readings were always taken on the ground, in a low signal and interference areas [sic]," and that the
Station was having "transmitting problems" when Falcon conducted the signal tests in question.

     4.   Falcon argues that W09BZ's Application should be dismissed on procedural grounds because
it was filed in an untimely manner.  In support, Falcon points out that W09BZ filed its Application one day
after the required filing deadline.  Falcon notes that pursuant to Section 1.115 of the Commission's rules, the
30-day period in which to file an Application for Review started on July 6, the day after the Order in question
was released, and ended on the thirtieth day thereafter, which was August 5, 1996.     

     5.   We find W09BZ's Application to be untimely.  The Communications Act of 1934, as amended,
and the Commission's implementing rules prescribe specific timeframes in which an application for review must
be filed with the Commission.  Section 1.115(d) of the Commission's rules reads in pertinent part:  "[e]xcept
as provided in paragraph (e) of this section [Applications for review of interlocutory rulings made by the Chief
Administrative Law Judge], [an] application for review and any supplemental thereto shall be filed within 30
days of public notice of such action, as that date is defined in section 1.4(b)."  In the instant case, the release
of the Bureau's Order on July 5, 1996 constituted public notice of the Commission's action.  Since the event
triggering the 30-day period in which to file an application for review occurred on July 5, 1996, then W09BZ
would have been required to file its application no later than on August 4, 1996.  Because August 4, 1996 fell
on a Sunday, the terminal date would have been extended to the next business day, Monday, August 5, 1996. 
W09BZ, however, did not file the instant Application until Tuesday, August 6, 1996.  Thus, W09BZ's
Application is untimely and must be dismissed.

ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED, that the Application for Review (CSR-4465-M) filed  by
Andrea Kesler, licensee of low power television station W09BZ, East Bernstadt, Kentucky, IS DISMISSED
as untimely filed.

     7.   This action is taken pursuant to authority delegated by Sections 0.321 of the Commission's
rules.

                         FEDERAL COMMUNICATIONS COMMISSION



                         William H. Johnson
                         Deputy Chief, Cable Services Bureau