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

In the Matter of                        )
                         )
SHO-ME POWER ELECTRIC              )    FCC File No. 0000123286
COOPERATIVE                   )
                              )
Private Operational Fixed Microwave Radio    )
Station KAW88, Marshfield, Missouri          )

                    ORDER ON RECONSIDERATION

Adopted:  February 23, 2001                  Released: February 27, 2001

By the Deputy Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

          1.   Introduction.  On September 22, 2000, Sho-Me Power Electric Cooperative (Sho-Me) 
filed a request for reconsideration of an August 17, 2000 action by the Licensing and Technical Analysis
Branch of the Public Safety and Private Wireless Division (Branch).  For the reasons set forth below, we
dismiss the petition for reconsideration.

          2.   Background.  On May 4, 2000, Sho-Me submitted the above-captioned
          application to the Branch seeking modification of its license to operate Station KAW88,
          Marshfield, Missouri.  In the modification application, Sho-Me proposed to correct the
          coordinates of one the station's receive sites (Station KAX22, Phillipsburg, Missouri), and
          to make several changes to the technical parameters of Station KAW88, including changes
          in the station's frequency tolerance, beamwidth, and azimuth.  On August 17, 2000, the
          Branch issued a modified license for Station KAW888 with secondary status.  Prior to this
          time, the station operated with primary status.  On September 22, 2000, Sho-Me requested
          reconsideration of the imposition of secondary status and reinstatement of primary status for
          Station KAW88 in a letter to the Chief of the Branch, which is located in Gettysburg,
          Pennsylvania.  

3.   Discussion.  Section 405 of the Communications Act, as amended, sets forth the
requirements that a petitioner must satisfy before we may consider the petitioner's pleadings on
reconsideration.  Section 405, as implemented by Section 1.106(f) of the Commission's Rules, requires a
petition for reconsideration to be filed within thirty days of public notice of the Commission's action.  In
addition, Section 1.106(i) of the Commission's Rules provides that a petition for reconsideration must be
submitted to the Secretary, Federal Communications Commission, Washington, D.C. 20554.
4.   The Commission maintains different offices for different purposes, and persons filing
documents with the Commission must take care to ensure that their documents are filed at the correct
location specified in the Commission's Rules.  Applications and other filings not submitted in accordance
with the correct addresses or locations will be returned to the filer without processing.  A document is filed
with the Commission upon its receipt at the location designated by the Commission.  Accordingly, based
on the plain language of the Commission's Rules, a petition for reconsideration submitted to the FCC's
Gettysburg, Pennsylvania office is not properly filed.
5.   We conclude that Sho-Me did not satisfy the filing requirement in accordance with Section
1.106 of the Commission's Rules.  In this case, the date of public notice is August 17, 2000, the date the
Branch granted modification of Sho-Me's license, because notice of the action was not published in the
Federal Register, released, or placed on public notice.  Because the thirty-day window for filing a petition
for reconsideration closed on September 18, 2000, the petition was untimely.  The filing requirement of
Section 405(a) of the Act applies even if the petition for reconsideration is filed only one day late.  In
addition, we note that the petition was filed at the wrong location, and no request for waiver of the requisite
filing location was submitted.  Thus, we conclude that that petition should be dismissed as untimely and
improperly filed.
       6. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 405 of the Communications 
Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Section 1.106 of the Commission's Rules,
47 C.F.R.  1.106, that the petition for reconsideration submitted by Sho-Me Power Electric Cooperative,
on September 22, 2000 IS DISMISSED.

       7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the 
Commission's Rules, 47 C.F.R.  0.131, 0.331.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Scot Stone
                         Deputy Chief, Policy and Rules Branch
                         Public Safety and Private Wireless Division
                         Wireless Telecommunications Bureau