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1. Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Peninsula Communications, Inc. ) File No. EB 01-IH-0403
) NAL/Acct No. 200132080060
Former licensee of FM ) FRN: 0001-5712-15
translator stations K285EF, )
Kenai, Alaska; )
K283AB, Kenai/Soldotna, Alaska; )
K257DB, Anchor Point, Alaska; )
K265CK, Kachemak City, Alaska; )
K272CN, Homer, Alaska; and )
K274AB and K285AA, Kodiak,
Alaska
MEMORANDUM OPINION AND ORDER
Adopted: June 10, 2002 Released: June 12, 2002
By the Commission:
1. In this Memorandum Opinion and Order ("Order") we deny a
March 8, 2002, Petition for Reconsideration (``Petition'') filed
by Peninsula Communications, Inc. (``Peninsula''), which seeks
reconsideration of our February 6, 2002, Forfeiture Order1that
assessed a forfeiture of one hundred forty thousand dollars
($140,000) against Peninsula.
2. In large part Peninsula simply rehashes arguments that
we have previously considered and rejected. We need not address
those arguments again. We take this opportunity to briefly
address Peninsula's two new arguments. First, we reject
Peninsula's argument that we should rescind the Forfeiture Order
because Peninsula was not served a copy of it. Our records
include a certified mail receipt indicating service on Peninsula.
Moreover, given its timely filing of the Petition, Peninsula
obviously suffered no harm from any alleged defect in service.2
Second, we reject Peninsula's argument that we should not have
issued the Forfeiture Order because the 9th Circuit Court of
Appeals (``9th Circuit Court'') stayed a preliminary injunction
issued by the United States District Court in Alaska against
Peninsula's continued operation of the above-captioned
translators pending Peninsula's appeal of the District Court's
order. As the 9th Circuit Court recently observed in denying
Peninsula's appeal, 3 only the District of Columbia Circuit Court
of Appeals (``D.C. Circuit Court'') is empowered to affirm or
reverse our order that terminated Peninsula's authority to
operate the translators.4 Peninsula filed an appeal of our
Termination Order with the D.C. Circuit Court;5 however,
Peninsula neither sought nor received a stay of that order. The
Termination Order thus remained in effect, and Peninsula's
failure to comply with it resulted in willful and repeated
violations of 47 U.S.C. § 301, which warranted a forfeiture.
3. Accordingly, IT IS ORDERED, that the Petition for
Reconsideration filed by Peninsula Communications, Inc. IS
DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
_________________________
1 Peninsula Communications, Inc., 17 FCC Rcd 2832 (2002)
(``Forfeiture Order'').
2 Peninsula's suggestion that a lack of Federal Register
publication of the Forfeiture Order warrants its rescission is
without merit because there is no requirement for Federal
Register publication of a forfeiture order.
3 See United States of America v. Peninsula Communications,
Inc., No. 01-35965 (9th Cir. April 22, 2002).
4 See Peninsula Communications, Inc., 16 FCC Rcd 11364 (2001)
(``Termination Order'').
5 Peninsula Communications, Inc. v. FCC, Case No. 01-1273 (D.C.
Cir. June 15, 2001).