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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                                
                                                                        
     In the Matter of                  )                                
                                                                        
     Community Broadcast Group, Inc.   )   File Number: EB-06-DL-075    
                                                                        
     Licensee of Station KZEY          )   NAL/Acct. No.: 200732500003  
                                                                        
     Tyler, Texas                      )   FRN: 0003773140              
                                                                        
     Facility ID # 12809               )                                
                                                                        
                                       )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted: December  10, 2007 Released: December  12, 2007

   By the Associate Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order ("Order"), we dismiss the
       Petition for Reconsideration filed by Community Broadcast Group, Inc.,
       ("Community") licensee of AM Broadcast Radio station KZEY, in Tyler,
       Texas. Community seeks reconsideration of the Forfeiture Order  in
       which the Enforcement Bureau ("Bureau") found it liable for a monetary
       forfeiture in the amount of eleven thousand dollars ($11,000) for
       willful and repeated violation of Sections 73.1350(a) and 73.3526 of
       the Commission's Rules ("Rules").  The noted violations involve
       Community's failure to operate the station in accordance with the
       station authorization and failure to make available a complete public
       inspection file. For the reasons provided below, we dismiss
       Community's petition for reconsideration as untimely.

   II. BACKGROUND

    2. On June 5, 2006, agents from the Commission's Dallas Office of the
       Enforcement Bureau ("Dallas Office") conducted an inspection of
       station KZEY's main studio located in Tyler, Texas. When the agents
       asked to inspect the station's public inspection file during regular
       business hours, the station could not produce a complete file. The
       file contained no Radio Issues/Program lists from any quarter. At the
       transmitter site, the agents found that the station was operating in
       an omni-directional mode from a single tower. The station
       authorization for station KZEY requires that the station operate in a
       two tower directional configuration. Station personnel stated that the
       station had been operating in an omni-directional mode from a single
       tower for more than a year.

    3. On January 30, 2007, the Commission's Dallas Office of the Enforcement
       Bureau ("Dallas Office") issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $11,000 to Community. Community
       submitted a late-filed response to the NAL requesting a reduction of
       the forfeiture, which was received by the Dallas Office on March 22,
       2007.

    4. The Bureau affirmed the NAL in the Forfeiture Order, finding that
       Community provided no grounds upon which to cancel or reduce the
       forfeiture. Community filed a petition for reconsideration of the
       Forfeiture Order, which the Commission received on May 25, 2007.

   III. discussion

    5. Section 405 of the Communications Act of 1934, as amended ("Act")
       requires that a petition for reconsideration of a Commission action or
       an action by delegated authority must be filed no later than 30 days
       after the action that is the subject of the appeal. Once it has made
       public notice of the action pursuant to Section 1.4 of the Rules, the
       Commission loses jurisdiction to consider an appeal after 30 days have
       passed. Section 1.106 of the Rules reflects this statutory mandate.

    6. Community did not timely file his petition for reconsideration of the
       Forfeiture Order. The Forfeiture Order was released and placed on
       public notice on March 29, 2007. The thirtieth day after March 29,
       2007 was April 28, 2007 (a Saturday). Community's petition for
       reconsideration was therefore due on April 30, 2007. Community's
       petition for reconsideration was not received by the Commission until
       May 25, 2007. After April 30, 2007, pursuant to the Act, the
       Commission has no jurisdiction to consider Community's petition for
       reconsideration. Accordingly, we must dismiss Community's petition for
       reconsideration as untimely.

    7. Assuming arguendo that Community's petition was timely filed, we would
       nevertheless deny it. Community's petition contained no information
       other than a sentence stating "please consider this letter as a
       petition for reconsideration." Accordingly, Community provided no
       grounds upon which to reconsider the forfeiture.

   IV. ordering clauses

    8. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the
       Communications Act of 1934, as amended, and Section 1.106(f) of the
       Commission's Rules, the petition for reconsideration filed by
       Community Broadcast Group, Inc. IS DISMISSED.

    9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Community Broadcast
       Group, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       eleven thousand dollars ($11,000) for violation of Sections 73.1350(a)
       and 73.3526 of the Rules

   10. Payment of the forfeiture assessed by the Forfeiture Order shall be
       made in the manner provided for in Section 1.80 of the Rules within 30
       days of the release of this Order. If the forfeiture is not paid
       within the period specified, the case may be referred to the
       Department of Justice for collection pursuant to Section 504(a) of the
       Act. Payment of the forfeiture must be made by check or similar
       instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Acct. No. and FRN No.
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106. Requests for
       payment of the full amount of the NAL under an installment plan should
       be sent to: Associate Managing Director - Financial Operations, 445
       12th Street, S.W., Room 1A625, Washington, D.C. 20554.

   11. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Community
       Broadcast Group, Inc. at its address of record and to its counsel,
       Edsel Guydon, Guydon Love LLP, 3309 Duke Street, Alexandria, VA 22314.

   FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Associate Chief, Enforcement Bureau

   Community Broadcast Group, Inc., Forfeiture Order, 22 FCC Rcd 5412 (South
   Central Region, Enf. Bur. 2007) ("Forfeiture Order").

   47 C.F.R. S:S: 73.1350(a), 73.3526.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732500003
   (Enf. Bur., Dallas Office, released January 30, 2007).

   47 U.S.C. S: 405(a).

   47 C.F.R. S: 1.4.

   47 C.F.R. S: 1.106(f).

   Daily Digest, Vol. 26, No. 60, March 29, 2007.

   47 C.F.R. S: 1.4(j) provides that, when the calculated filing date falls
   on a "holiday," the document is due to be filed on the next business day.
   47 C.F.R. S: 1.4(e)(2) defines the term "holiday" as "Saturday, Sunday,
   officially recognized Federal legal holidays and any other day on which
   the Commission's offices are closed and not reopened before 5:30 p.m."

   Reuters Ltd. v. FCC, 781 F. 2d 946, 951 (D.C. Cir. 1986); National Black
   Media Coalition v. FCC, 760 F. 2d 1297, 1299-1300 (D.C. Cir. 1985, Scalia,
   J.) (FCC has no jurisdiction to consider an appeal after 30 days have
   passed from date of public notice, distinguishing Gardner v. FCC, 530 F.
   2d 1086 (D.C. Cir. 1976)).

   Metromedia, Inc., 56 FCC2d 909 (1975) (Commission may not waive 30 day
   filing period to accept a petition for reconsideration filed one day
   late); Mobile Telephone, Inc. 91 FCC 2d 907 P:P: 4-5 (1982); Nextel
   Communications, Inc., 13 FCC Rcd. 281, 283 P: 6 (Wireless Telecom. Bur.
   1998).

   47 C.F.R. S: 1.106(f).

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.1350(a), 73.3526.

   47 U.S.C. S: 504(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-4935

                                       2

   Federal Communications Commission DA 07-4935