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If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Bay Broadcasting Corporation ) File No. EB-00-IH-0125 ) Licensee of Station KHSN(AM) ) Coos Bay, Oregon ) Facility ID #4082 ) ) and ) ) New Northwest Broadcasters II, Inc. ) ) Licensee of Station KBBR(AM) ) North Bend, Oregon ) Facility ID #5212 ) MEMORANDUM OPINION AND ORDER Adopted: July 28, 2000 Released: August 1, 2000 By the Chief, Enforcement Bureau: 1. This Order (``Order'') dismisses as an untimely request for reconsideration a July 14, 2000, letter (received July 15, 2000) from Robert King, pursuant to section 405(a) of the Communications Act of 1934, as amended (the ``Act''), and 1.106(f) of the Commission's rules.1 BACKGROUND 2. By letter dated May 17, 2000, styled ``Formal Complaint,'' Mr. King requested that the Commission revoke the licenses for stations KHSN and KBBR. Mr. King alleged that New Northwest II, Inc. (``NN II''), licensee of station KBBR, was ``housing'' an ``illegal radio station, KHSN,'' licensed to Bay Broadcasting Corporation (``Bay''). Specifically, Mr. King contended that KHSN's use of a long wire antenna attached to KBBR's tower rendered both stations illegal. By letter dated June 5, 2000, the Chief, Investigations and Hearings Division, dismissed Mr. King's complaint. The letter noted that, on April 5, 2000, Bay had received special temporary authorization (``STA'') to use the long wire antenna and had received authority to locate the KHSN antenna on the KBBR tower. 3. In his July 14, 2000, submission, Mr. King repeats the allegations made in his May 17, 2000, complaint and reiterates his request for revocation of the KHSN license. He also appears to argue that Bay's actions are analogous to those of ``pirate'' station operators and warrant the same treatment. Finally, Mr. King charges that KHSN ``was operated in violation of the most basic standards of safety.''2 DISCUSSION 4. Section 405(a) of the Act, 47 U.S.C. § 405(a) provides that a petition for reconsideration must be filed within 30 days from the date of public notice of the final action.3 In this case, public notice occurred on June 5, 2000, upon the mailing of our letter dismissing Mr. King's complaint. See section 1.4(b)(5) of the Commission's rules.4 Thus, to have been timely, any request for reconsideration was due no later than July 5, 2000. Mr. King's submission occurred on July 15, 2000, ten days late. Accordingly, dismissal is warranted.5 See Washington Broadcast Management Co., Inc., FCC 00-127, released April 10, 2000. Moreover, Mr. King's other arguments have been considered previously and warrant no further discussion or action.6 ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to section 405(a) of the Act,7 and section 1.106(f) of the Commission's rules,8 that the letter dated July 14, 2000, by Robert King is considered as a petition for reconsideration and IS DISMISSED. 6. IT IS FURTHER ORDERED that copies of this Order shall be sent by Certified Mail Return Receipt Requested to Mr. Robert King, 301 Newbury Street, #185, Danvers, Massachusetts 01923; Bay Broadcasting Corporation, in care of Howard J. Braun, Esq., Rosenman & Colin, LLP, 805 15th Street, N.W., Floor 9, Washington, D.C. 20005-2212; and New Northwest Broadcasters II, Inc., in care of Nina Shafran, Esq., Dow, Lohnes & Albertson, PLLC, 1200 New Hampshire Avenue, N.W., Suite 800, Washington, D.C. 20036-6802. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau - Unhandled WestCheck 1 Citations Object - _________________________ 1 47 U.S.C. § 405(a) and 47 C.F.R. § 1.106(f). 2 Mr. King also contends that his prior letter requested revocation because KHSN was not sold in the time period mandated by the Commission. However, review of the May 17 complaint reveals no such request, and, in any event, the failure to sell KHSN provides no basis for revocation of its license. See section 312 of the Communications Act of 1934, as amended, 47 U.S.C. § 312. 3 See also section 1.106(f) of the Commission's rules, 47 C.F.R. § 1.106(f). 4 47 C.F.R. § 1.4(b)(5). 5 In addition to its late filing, the July 14, letter bears no indication that it was filed with the Secretary or served upon NN II or Bay. 6 By letter dated October 5, 1999, the Chief of the former Complaints and Political Programming Branch, Mass Media Bureau, advised Mr. King that none of his complaints against Bay (including those referenced in para. 2 above) warranted revocation of Bay's licenses. In regard to those complaints, the letter observed that the Commission's staff had issued a notice of apparent liability to Bay and that further enforcement action would be taken if found appropriate. Concurrent with the letter to Mr. King, the Commission's staff issued a letter of inquiry to Bay, a copy of which it sent to Mr. King. After considering Bay's response as well as Bay's response to the notice of apparent liability, the Commission's staff issued to Bay a Forfeiture Order, DA 00-948, released April 27, 2000, and a second Notice of Apparent Liability, DA 00-1190, released May 31, 2000. 7 47 U.S.C. § 405(a). 8 47 C.F.R. § 1.106(f).