FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 944
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Bureau denied its request." TVCN subsequently filed an application for review seeking reversal of the
3. While TVCN's application for review was pending, the Commission conducted Auction 86,
which offered seventy-eight BRS licenses, including fourteen new licenses for the spectrum that had been
covered by TVCN's cancelled licenses.8 Ten of the fourteen licenses received winning bids in Auction
86 and the winning bidders submitted long-form applications for those ten licenses.' TVCN did not file
petitions to deny the long-form applications for those ten licenses or otherwise challenge the results of
4. In a memorandum opinion and order released January 5, 2010, the Commission denied
TVCN's application for review.'0 On February 18, 2010, two weeks after the statutory thirty-day
deadline for filing a petition for reconsideration," TVCN filed a petition seeking an extension of the filing
deadline and reconsideration of the Installment Payment Order.'2 The Commission denied the petition
for extension of the deadline in an order on reconsideration released October 14, 2011, on the grounds
that its discretion to extend the statutory filing deadline is narrowly limited and that TVCN did not
"present the 'extraordinary circumstances' required for [the Commission] to consider a petition for
6 See TVCN Order, 22 FCC Red at 1408-09 23, 24; Installment Payment Order, 25 FCC Red at 478 13.
7 TV Communications Network, Inc., Request for Waiver of Installment Payment Rules for Auction No. 6 and
Reinstatement of Licenses, Application for Review, filed Feb. 28, 2007. TVCN later filed a supplement to its
application for review. TV Communications Network, Inc., Supplement to Application for Review, filed Mar. 20,
2007 ("TVCN Supplement").
8 See Auction of Broadband Radio Service (BRS) Licenses Scheduled for October 27. 2009; Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 86, Public Notice, 24
FCC 8277 (WTB 2009).
9 See Auction of Broadband Radio Service Licenses Closes, Winning Bidders Announced for Auction 86, Public
Notice, 24 FCC Rcd 13572 (WTB 2009). The ten BRS licenses won by participants in Auction 86 were for the
following markets: Clarksburg-Elkins, WV (BR-BTA082), Fairnmont, WV (BR-BTA 137), Morgantown, WV (BR-
BTA306), Salina, KS (BR-BTA396), San Luis Obispo, CA (BR-BTA405). Scranton-Wilkes Barre, PA (BR-
BTA412), Steubenville, OH (BR-BTA431), Stroudsburg, PA (BR-BTA435), Watertown, NY (BR-BTA463), and
Wheeling, WV (BR-BTA471). Id. Seven of these licenses have been granted, with action pending on the other
three. See FCC Application for Wireless Telecommunications Bureau Radio Service Authorization (FCC 601), File
Nos. 0004041315 and 0004040539 (publicly available through the Commission's Universal Licensing System
to Installment Payment Order,; 25 FCC Red at 510 93. The Commission also dismissed TVCN's late-filed
Supplement. Id. at 479-80 16 & nn.86 and 90, 510 1 93; see 47 C.F.R. 1.115(d).
" Section 405(a) of the Communications Act, as amended, provides that a "petition for reconsideration must be
filed within thirty days from the date upon which public notice is given of the order, decision, report, or action
complained of." 47 U.S.C. 405(a). Section 1.106(f) of the Commission's rules implements section 405(a) and
provides that the "petition for reconsideration and any supplement thereto shall be filed within 30 days from the date
of public notice of the final Commission action." 47 C.F.R. 1.106(f).
12 TV Communications Network, Inc., Petition for (A) Extension of Time, and (B) Reconsideration ofOrder FCC
10-1 Re Application for Review, filed Feb. 18, 2010 ("Petition for Reconsideration").
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/22/: accessed April 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.