FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 945
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reconsideration filed after the statutory deadline."13 Accordingly, the Commission also dismissed the
Petition for Reconsideration.'4
5. On November 9, 2011, TVCN filed the one-page petition before us requesting that the
Commission stay the enforcement of the TVCN Order, the Installment Pavyment Order, and the Order on
Reconsideration and refrain from selling the fourteen BRS licenses that were the subject of those orders
pending appellate review of the orders.'5 On November 14, 201 1, TVCN filed a Petition for Review in
the United States Court of Appeals for the District of Columbia Circuit.'6
6. In support of its request for a stay, TVCN rests its entire argument on the mere statement that
a stay "should not impair the interest of the FCC or the public" and a claim that if it prevails in court it
will sell its licenses or obtain financing to pay its outstanding debt owed to the Commission and "expedite
the introduction of [service] to the public."" TVCN also refers generally to assertions it made in previous
submissions that it has assurances from a third party buyer that the third party will pay TVCN's debt to
the Commission and "expedite the introduction of. . . Service to the public."
7. To qualify for the extraordinary remedy of a stay, TVCN has the burden of demonstrating
that: (i) TVCN is likely to prevail on the merits; (ii) TVCN would suffer irreparable harm, absent a stay;
(iii) other interested parties would not be harmed if the stay is granted; and (iv) the public interest would
favor a grant of the stay."9 For the reasons discussed below, the Bureau finds that TVCN fails to meet this
8. First, TVCN does not claim, let alone establish, that it is likely to prevail in the Court of
Appeals. Section 402(c) of the Communications Act requires a party appealing a FCC licensing order
such as the Installment Payment Order to file a notice of appeal within thirty days of the date of public
notice of that order.2" TVCN filed its appeal of the Installment Payment Order over nineteen months
after the deadline for appealing that order had passed.2' The Court of Appeals thus is likely to dismiss
13 TV Communications Network, Inc., Request for Waiver of the Installment Payment Rules and Reinstatement of
Licenses, Order on Reconsideration, 26 FCC Red 14891, 14893-94 8 (2011) ("Order on Reconsideration ").
s TV Communications Network, Inc., Petition to Stay Pending Review by the Appellate Court Re: Orders DA 07-
315, FCC 10-1, and FCC-I 1-154, filed November 9, 2011 ("Petition to Stay").
16 TV Communications Network, Inc. v. FCC, Petition for Review, No. 1-1443 (D.C. Cir., filed Nov. 14, 2011).
17 See Petition to Stay at 1.
'~ See id.
19 Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended, Third
Memorandum Opinion and Order. Third Further Notice of Proposed Rule Making and Order, 19 FCC Red 25045,
25063 43 (2004). See Washington Metropolitan A4rea Transit Commission v. Holiday Tours, Inc., 559 F.2d 841,
843 (D.C. Cir. 1977).
21 47 U.S.C. 402(c).
21 The FCC gave public notice of the Installment Payment Order on January 5, 2010, the date the order was
released. See 47 C.F.R. 1.4(b)(2). Accordingly, the thirty-day window prescribed by section 402(c) for filing a
notice of appeal from the Installment Payment Order closed on February 4, 2010. See 47 U.S.C. 402(c). TVCN
did not file its notice of appeal from the Installment Payment Order until November 14, 2011 - more than nineteen
months past the statutory deadline. See TV Communications Network Inc. v. FCC, Petition for Review, No. 11-1443
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/m1/23/: accessed August 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.