FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,923
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Forfeiture Order.7 Accordingly, we will grant that portion of KUSI's petition that is consistent
with the court's dismissal order and will dismiss as moot all other portions of the petition.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and 504(b)
of the Communications Act of 1934, as amended, 47 U.S.C. 154 (i), 504(b); and Sections
0.111, 0.311, 1.80(f)(4), 1.80(i), and 1.106 of the Commission's rules. 47 C.F.R. 0.111, 0.311,
1.80(f)(4), 1.80(i), the Forfeiture Order IS CANCELED.
5. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405; and Sections 0.111, 0.311,
and 1.106 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106, the Application for
Review, filed on October 17, 2008, by Channel 51 of San Diego, Inc., Licensee of KUSI-TV,
San Diego, California, with respect to File No. EB-04-TC-067, is GRANTED IN PART AND
DISMISSED AS MOOT IN PART.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class Mail and Certified Mail, Return Receipt Requested, to J. Brian DeBoice, Esq., Cohn
and Marks LLP, 1920 N Street, N.W., Suite 300, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
7 In its application for review pleadings. KIJSI raised certain new legal issues that it had not advanced before the
Enforcement Bureau. Section 1.115(c) of the Commission's rules. 47 C.F.R. 1.115(c), states that an application
for review of an action taken by one of the Commission's bureaus on delegated authority will be denied if the
application relies on new questions of fact or law that the delegated authority did not have an opportunity to pass.
Tlhe same section, however, notes that such new questions may be presented in a petition for reconsideration. Under
the circumstances in this case, we believe it would conserve administrative resources to treat KUSI's Application for
Review as a Petition for Reconsideration, and we do so on our own motion. See. e.g., Letter from Barbara A.
Kreisman, Chief, Video D)ivision. FCC Media Bureau, to Malcolm Steveson, Esq., 25 FCC Red 17042 (Media Bur.
2010) (treating an application for review that raised new arguments that had not been presented to the delegated
authority as a petition for reconsideration).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/64/: accessed January 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.