Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | * | FCC File No. 0000451709      |
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| MIKE GRUSS                       | ) |                              |
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| For Renewal and Reinstatement of | * |                              |
| License For Conventional         |   |                              |
| Business Radio Service Station   | * |                              |
| WPCM987, Fremont, Ohio           | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: January 3, 2002 Released: January 10, 2002**

By the Deputy Chief, Public Safety and Private Wireless Division,
Wireless Telecommunications Bureau:

1.  On June 7, 2001, Mike Gruss (Mr. Gruss), licensee of Station
    WPCM987, Fremont, Ohio, filed a petition for reconsideration
    (Petition) requesting reinstatement of the above-captioned
    application.[^1] The Petition seeks reconsideration of the decision
    by the Licensing and Technical Analysis Branch (Branch), Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau dismissing Mr. Gruss's renewal application on May 9,
    2001.[^2] For the reasons set forth below, we deny the Petition.

2.  Mr. Gruss's license for Station WPCM987 expired on April 23, 2001.
    On May 3, 2001, Mr. Gruss submitted the above-captioned application
    for renewal of license for Station WPCM987 to the FCC's lock box at
    Mellon Bank. Mr. Gruss did not, however, include the correct amount
    for the filing fee.[^3] Consequently, the Branch dismissed the
    application for insufficient payment.[^4] The dismissal notice is
    dated May 9, 2001, but Mr. Gruss states that the postmark on the
    envelope indicates that it was not mailed until May 25, 2001.[^5]

3.  *Discussion*. Section 1.106 of the Commission\'s rules specifically
    requires that petitions for reconsideration cite the findings of
    fact and/or conclusions of law which petitioner believes to be
    erroneous, and state with particularity the respects in which such
    findings and conclusions should be changed.[^6] While acknowledging
    that his "filing on May 3, 2001 was late," Mr. Gruss provides no
    basis on which to conclude that the Branch action dismissing his
    application was improper.[^7] We therefore affirm the Branch's
    dismissal of the renewal application. If Mr. Gruss wishes to obtain
    a valid authorization for this station, he may file a waiver request
    seeking renewal of the license in conjunction with an application
    for renewal. This waiver request should include a detailed
    explanation of the reasons for the failure to timely file the
    renewal application, the potential consequences to the public if the
    license should terminate, and the performance record of the
    licensee.[^8] In the alternative, Mr. Gruss may file a new properly
    coordinated application.[^9] If he desires to continue operating
    this facility until he receives a new or renewed authorization, he
    must obtain authorization to do so.[^10]

4.  Accordingly, IT IS 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 Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106,
    the petition for reconsideration filed by Mike Gruss on June 7, 2001
    IS DENIED.

5.  This action is taken under delegated authority pursuant to Sections
    0.131 and 0.331 of the Commission's Rules, 47 C.F.R. §§ 0.131,
    0.331.

    FEDERAL COMMUNICATIONS COMMISSION

    Ramona E. Melson, Deputy Chief

Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: Mike Gruss Petition for Reconsideration, filed June 7, 2001
    (Petition).

[^2]: Notice of Application Dismissal, dated May 9, 2001.

[^3]: Instead of the required \$180.00, Mr. Gruss submitted a check for
    only \$120.00.

[^4]: Notice of Application Dismissal, dated May 9, 2001.

[^5]: Petition at 2. Attached to the Petition is a copy of an envelope
    from the FCC bearing a May 25, 2001 postmark. *Id*. at 6.

[^6]: 47 C.F.R. § 1.106(d)(2). *See also* National Science and
    Technology Network, Inc., *Order*, 15 FCC Rcd 8648, 8650 ¶ 5 (WTB
    PSPWD 2000); Federal Express Corporation, *Order*, 15 FCC Rcd 4289,
    4293 n.40 (WTB PSPWD 2000).

[^7]: *See* Petition*.*

[^8]: *See* Biennial Regulatory Review -- Amendment of Parts 0, 1, 13,
    22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's
    Rules to Facilitate the Development and Use of the Universal
    Licensing System in the Wireless Telecommunications Services,
    *Memorandum Opinion and Order on Reconsideration*, WT Docket No.
    98-20, 14 FCC Rcd 11476 (1999).

[^9]: *See* 47 C.F.R. § 90.175.

[^10]: *See* 47 C.F.R. § 1.931.