Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | FCC File No. A038480         |
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| CUMULOUS COMMUNICATIONS          | ) |                              |
| CORPORATION                      | * |                              |
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| Petition for Reconsideration of  |   |                              |
| Grant of License for Station     | * |                              |
| WPPB889, Vacaville, California   | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: November 6, 2000 Released: November 8, 2000**

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

1.  *Introduction*. We have before us a petition submitted by GI
    Trucking Company (GI) requesting reconsideration of a decision by
    the Public Safety and Private Wireless Division, Licensing and
    Technical Analysis Branch (Branch) regarding the grant of a Trunked
    Industrial/Business Radio Service license to Cumulous Communications
    Corporation (Cumulous) for Station WPPB889, Vacaville,
    California.[^1] For the reasons stated below, the Petition is
    dismissed.

2.  *Background*. On May 19, 1999, Cumulous filed an application for
    license for frequencies in the 450-470 MHz band (Industrial/Business
    Radio Service).[^2] On October 13, 1999, the Branch granted
    Cumulous's application under Call Sign WPPB889. GI's Petition
    requested reconsideration of this grant, claiming that WPPB889
    unlawfully interferes with GI's co-channel station WPGN723.[^3] The
    Petition was filed at the FCC's Gettysburg, Pennsylvania location on
    May 8, 2000.[^4]

3.  *Discussion*. Section 405 of the Communications Act of 1934, as
    amended (Act), and Section 1.106(f) of the Commission's Rules,
    requires that a petition for reconsideration be filed within thirty
    days from the date of public notice of the Commission's action.[^5]
    The date of public notice is determined in accordance with Section
    1.4 of the Commission's Rules.[^6] In this case, the date of public
    notice of the Commission's action is October 13, 1999, the date the
    subject licensing action was taken,

    because the grant to Cumulous was not published in the Federal
    Register, released, or placed on public notice.[^7] Thus, pursuant
    to Section 1.4(b)(5) of the Commission's Rules, the last day for
    filing a timely petition for reconsideration was November 12, 1999.

4.  The Commission received the Petition on May 8, 2000, almost six
    months past the filing deadline. Therefore, we find that the
    Petition was untimely.[^8] Moreover, we note that GI failed to file
    a request for waiver to submit its Petition outside of the
    thirty-day filing period for filing petitions for reconsideration as
    specified in Section 405(a) of the Act and Section 1.106 of the
    Commission's Rules.[^9] The filing requirement of Section 405(a) of
    the Act applies even if the petition for reconsideration is filed
    only one day late.[^10] Consequently, absent a waiver, we conclude
    that GI's Petition should be dismissed as untimely filed.

5.  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 GI Trucking Company on May
    8, 2000 IS DISMISSED.

6.  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

D'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: Letter dated May 2, 2000, from Patrick Lynch, GI Trucking Company
    to Mary Shultz, Chief, Licensing And Technical Analysis Branch,
    Public Safety and Private Wireless Division (Petition).

[^2]: Application File No. A038480.

[^3]: Letter at 1.

[^4]: *Id*.

[^5]: 47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).

[^6]: 47 C.F.R. § 1.4.

[^7]: *See* 47 C.F.R. § 1.4(b)(5).

[^8]: In addition, we note that the petition was filed in the wrong
    location. The Commission's Rules require that petitions for
    reconsideration be filed with the Office of the Secretary in
    Washington, D.C., 47 C.F.R. § 1.106(i), and warn persons filing
    documents with the Commission that filings submitted to the wrong
    location will not be processed. 47 C.F.R. § 0.401; *see also* 47
    C.F.R. § 1.7 ("documents are considered to be filed with the
    Commission upon their receipt at the location designated by the
    Commission"). Thus, even if the petition were timely, it would be
    subject to dismissal as improperly filed. *See* In the Matter of
    Memorandum of Agreement Between the Federal Communications
    Commission and Elkins Institute, Inc., *Order on Reconsideration*,
    14 FCC Rcd 5080, 5081 ¶ 3 (WTB 1999) (*Elkins*); Columbia Millimeter
    Communications, LP, *Order on Reconsideration*, 14 FCC Rcd 2782,
    2784-85 ¶ 9 (WTB PSPWD 1999), *aff'd*, *Order on Reconsideration*,
    15 FCC Rcd 10251 (WTB PSPWD 2000). *See also* Petition for
    Reconsideration Filing Requirements, *Public Notice*, DA 00-2252
    (WTB rel. Oct. 11, 2000).

[^9]: 47 C.F.R. § 1.106; *see* *Reuters Ltd. v. FCC*, 781 F.2d 946,
    951-52 (D.C. Cir. 1986). *See also* Petition for Amendment of the
    Commission's Rules to Establish First and Second Class
    Radiotelephone Operator Licenses, *Order*, 10 FCC Rcd 3196 (1995).

[^10]: *See, e.g.,* Panola Broadcasting Co., *Memorandum Opinion and
    Order*, 68 FCC 2d 533 (1978); Metromedia, Inc., *Memorandum Opinion
    and Order*, 56 FCC 2d 909, 909-10 (1975); *Elkins,* 14 FCC Rcd at
    5081 ¶ 3.