Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | * | File No. D134186             |
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| Bulgari Corporation of America   | ) |                              |
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| For Private Land Mobile Radio    | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted:** September 19, 2000 **Released:** September 20, 2000

By the Acting Chief, Policy and Rules Branch, Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau:

# INTRODUCTION

1.  On March 20, 2000, Bulgari Corporation of America (Bulgari)
    petitioned for reconsideration[^1] of the March 9, 2000, action of
    the Public Safety and Private Wireless Division, Licensing and
    Technical Analysis Branch (Branch) dismissing Bulgari's application
    for Mobile Radio Service Authorization.[^2] For the reasons
    discussed herein, we dismiss Bulgari's petition.

# BACKGROUND

2.  On October 10, 1999, Bulgari filed the above-captioned application
    for authorization to conduct private land mobile radio service
    operations in New York, New York.[^3] Specifically, Bulgari applied
    for a conventional radio service to operate five paging receivers
    for the security department of Bulgari, a retail jewelry store.[^4]
    In its application, Bulgari answered "No" to item number 38, which
    states, "Does the undersigned certify (by responding 'Y' to this
    question), that neither the applicant nor any other party to the
    application is subject to a denial of Federal benefits, that
    includes FCC benefits pursuant to Section 5301 of the Anti-Drug
    Abuse Act of 1988, 21 U.S.C. § 862, because of a conviction for
    possession or distribution of a controlled substance?"[^5] On March
    9, 2000, the Branch dismissed the application, on the grounds that
    Bulgari was not eligible for an FCC license.[^6]

3.  On March 20, 2000, Bulgari petitioned for reconsideration of the
    Branch decision. The Petition was addressed to the Chief of the
    Branch, which is located in Gettysburg, Pennsylvania. Bulgari states
    that it misunderstood the question and answered "No" to item 38 when
    it should have answered "Yes." [^7] Bulgari attached to the Petition
    a corrected application, which answers "Yes" to item 38.

#  DISCUSSION 

4.  Section 405 of the Communications Act, as amended, sets forth the
    requirements that a petitioner must satisfy before we may consider
    the petitioner's pleadings on reconsideration.[^8] Section 405, as
    implemented by Section 1.106(f) of the Commission's Rules, requires
    that a petition for reconsideration be filed within thirty days of
    the release date of the Commission's action.[^9] Furthermore,
    Section 1.106(i) states that a petition for reconsideration must be
    submitted to the Secretary, Federal Communications Commission,
    Washington, D.C. 20554.[^10]

5.  The Commission maintains different offices for different purposes,
    and persons filing documents with the Commission must take care to
    ensure that their documents are filed at the correct location as
    specified in the Commission's Rules.[^11] A document is filed with
    the Commission upon its receipt at the location designated by the
    Commission.[^12] Accordingly, based on the plain language of the
    Commission's Rules, a petition for reconsideration submitted to the
    FCC's Gettysburg, Pennsylvania office is not properly filed.[^13]

6.  We conclude that Bulgari did not satisfy the filing requirement in
    accordance with Section 1.106 of the Commission's Rules when it
    submitted its Petition to the Branch in Gettysburg, Pennsylvania
    instead of submitting it to the FCC's Office of the Secretary in
    Washington, D.C. Because the thirty-day window for the filing of a
    petition for reconsideration, as determined under Section 1.4 of the
    Commission's Rules,[^14] closed on April 9, 2000, the Petition was
    not received by the Secretary within the thirty-day period. For the
    reason stated above, and, in the absence of a request for waiver of
    the requisite filing location, we hereby dismiss the Petition.[^15]

# ORDERING CLAUSES

7.  Accordingly, IT IS ORDERED that, pursuant to Section 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 submitted by Bulgari on March 20,
    2000, IS DISMISSED.

8.  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
>
> Zenji Nakazawa
>
> Acting Chief, Policy and Rules Branch
>
> Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Letter from Anthony P. Picarillo, Security Administrator, Bulgari
    Corporation of America to Mary M. Shultz, Federal Communications
    Commission (dated March 20, 2000) (Petition).

[^2]: Notice of Application Dismissal, dated March 9, 2000 (Branch
    Letter).

[^3]: FCC File No. D134186 (filed October 10, 1999).

[^4]: *Id*.

[^5]: *Id*.

[^6]: Branch Letter at 1.

[^7]: Petition at 1.

[^8]: 47 U.S.C. § 405.

[^9]: 47 U.S.C. § 405; 47 C.F.R. § 1.106(f).

[^10]: 47 C.F.R. § 1.106(i).

[^11]: 47 C.F.R. § 0.401.

[^12]: 47 C.F.R. § 1.7; First Auction of Interactive Video and Data
    Service (IVDS) Licenses, Request for Waiver of Applications
    Deadline, *Memorandum Opinion and Order*, 11 FCC Rcd 1134, 1135
    (1996); Complaints Regarding Cable Programming Service Prices,
    *Amended Order on Reconsideration*, 10 FCC Rcd 12778, 12780 n.14
    (CSB 1995).

[^13]: *See, e.g*., Memorandum of Agreement between the Federal
    Communications Commission and Elkins Institute, Inc., *Order on
    Reconsideration*, 14 FCC Rcd 5080 (WTB 1999) (determining that a
    facsimile copy to a division office neither complied with the
    Commission's Rules nor ameliorated the late filing with the
    Secretary's office); Columbia Millimeter Communications, LP, *Order
    on Reconsideration*, 14 FCC Rcd 2782 (WTB PSPWD 1999) (finding that
    a petition for reconsideration sent to the Commission's lock box at
    Mellon Bank neither complied with the Commission's Rules nor
    ameliorated the late filing with the Secretary's office), *aff'd,
    Order on Reconsideration*, 15 FCC Rcd 10251 (WTB PSPWD 2000).

[^14]: 47 C.F.R. § 1.4(b)(5).

[^15]: Moreover, we note that the Branch correctly dismissed Bulgari's
    application. Because of the large number of applications reviewed by
    the Commission, an applicant must be responsible for the accuracy
    and adequacy of any submission it makes. *See* Request for Review of
    the Universal Service Administrator by United Talmudical Academy,
    New York, *Order,* 15 FCC Rcd 423, 431 ¶15 (2000). We nonetheless
    note that Bulgari has the option of submitting another application.
    Assistance in completing FCC Form 600 correctly may be obtained from
    the Consumer Information Bureau at 1-888-225-5322. To receive a
    refund of the regulatory fees for the original application, Bulgari
    must send a letter to the Commission's Gettysburg office, indicating
    the file number and the control number of that application.