**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In re Application of             | * | File No. DO95960             |
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| GLM Communications, Inc.         | ) |                              |
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| Request for Waiver to Modify     | * |                              |
| Station KNJK775,                 |   |                              |
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| Warrensville Township, Ohio      | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: August 3, 2000 Released: August 7, 2000**

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

# I. INTRODUCTION {#i.-introduction .unnumbered}

1.  On December 29, 1999, GLM Communications, Inc. (GLM) petitioned for
    reconsideration[^1] of the November 29, 1999 action by the Public
    Safety and Private Wireless Division, Licensing and Technical
    Analysis Branch (Branch) denying GLM's request for a waiver of the
    Commission's Rules and dismissing its associated application to
    modify its license for 800 MHz Specialized Mobile Radio Service
    (SMR) Station KNJK775, Warrensville Township, Ohio.[^2] For the
    reasons discussed herein, we dismiss GLM's *Petition*.

## II. BACKGROUND

2\. On December 4, 1996, GLM filed an application to modify the license
for its one-channel SMR Station KNJK775, in the Warrensville Township of
Ohio.[^3] Specifically, GLM sought authority to add to Station KNJK775
six co-located conventional Business Category channels, licensed as
community repeaters to various end-users but operated by GLM. The
end-user licensees consented to the proposed consolidation. GLM proposed
to create a seven-channel trunked SMR system, on which it would provide
trunked commercial service to GLM's customers. In order to convert the
Business channels to SMR use, GLM needed a waiver of Section 90.621(e)
of the Commission's Rules, which does not permit inter-category sharing
by SMR applicants.[^4]

3\. On August 13, 1997, GLM filed a request for special temporary
authority (STA) to use the six channels in its proposed trunked SMR
system during the pendency of its application and waiver request. On
August 21, 1997, the Commercial Wireless Division granted an STA for a
period of 180 days, and subsequently granted four extensions of the STA,
the most recent of which expired on February 23, 2000.

4\. On November 29, 1999, the Branch dismissed GLM's application and
denied its waiver request,[^5] on the grounds that GLM had a reasonable
alternative under the Commission's current Rules.[^6] On December 29,
1999, GLM requested reconsideration of the Branch's decision. The
*Petition* was addressed to the Chief of the Branch, which is located in
Gettysburg, Pennsylvania. GLM argues that the Branch did not adequately
explain why its waiver request could not be granted, and did not address
the effect of the Branch's decision on GLM's continued operations under
its STA.

## III. DISCUSSION {#iii.-discussion .unnumbered}

5\. 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.[^7] 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.[^8] Furthermore, Section
1.106(i) states that a petition for reconsideration must be submitted to
the Secretary, Federal Communications Commission, Washington, D.C.
20554.[^9]

6\. 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.[^10] A document is filed with the
Commission upon its receipt at the location designated by the
Commission.[^11] 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.[^12]

7\. We conclude that GLM 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,[^13] closed on December 29, 1999, the *Petition* was
not received by the Secretary within the thirty-day period, and no
request for waiver of the requisite filing location was submitted, we
conclude that the *Petition* should be dismissed.[^14] Therefore, we
dismiss GLM's Petition for Reconsideration.

8\. In addition to reconsideration of the Branch's decision, GLM seeks
clarification of the status of its STA[^15] and, in the event
reconsideration is not granted, requests that the STA be extended an
additional ninety days to allow the users to relocate to an alternative
system.[^16] The status of the STA is that it expired on February 23,
2000, and GLM did not request renewal pending resolution of its petition
for reconsideration. Moreover, because the STA has expired, there is
nothing before us to be extended.[^17]

**IV. ORDERING CLAUSES**

9\. Accordingly, **IT IS ORDERED** that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections
1.106 and 1.925 of the Commission's Rules, 47 C.F.R. §§ 1.106, 1.925,
the Petition for Reconsideration filed by GLM Communications, Inc., on
December 29, 1999 **IS DENIED**.

10\. 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]: GLM Communications, Inc., Petition for Reconsideration (filed Dec.
    29, 1999) (*Petition*).

[^2]: Letter from Mary Shultz, Chief, Licensing and Technical Analysis
    Branch, Public Safety and Private Wireless Division, to Eugene
    Maliszewskyj, Director of Engineering and Licensing -- Private
    Radio, Blooston, Mordkofsky, Jackson and Dickens, dated Nov. 29,
    1999 (*Branch Letter*).

[^3]: GLM's initial application was designated as File No. DO63361. In
    1997, a new file number, DO95960, was assigned when the application
    was returned to the Commission with the required frequency
    coordination. File No. DO63361 was deleted from the Division's
    database as duplicative. GLM requests that both file numbers be
    retained pending a final determination. *Petition* at 1 n.1. We deny
    this request because we believe that the retention of two file
    numbers for this matter would not in any way enhance GLM's interests
    and instead would create administrative uncertainty.

[^4]: *See* 47 C.F.R. § 90.621(e).

[^5]: *Branch Letter* at 1.

[^6]: *See* 47 C.F.R. § 90.151(a) (1996) (currently codified at 47
    C.F.R. § 1.925(b)(3)).

[^7]: 47 U.S.C. § 405.

[^8]: 47 U.S.C. § 405; 47 C.F.R. § 1.106(f).

[^9]: 47 C.F.R. § 1.106(i).

[^10]: 47 C.F.R. § 0.401.

[^11]: 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).

[^12]: *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).

[^13]: 47 C.F.R. § 1.4(b)(5).

[^14]: Moreover, we note that the Branch correctly denied GLM's waiver
    request. GLM argues that the alternative proffered by the Branch --
    incorporating the SMR channel into a seven-channel trunked Business
    community repeater through the use of a common trunking control
    device -- is not reasonable because it is more cumbersome
    administratively than GLM's proposed SMR system. We find
    unpersuasive GLM's suggestion that an alternative which accomplishes
    the desired purpose is unreasonable merely because it would not be
    as easy to administer. *Cf.* State of South Carolina, *Order*, 13
    FCC Rcd 22447, 22449 ¶ 5 (WTB PSPWD 1998).

[^15]: Petition at 3, 5.

[^16]: *Id.* at 5 n.3.

[^17]: *See* 47 C.F.R. § 1.931(a) (requests to extend STAs must be filed
    ten days prior to the expiration date of the existing STA).