January 19, 2007

DA 07-112

Mr. Richard Duran

Vice President

Colorado Materials Holding Corporation

3525 Wabash Street

Colorado Springs, CO 80906-1525

> RE: Petition for Reconsideration of Cancellation of License for
> Station WPRK272

Dear Mr. Duran:

This letter addresses the petition you filed on behalf of Colorado
Materials Holding Corporation (CMHC) for reconsideration of the
cancellation of the license for Trunked 900 MHz Business Radio Service
Station WPRK272, licensed to Colorado Materials.[^1] On February 7,
2005, an application was filed seeking the cancellation of the license
for Station WPRK272.[^2] The application was granted and the license
cancelled on February 8, 2005. CMHC contends that it did not file this
cancellation request, and that it did not authorize anyone else to
request the cancellation on its behalf.[^3] Accordingly, CMHC requests
that the Commission reinstate the license for Station WPRK272 and
initiate an investigation into the matter.[^4] For the reasons discussed
herein, we deny the petition.

Section 1.917(a) of the Commission's Rules specifies who may sign FCC
applications.[^5] Applications and related statements of fact required
by the Commission must be signed (either electronically or manually) (1)
by the applicant, if the applicant is an individual; (2) by one of the
partners if the applicant is a partnership; (3) by an officer, director,
or duly authorized employee, if the applicant is a corporation; (4) by a
member who is an officer, if the applicant is an unincorporated
association; or (5) by the trustee if the applicant is an amateur radio
service club. With regard to electronic filings, Section 1.917(d)
provides that an electronic signature shall consist of the name of the
applicant transmitted electronically via ULS and entered on the
application as a signature.[^6]

A review of our licensing records reveals that Randle W. Case, Chief
Executive Officer, entered his name on the electronically filed
application canceling the subject license. CHMC does not dispute that
Mr. Case submitted the application, or that Mr. Case is an officer of
Colorado Materials. Commission staff contacted CMHC and offered it the
opportunity to supplement its petition in this regard, but CMHC did not
provide any additional information. Based on the record before us, we
deny CMHC's petition for reconsideration because CMHC has not
demonstrated that Mr. Case was not authorized to sign the license
cancellation application.

ACCORDINGLY, pursuant to Sections 4(i) and 405 of the Communications Act
of 1934, as amended, [47 U.S.C. §§
154(i)](https://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.07),
[405](https://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS405&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.07),
and Sections 1.106 and 1.917 of the Commission\'s Rules, [47 C.F.R. §§
1.106](https://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS1.106&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.07)
and 1.917, IT IS ORDERED that the petition for reconsideration filed by
Colorado Materials Holding Corporation on March 4, 2005 IS DENIED.

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
>
> Scot Stone
>
> Deputy Chief, Mobility Division
>
> Wireless Telecommunications Bureau

[^1]: *See* Petition for Reconsideration filed by Colorado Materials
    Holding Corporation (filed Mar. 4, 2005) (Petition).

[^2]: *See* FCC File No. 0002036574 (filed Feb. 7, 2005).

[^3]: *See* Petition at 1.

[^4]: *Id*. at 1-2.

[^5]: [47 C.F.R. §
    1.917(a)](https://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS1.917&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.07).

[^6]: [47 C.F.R. §
    1.917(d)](https://web2.westlaw.com/find/default.wl?DB=1000547&DocName=47CFRS1.917&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.07).