**DA 07-1329**

In Reply Refer to:

1800B3-RDH

Released: March 16, 2007

Jennifer Cox-Hensley, President

Indiana Community Radio Corporation

15 N. Wood Street

Greenfield, Indiana 46140

In re: White River Broadcasting Corporation

> Station WKKG(FM), Columbus, IN

Facility ID 72259

File No. BRH-20040331AFR

Station WCSI(AM), Columbus, IN

Facility ID 72261

File No. BR-20040331AFI

Station WINN(FM), Columbus, IN

Facility ID 41891

File No. BRH-20040331AGA

> Station WWWY(FM), North Vernon, IN
>
> Facility ID 61195
>
> File No. BRH-20040331AGJ
>
> Station WRBI(FM), Batesville, IN
>
> Facility ID 2873
>
> File No. BRH-20040331AGU
>
> **Petition for Reconsideration**

Dear Ms. Cox-Hensley:

We have before us the "Petition to Deny Defective Applications of White
River Broadcasting Corporation and Request to Rescind License Grants of
White River and Designate for Hearing" (the "Petition") filed on August
31, 2004 by Indiana Community Radio Corporation ("ICRC"). In the
Petition, ICRC asks the Commission to designate for hearing the
above-noted license renewal applications for Stations WKKG(FM),
WCSI(AM), and WINN(FM), Columbus, Indiana, WWWY(FM), North Vernon,
Indiana, and WRBI(FM), Batesville, Indiana, all of which are licensed to
the White River Broadcasting Corporation, Inc. ("White River"). Also
before us is an "Opposition to Petition to Deny" filed by White River on
September 2, 2004.

**Background.** White River filed the renewal applications on March 31,
2004, for license terms ending August 1, 2004. Those applications were
uncontested and were granted on July 26, 2004. Public Notice of the
application grants was released on July 29, 2004.[^1] Over 30 days
later, on August 31, 2004, ICRC filed its Petition. Petitioner alleges
that the White River applications should have been denied because: 1)
there are unresolved character issues concerning White River; 2) White
River filed Petitions to Deny which contained misrepresentations against
two ICRC translator applications; and 3) White River has violated the
public file[^2] and political broadcasting[^3] rules.[^4]

**Discussion.** We will dismiss the Petition. As an initial matter,
petitions to deny broadcast license renewal applications must be filed
no later than the end of the first day of the last full calendar month
of the expiring license term.[^5] The first day of the last full
calendar month of the license term of the above-referenced stations was
July 1, 2004. Because the instant Petition was not filed until August
31, 2004, it was untimely and will be dismissed as a petition to deny.
Because the subject applications were granted prior to the filing of the
Petition, we will consider the filing as a petition for reconsideration
of the grants.[^6]

A petition for reconsideration is required by statute to be filed within
thirty days from the date upon which public notice is given of the
decision complained of.[^7] Public notice of the grant of the subject
White River applications was made on July 29, 2004, and petitions for
reconsideration were due no later than Monday, August 30, 2004.[^8] The
Commission lacks authority to waive or extend the statutory 30-day
filing period for petitions for reconsideration unless the petitioner
shows that its failure to file in a timely manner resulted from
"extraordinary circumstances."[^9] ICRC did not present an explanation
for the late-filing of the Petition. Because the ICRC Petition was not
filed within thirty days of the date of public notice announcing the
grant of the captioned applications, we must dismiss the filing as an
untimely petition for reconsideration of the grant of the White River
license renewal applications.

**Conclusion/Actions.** For the reasons set forth above, Indiana
Community Radio Corporation's "Petition to Deny Defective Applications
of White River Broadcasting Corporation and Request to Rescind License
Grants of White River and Designate for Hearing" IS DISMISSED.

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: Christopher D. Imlay, Esq.

White River Broadcasting Corporation, Inc.

[^1]: Public Notice, *Broadcast Actions*, Report No. 45787 (July 29,
    2004).

[^2]: 47 C.F.R. § 73.3526.

[^3]: 47 C.F.R. §§ 73.1940-1944.

[^4]: Petitioner also alleges, "Licensee has failed to note the issues
    which were raised in it's \[sic\] renewal applications." We are
    unable to determine the meaning of this allegation.

[^5]: *See* 47 C.F.R. §§ 73.3584(a) and 73.3516(e).

[^6]: *See* 47 C.F.R. § 1.106.

[^7]: 47 U.S.C. § 405. *See also* 47 C.F.R. § 1.106(f).

[^8]: The 30^th^ day after the date of Public Notice fell on Saturday,
    August 28, 2004, so the filing period was extended to Monday, August
    30. 47 C.F.R. §§ 1.4(e)(1), (j).

[^9]: *See, e.g., Gardner v. FCC* 530 F.2d 1086, 1091-92 (D.C. Cir.
    1976).