**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | FCC File No. 0000759170      |
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| CITY OF DARDANELLE FIRE          | ** |                              |
| DEPARTMENT                       |    |                              |
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| Application to Renew License for | *) |                              |
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| Station WNHQ335, Dardanelle,     |    |                              |
| Arkansas                         | *  |                              |
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**ORDER**

**Adopted: June 3, 2002 Released: June 13, 2002**

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

1\. *Introduction.* The City of Dardanelle Fire Department, Dardanelle,
Arizona (Dardanelle) requests a waiver of Section 1.949 of the
Commission's Rules to allow grant of its late-filed application to renew
its license for Station WNHQ335, Dardanelle, Arkansas.[^1] For the
reasons set forth below, we grant Dardanelle\'s request.

2\. *Background.* Dardanelle has been the licensee of Station WNHQ335
since October 3, 1996. Station WNHQ335 is a private land mobile radio
service station used by Dardanelle's Fire Department. Dardanelle's
license was set to expire on November 25, 2001. On August 20, 2001,
Dardanelle filed an application to renew its license.[^2] Inasmuch as
renewal applications are only accepted beginning ninety days prior to
the expiration of the license,[^3] Dardanelle's application was
dismissed by the Public Safety and Private Wireless Division, Licensing
and Technical Analysis Branch (Branch). Dardanelle was sent a renewal
reminder notice on September 4, 2001. Dardanelle then made a second
attempt to renew its license.[^4] That application was returned by the
Branch in October 2001, because it contained an incorrect Taxpayer
Identification Number (TIN).[^5] Dardanelle re-filed the application
with the proper information on November 19, 2001,[^6] but in its haste
to return the application in a timely manner, Dardanelle failed to sign
the form.[^7] The Branch therefore dismissed the application as
defective on January 2, 2002. On January 23, 2002, Dardanelle submitted
the instant application, along with a request for a waiver of the filing
deadline for the application.

3\. *Discussion.* Pursuant to the Commission's Rules, renewal
applications for all of the Wireless Radio Services must be filed no
sooner than ninety days prior to expiration of the license and no later
than the expiration date of the authorization for which renewal is
sought.[^8] Late-filed renewal applications that are filed up to thirty
days after the expiration date of the license will generally be granted
*nunc pro tunc*, although the licensee may be subject to an enforcement
action for untimely filing and unauthorized operation during the time
between the expiration of the license and the untimely renewal
filing.[^9] Applicants who file renewal applications more than thirty
days after the license expiration may also request that the license be
renewed *nunc pro tunc* but such requests will not be routinely granted,
will be subject to stricter review and also may be accompanied by
enforcement action, including more significant fines or
forfeitures.[^10]^0^ In determining whether to grant a late-filed
renewal application, we take into consideration all of the facts and
circumstances, including the length of the delay in filing, the reasons
for the failure to timely file, the performance record of the licensee,
and the potential consequences to the public if the license should
terminate.[^11]^1^

4\. After reviewing the facts and circumstances, including the specific
factors set forth above, we conclude that Dardanelle's license should be
reinstated *nunc pro tunc*. With regard to the first two factors, \--
length of the delay and the reasons for failing to timely file -- we
note that Dardanelle's application is untimely only because prior good
faith efforts to renew its license were defective.[^12]^2^ Furthermore,
Dardanelle promptly filed the latest application upon notification that
the prior application was rejected. While such facts do not excuse
Dardanelle from timely filing a proper renewal application, they do
reflect good faith efforts on Dardanelle\'s behalf to retain the license
for Station WNHQ335. Moreover, Dardanelle's record does not reflect any
prior violations. Finally, with regard to the last factor, we find that
there would be adverse consequences to the public if the license were to
lapse. The record reflects that Dardanelle utilizes the subject license
for fire department operations. We conclude, therefore, that allowing
the license for Station WNHQ335 to be reinstated *nunc pro tunc* would
serve the public interest.

5\. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the
Communications Act of 1934, 47 U.S.C. § 154(i), and Section 1.949 of the
Commission\'s Rules, 47 C.F.R. § 1.949, the request for waiver of
Section 1.949 of the Commission's Rules filed by the City of Dardanelle
Fire Department on January 28, 2002 IS GRANTED.

6\. IT IS FURTHER ORDERED that the Public Safety and Private Wireless
Division, Licensing and Technical Analysis Branch SHALL PROCESS the
renewal application filed by the City of Dardanelle Fire Department on
January 28, 2002, File No. 0000759170, in accordance with this *Order*.

7\. 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

Ramona E. Melson

Deputy Chief, Public Safety and Private Wireless Division

> Wireless Telecommunications Bureau

[^1]: Dardanelle Application for Wireless Telecommunications Bureau
    Radio Service Authorization (filed Jan. 28, 2002) (Dardanelle
    Application); Request for Waiver of Commission's Rules from Carl E.
    Cross, Chief, Dardanelle Fire Department, Dardanelle, Arkansas
    (dated January 23, 2002) (Dardanelle Waiver Request).

[^2]: FCC File No. 0000569150 (filed Aug. 20, 2001).

[^3]: *See 47 C.F.R. §1.949(a).*

[^4]: ^4^ See Dardanelle Waiver Request at 1.

[^5]: ^5^ *Id.*

[^6]: ^6^ FCC File No. 0000716516 (filed Nov. 19, 2001).

[^7]: ^7^ Dardanelle Waiver Request at 1.

[^8]: ^8^ 47 C.F.R. § 1.949(a); *see also* Biennial Regulatory Review --
    Amendment of Parts 0, 1, 13, 22, 24, 26 27, 80, 87, 90, 95, and 101
    of the Commission's Rules to Facilitate the Development and Use of
    the Universal Licensing System in the Wireless Telecommunications
    Services, *Report and Order,* WT Docket No. 98-20, 13 FCC Rcd 21027
    (1998).

[^9]: ^9^ *See* Biennial Regulatory Review -- Amendment of Parts 0, 1,
    13, 22, 24, 26, 27, 80, 87, 90, 95, and 101 of the Commission's
    Rules to Facilitate the Development and Use of the Universal
    Licensing System in the Wireless Telecommunications Services,
    *Memorandum Opinion and Order on Reconsideration,* WT Docket No.
    98-20, 14 FCC Rcd 11476, 11485-86 ¶ 22 (1999).

[^10]: ^10^ *Id.*

[^11]: ^11^ *Id*.

[^12]: ^12^ *See, e.g.,* Florida Power and Light Company, *Order*, FCC
    Rcd 13607 (WTB PSPWD 2000) (permitting waiver and reinstatement
    where licensee timely filed a renewal application that was dismissed
    for reasons unrelated to the licensees actual operation of the
    station).