[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Rules and Regulations]
[Page 10016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03498]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 09-189; RM-11564; DA 14-112]


Radio Broadcasting Services; Kahuku and Kualapuu, Hawaii

AGENCY: Federal Communications Commission.

ACTION: Final rule, denial of petition for reconsideration.

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SUMMARY: The Media Bureau denies a Petition for Reconsideration filed 
by Kona Coast Radio, LLC (``Kona'') of the dismissal of its Petition 
for Rule Making for a new FM allotment at Kahuku, Hawaii, because Kona 
had not demonstrated error with the staff's decision. The Bureau also 
affirmed the grant of a Counterproposal filed by Kemp Communications, 
Inc. for a new allotment at Kualapuu, Hawaii, and a minor modification 
application filed by Big D Consulting, Inc. See Supplementary 
Information.

DATES: Effective February 24, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes or Deborah Dupont, 
Media Bureau, (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, DA 14-112, adopted January 30, 2014, and 
released January 31, 2014. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the Commission's Reference Center 445 12th Street SW., Washington, DC 
20554. The complete text of this decision may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
445 12th Street SW., Room CY-B402, Washington, DC, 20054, telephone 1-
800-378-3160 or www.BCPIWEB.com. This document is not subject to the 
Congressional Review Act. (The Commission is, therefore, not required 
to submit a copy of this Memorandum Opinion and Order to the General 
Accounting Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A), because the Petition for Reconsideration was 
denied.
    The Bureau ruled that Kona's Petition for Rule Making was properly 
dismissed for three reasons. First, Kona had submitted a late filed 
expression of interest in the proposed allotment that would prejudice 
another party in violation of Commission policy. Second, although 
Kona's Petition for Rule Making was filed on July 24, 2009, it was 
improperly addressed and not received at the Office of the Secretary 
until August 18, 2009. Because an intervening and conflicting 
application was filed by Big D Consulting, Inc., on August 10, 2009, 
the application had cut-off protection vis-[agrave]-vis Kona's filing, 
and, therefore, Kona's Petition for Rule Making was properly dismissed. 
Third, Kona had not submitted sufficient grounds for waiver of the 
filing requirement that pleadings in FM allotment rule making 
proceedings be officially filed at the Secretary's office. See also 
Report and Order, 76 FR 12292, March 7, 2011.

Federal Communications Commission.
Peter H. Doyle,
Chief, Audio Division, Media Bureau.
[FR Doc. 2014-03498 Filed 2-21-14; 8:45 am]
BILLING CODE 6712-01-P