johnson - motion to dismiss v6...certified index to the record until the court rules on this motion...

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

WILLIAM JOHNSON, ) )

Petitioner, ) ) v. ) No. 14-1250 ) FEDERAL COMMUNICATIONS COMMISSION ) and UNITED STATES OF AMERICA, ) )

Respondents. )

FCC’S MOTION TO DISMISS AND FOR DEFERRED FILING OF CERTIFIED INDEX TO RECORD

The Federal Communications Commission respectfully moves to dismiss the

petition for review filed by William Johnson because he has failed to properly

invoke the Court’s jurisdiction. Johnson, who is proceeding pro se, challenges

certain licensing actions by the Commission. Under the governing jurisdictional

statute, Section 402(b) of the Communications Act, 47 U.S.C. § 402(b), Johnson

had 30 days to file his petition from September 18, 2014, the date that the FCC

gave public notice of the challenged decision. Johnson missed this deadline by

nearly one month. Therefore, the Court should dismiss his petition for lack of

jurisdiction. In addition, the Commission moves the Court to defer filing of the

certified index to the record until the Court rules on this motion to dismiss.

USCA Case #14-1250 Document #1564671 Filed: 07/27/2015 of 29

2

BACKGROUND

On December 17, 2010, Johnson filed a petition with the FCC seeking a

determination that FM Translator Station W227AV’s radio license had expired as a

matter of law under Section 312(g) of the Communications Act.1 On May 6, 2013,

the Commission’s staff granted an unopposed application filed by Reach

Communications, Inc. to assign FM Translator Station W227AV to Suncoast

Radio, Inc.2 Johnson thereafter filed a “Petition for Consideration of Petitioner’s

Previously Filed Informal Objection Against the Assignor Reach Communications,

Inc. and to Rescind the Staff Grant of the Instant Assignment Application

Forthwith as a Matter of Law” (“Assignment Petition”). On August 13, 2013 (the

“August 2013 decision”), the agency denied Johnson’s 2010 petition as meritless,

and dismissed the Assignment Petition as procedurally defective because it was not

timely filed under the Commission’s rules.

On September 19, 2013, Johnson filed a petition seeking the Commission’s

review of the August 2013 decision. That petition, too, was dismissed as untimely

on April 18, 2014 (the “April 2014 decision”). Johnson thereafter filed an

1 Section 312(g) states, in relevant part, that “[i]f a broadcasting station fails to transmit broadcast signals for any consecutive 12-month period, then the station license granted for the operation of that broadcast station expires at the end of that period.” 47 U.S.C. § 312(g). 2 The FCC gave public notice of the application and invited public comment on it. Neither Johnson nor anyone else filed a petition to deny the application or otherwise objected during the comment period.


3

application for review challenging the dismissal of his September 19, 2013

petition. On September 15, 2014, Johnson’s application for review was dismissed

as untimely. See Ex. A (FCC Letter Decision (Sept. 15, 2014)).

On November 17, 2014, Johnson filed with this Court a petition for review

of the September 15, 2014 decision.3

ARGUMENT

I. THE COURT SHOULD GRANT THE MOTION TO DISMISS BECAUSE JOHNSON’S PETITION FOR REVIEW WAS NOT TIMELY FILED

Judicial review of FCC actions is available only pursuant to Section 402 of

the Communications Act, 47 U.S.C. § 402. Section 402 “describes two mutually

exclusive channels for the review of FCC decisions.” N. Am. Catholic Educ.

Programming Found., Inc. v. FCC, 437 F.3d 1206, 1208 (D.C. Cir. 2006) (quoting

Vernal Enter., Inc. v. FCC, 355 F.3d 650, 655 (D.C. Cir. 2004)). “A claim may be

brought only under one of the two provisions.” Freeman Eng’g Assoc., Inc. v.

FCC, 103 F.3d 169, 177 (D.C. Cir. 1997). Under Section 402(b), this Court has

exclusive jurisdiction over appeals of final FCC orders in nine enumerated

3 In recent filings with the Court, Johnson references the Commission’s August 2013 and April 2014 decisions as the underlying decisions from which his petition arises. However, his petition for review references the September 15, 2014 decision. As explained below, his challenge to the September 15, 2014 decision is untimely. To the extent that he challenges earlier decisions, that challenge would also be untimely.


4

situations all of which, but one, involve the FCC’s licensing authority. 47 U.S.C. §

402(b); see also N. Am. Catholic Educ. Programming Found., 437 F.3d at 1208.

For any final order of the Commission that does not fall under 402(b), a petition

for review may be brought under Section 402(a). 4

Johnson’s appeal falls squarely under Section 402(b) and the Court’s

jurisdiction rests, if at all, under this provision. Johnson challenges the agency’s

dismissal of his application for review, which alleged that the license for FM

Translator Station W227AV had expired and therefore should not have been

assigned to Suncoast Radio, Inc. His appeal falls specifically under Section

402(b)(6), which provides that an appeal may be brought by “any other person who

is aggrieved or whose interests are adversely affected by any order of the

Commission granting . . . any application described in paragraphs (1), (2), (3), (4),

and (9) of this subsection.” Paragraph (3), or Section 402(b)(3), pertains to

applications to assign station licenses, as is the case here. His appeal therefore

falls under Section 402(b).

An appeal under 402(b) must be brought “within thirty days from the date

upon which public notice is given of the decision or order complained of.” 42

4 Johnson does not specify whether he brings his appeal under Section 402(a) or 402(b). Because Johnson challenges a FCC decision regarding a station license, his appeal falls under the latter provision. 47 U.S.C. § 402(b); Am. Immigration Lawyers Ass'n v. Reno, 199 F.3d 1352, 1359 (D.C. Cir. 2000) (Section 402(b) governs “FCC licensing decisions”).


5

U.S.C. § 402(c). An appeal that is not timely filed “must be dismissed for lack of

jurisdiction.” N. Am. Catholic Educ. Programming Found., 437 F.3d at 1208

(quoting Waterway Commc’ns Sys., Inc. v. FCC, 851 F.2d 401, 405 (D.C. Cir.

1988)).

The agency’s letter decision dismissing Johnson’s application for review

was dated September 15, 2014. Public notice of the decision was issued three

days later, on September 18, 2014. See Ex. B (Public Notice of Broadcast

Applications, Report No. 28327 (Sept. 18, 2014)). The statutory 30-day clock

began to run on the public notice date. See 47 C.F.R. § 1.4(b). October 18, 2014

was the thirtieth day following the public notice date. Because October 18 fell on

a Saturday, Johnson had until Monday, October 20, 2014 to file a timely appeal in

this Court. See Fed. R. App. P. 26(a)(3). However, he did not file his petition for

review until November 17, 2014, nearly one month after the deadline. His appeal

is incurably late and thereby deprives this Court of jurisdiction under Section

402(b). Johnson’s petition for review must be dismissed. See Freeman Eng’g

Assoc., 103 F.3d at 177 (appeal would have been dismissed if brought under

Section 402(b) because both petitioners did not file their notices of appeal until 33

and 35 days, respectively, after release of challenged agency order).


6

CONCLUSION

For the foregoing reasons, the Court should grant the FCC’s motion to

dismiss for lack of jurisdiction. In addition, the FCC moves the Court to defer

filing of the certified index to the record until the Court rules on this motion.

Respectfully submitted, Jonathan B. Sallet General Counsel Richard K. Welch Associate Deputy General Counsel /s/ Thaila K. Sundaresan Thaila K. Sundaresan Counsel Federal Communications Commission Washington, D.C. 20554 (202) 418-1935 July 27, 2015


Federal Communications CommissionWashington, D.C. 20554

September 15, 2014

Mr. William J. Johnson2545 NE 1 1th PlaceGainesville, FL 32641

Christine McLaughlin, Esq.Sciarrino & Shubert, PLLC5425 Tree Line DriveCentreville, VA 20120

Carry Tepper, Esq.Booth, Freret, Imlay & Tepper, PC7900 Wisconsin Avenue, Suite 304Bethesda, MD 20814

In Reply Refer to:1 800B3-ATS

In re: W227AV, Newberry, FloridaReach Communications, Inc. (Assignor)Suncoast Radio, Inc. (Assignee)Facility ID No. 145070File No. BALFT..20130325ALR

Dear Mr. Johnson and Counsel:Application for Review

We have before us the "Application for Review by the Full Commission of the Staff's WrongfulDismissal of the Petitioner's Petition for Full Review of the Staff's Action in the AboveStyled Manner"filed on May 29, 2014 ("2014 AFR"),1 by William J. Johnson ("Johnson").2 The 2014 AFR seeksCommission review of a staff decision which dismissed Johnson's "Petition for Review by the FullCommission of the Staffs Delegated Decision Rendered on August 13, 2013" ("2013 AFR").3 For thereasons discussed below, we dismiss the 2014 AFR as procedurally defective pursuant to Section1.115(d) of the Commission's Rules ("Rules").4

Background. The 2013 AFR sought Commission review of a staff decision5 that deniedJohnson's petition to find that the license for Station W227AV, Newberry, Florida, had expired pursuant

Although the 2014 AFR is dated May 19, 2014, Johnson did not electronically file it with the Commission untilMay 29, 2014. See 47 C.F.R. § 1.7 ("pleadings and other documents are considered to be filed with Commissionupon their receipt at the location designated by the Commission").2 Reach Communications, Inc., filed an Opposition on June 2, 2014. Johnson filed a Reply on July 2, 2014.

Reach Communications, Inc., Letter, Ref 1800B3-ATS (MB Apr. 18, 2014) ("2014 Staff Decision"). See alsoBroadcast Applications, Public Notice, Report No. 28224 (MB Apr. 23, 2014) (public notice of the 2014 StaffDecision).

447C.F.R. 1.115(d).

Reach Communications, Inc., Letter, Ref. 1800B3-ATS (MB Aug. 13, 2013) ("2013 Staff Decision"). See alsoBroadcast Applications, Public Notice, Report No. 28054 (MB Aug. 16, 2013) (public notice of the 2013 StaffDecision).

Ex. A


to Section 312(g) of the Communications Act of 1934, as amended.6 The 2014 Staff Decision dismissedthe 2013 AFR as untimely.7 In the 2014 AFR, Johnson argues that the staff erred in dismissing the 2013AFR because he timely filed it by fax on September 13, 2013.8

Discussion. Section 1.115(d) states that an "application for review and any supplemental theretoshall be filed within 30 days of public notice of such action."9 In this case, the "action" of which the 2014AFR is requesting review is the 2014 Staff Decision, which appeared on Public Notice on April 23,2014.'° The deadline for filing the 2014 AFR was thus May 23, 2014, However, Johnson filed the 2014AFR six days later, on May 29, 2Ol3. Therefore, we will dismiss the 2014 AFR as untimely. 12

Additionally, we reject Johnson's assertion that the 2013 AFR was timely filed because it wasallegedly faxed to the Commission on September 13, 2013. The Rules provide that filings may besubmitted by mail or hand-delivery to the Commission's offices, or by electronic filing to a Commissiondatabase.13 Faxed copies of pleadings do not qualify as filings accepted by the Commission. In additionto faxing a copy of the 2013 AFR, Johnson also mailed the pleading to the Commission. TheCommission Mail Room date-stamp on the copy of the 2013 AFR that Johnson mailed indicates that itwas received by the Commission on September 19, 2013, and was therefore filed three days after theSeptember 16, 2013 deadline. ' Accordingly, the 2014 Staff Decision properly dismissed the 2013 AFRas untimely.

647 U.S.C. § 3 12(g).

See 2014 Staff Decision (finding the 2013 AFR untimely because it was filed three days after the September 16,2013 deadline).8 2014 AFR at I. Johnson provides a copy of a fax cover sheet dated September 13, 2013, to demonstrate that hefaxed the 2013 AFR on that day.

947 C.F.R. § 1.115(d).'° 47 C.F.R. § I .4(b)(4).

See n. 1 supra.

'2See Garnerlynn Communications, Memorandum Opinion and Order, 99 FCC 2d 1176, 1177 n.2 (1984) (staff maydismiss untimely application for review); Hurricane Bible Church, Letter, 21 FCC Rcd 1425 (MB 2006) (untimelyapplication for review dismissed by the bureau staff). See also Board of Education of the City of Atlanta,Memorandum Opinion and Order, 11 FCC Rcd 7763, 7765-6 (1996) (application for review filed one day latedismissed by the Commission as untimely).' See 47 C.F.R. § 0.40 l(a)(1). See also Electronic and Hard Copy Filings Address, available athttp ://www. fcc.gov/encyclopedialelectronic-and-hard-copy-filing-address ; Media Bureau Expands CDBS Featuresto Permit the Electronic Filing of Pleadings, Public Notice, 27 FCC Rcd 7579 (MB 2012).

Johnson argues that the Commission's database, CDBS, indicates that the 2013 AFR was filed on September 13,2013. Reply at 1-2. The staff erred when manually logging the 2013 AFR into CDBS and should have inputted thedate on which the pleading was received by the Commission and thus filed: September 19, 2013. See R&MBroadcasting Company and Miracle Radio, Inc., Memorandum Opinion and Order and Notice of ApparentLiability, 25 FCC Rcd 10336, 10339 n.26 (MB 2011) (date on Commission Mail Room date-stamp controls fordetermining filing date of a pleading).

Ex. A


Conclusion/Action. Accordingly, IT IS ORDERED that the "Application for Review by the FullCommission of the Staff's Wrongful Dismissal of the Petitioner's Petition for Full Review of the Staff'sAction in the Above-Style Manner" filed on May 29, 2014, by William J. Johnson IS DISMISSED,pursuant to 47 C.F.R. § 1.4 and 1.115(d).

Sincerely,

.4/Peter H. DoyleChief, Audio DivisionMedia Bureau

Ex. A


Broadcast Applications 9/18/2014

PUBLIC NOTICE Federal Communications Commission445 Twelfth Street SWWashington, D.C. 20554

Recorded listing of releases and texts 202 / 418-2222202 / 418-0500News media information

REPORT NO. 28327

CALL LETTERS APPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N STATE FILE NUMBER E/P

FM TRANSLATOR APPLICATIONS FOR ASSIGNMENT OF LICENSE APPLICATION FOR REVIEW

W227AV 145070 SUNCOAST RADIO, INC.FLNEWBERRY,FL

BALFT-20130325ALR93.3 MHZE

Voluntary Assignment of LicenseFrom: REACH COMMUNICATIONS, INC.To: SUNCOAST RADIO, INC.Form 345*GRANTED WITH CONDITION

Petition for Reconsideration Filed 05/20/2013 by WILLIAM JOHNSON

Opposition Filed 05/28/2013 by Reach Communications, Inc

Reply Filed 06/10/2013 by WILLIAM JOHNSON

Petition for Reconsideration Filed 05/20/2013 by WILLIAM JOHNSONdismissed by letter, 8/13/2013, Ref 1800B3-ATS

Application for Review filed 09/13/2013 by William Johnson


Application for Review filed 09/13/2013 by William Johnson dismissed4/18/2014 by letter, Ref 1800B3-ATS

Application for Review filed 05/29/2014 by URBAN ONEBROADCASTING NETWORK, LLC


Reply filed 07/02/2014 by URBAN ONE BROADCASTING NETWORK,LLC

Application for Review filed 05/29/2014 by URBAN ONEBROADCASTING NETWORK, LLC dismissed 9/15/2014 by letter Ref1800B3-ATS

Page 1 of 19Ex. B





REPORT NO. 28327


FM AUXILIARY TRANSMITTING ANTENNA APPLICATIONS FOR AUXILIARY PERMIT ACCEPTED FOR FILING

WCTK 25869 HALL COMMUNICATIONS, INC.MANEW BEDFORD,MA

BXPH-20140915ABI98.1 MHZE

CP for auxiliary purposes.

DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR CP EXTENSION ACCEPTED FOR FILING

K48NG-D181313

GULF-CALIFORNIA BROADCASTCOMPANY

CA

EL CENTRO,CA

BEP-20140915AAT

CHAN-48E

Extension of time to complete digital construction permit: BNPDTL-20090825BFU

KRID-LD 187095 KARLO MAALOUFIDBOISE,ID

BEP-20140915ABJCHAN-22E

Extension of time to complete digital construction permit: BMPDTL-20140429AUQ

K38NO-D181515

STUDIOBFI,INC.IDBONNERS FERRY,ID

BEP-20140915ACC

CHAN-38E

Extension of time to complete digital construction permit: BNPDTL-20090825AKI

Page 2 of 19Ex. B





REPORT NO. 28327


AM STATION APPLICATIONS FOR DIRECT MEASUREMENT ACCEPTED FOR FILING

WJAK 54035 SOUTHERN STONECOMMUNICATIONS, LLC

TN

JACKSON,TN

BZ-20140908AFM1460 KHZP

Direct Measurement

DIGITAL CLASS A TV APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

K27DX 59257 JOURNAL BROADCASTCORPORATION

ID

MCCALL,ID

BLDTA-20140915ACGCHAN-27E

License to cover construction permit no: BDFCDTA-20140408AAF,callsign K27DX.

DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

KBTI-LP 56814 COCOLA BROADCASTINGCOMPANIES LLC

ID

BOISE,ID

BLDTL-20140915ACKCHAN-41E

License to cover construction permit no: BDFCDTL-20090821ADF,callsign KBTI-LP.

FM STATION APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

KIMO 83110 THE MONTANA RADIOCOMPANY, LLC

MT

TOWNSEND,MT

BLH-20140915AAM107.3 MHZE

License to cover.

Page 3 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

KHYI 41328 METRO BROADCASTERS -TEXAS, INC.

TX

HOWE,TX

BLH-20140915AAU95.3 MHZE

License to cover.

FM STATION APPLICATIONS FOR LICENSE TO COVER

KEAU 189486 ELKO BROADCASTINGCOMPANY

NV

ELKO,NV

BLH-20140728ADX104.7 MHZE

License to cover.

Informal Objection Filed 08/11/2014 by ruby radio corporation

Opposition Filed 08/29/2014 by elko broadcasting company

Motion for Extension of Time Filed 09/09/2014 by ruby radio corporation

FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

W277AQ 149355 WPEO RADIO FOUNDATIONILCANTON,IL

BLFT-20140915ABX97.7 MHZE

License to cover.

W246CG 87684 WDNC-AM, LLCNCDURHAM,NC

BLFT-20140915ACD96.5 MHZE

License to cover.

Page 4 of 19Ex. B





REPORT NO. 28327


FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

K300CP 140155 WAY MEDIA , INC.COHILLTOP,CO

BLFT-20140915ACQ107.9 MHZE

License to cover.

LOW POWER FM APPLICATIONS FOR LICENSE TO COVER ACCEPTED FOR FILING

WPKA-LP194816

VJIL INC.FLAPOPKA,FL

BLL-20140915AAP

99.3 MHZE

License to cover.

KXAK-LP 197578 PITTSBURG BROADCASTINGCLUB

TX

PITTSBURG,TX

BLL-20140915AAQ107.5 MHZE

License to cover.

WKKM-LP193246

THE COUNTRY KING,INCORPORATED

MI

HARRISON,MI

BLL-20140915ACO

106.5 MHZE

License to cover.

KCDM-LP133404

BURLINGTON EDUCATIONALASSOCIATION

IA

BURLINGTON,IA

BLL-20140915ACX

98.3 MHZE

License to cover.

Page 5 of 19Ex. B





REPORT NO. 28327


FM AUXILIARY TRANSMITTING ANTENNA APPLICATIONS FOR LICENSE TO COVER AUXILIARY PERMIT ACCEPTED FOR FILING

KVMO 164087 THE MONTANA RADIOCOMPANY, LLC

MT

FORT BENTON,MT

BXLH-20140915AAN96.3 MHZE

License to cover auxiliary permit.

AM STATION APPLICATIONS FOR MAJOR MODIFICATION TO A LICENSED FACILITY TENDERED FOR FILING

KBLE 33667 SACRED HEART RADIO, INC.WASEATTLE,WA

BMJP-20140804ABF1050 KHZE

Major change in licensed facilities.

FM STATION APPLICATIONS FOR MINOR AMENDMENT TO A CONSTRUCTION PERMIT RECEIVED

WSGC-FM84470

GEORGIA-CAROLINARADIOCASTING COMPANY, LLC

GA

TIGNALL,GA

BPH-20140106DJY

96.7 MHZE

Engineering Amendment filed 09/15/2014

WCON-FM25814

HABERSHAM BROADCASTINGCO.

GA

CORNELIA,GA

BPH-20140723AEB

99.3 MHZE


Page 6 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR MINOR AMENDMENT TO A CONSTRUCTION PERMIT RECEIVED

WKRH 56996 GALAXY SYRACUSE LICENSEELLC (NEW)

NY

FAIR HAVEN,NY

BMPH-20140902AEE106.5 MHZE


AM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY TENDERED FOR FILING

WGDL 36564 LARES BROADCASTINGCORPORATION

PR

LARES,PR

BP-19900326AD1200 KHZE

CP TO CHANGE

Application dismissed 1/27/2005 per DA 05-178.

Petition for Reconsideration and Reinstatement NuncPro Tunc filed 2/28/05 by ("LBC")

Petition for Reconsideration Granted and ApplicationReinstated 3/04/05. No letter sent.Engineering Amendment filed 07/02/2014

WRAD 73919 CUMULUS LICENSING LLCVARADFORD,VA

BP-20140425ACH1460 KHZE

Minor change in licensed facilities.Engineering Amendment filed 05/09/2014Engineering Amendment filed 07/16/2014

KIDD 7721 BUCKLEY COMMUNICATIONS,INC.

CA

MONTEREY,CA

BP-20140506ABH630 KHZE

Minor change in licensed facilities.Engineering Amendment filed 05/29/2014

Page 7 of 19Ex. B





REPORT NO. 28327


AM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY TENDERED FOR FILING

WXYB 2918 ASA BROADCASTING, INCFLINDIAN ROCKS BEACH,FL

BP-20140603ACX1520 KHZE


KQQB 67285 THE RAFTT CORPORATIONTXSTOCKDALE,TX

BP-20140613AAM1520 KHZE


DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING

K14HC-D 68891 FOX TELEVISION STATIONS, INC.AZPRESCOTT,AZ

BPDTT-20140915ABOCHAN-14E

Minor change in licensed facilities, callsign K14HC-D.

DIGITAL TV APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING

KYOU-TV 53820 KYOU LICENSE SUBSIDIARY, LLCIAOTTUMWA,IA

BPCDT-20140915ABMCHAN-15E

Minor change in licensed facilities, callsign KYOU-TV.

Page 8 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING

WCTK 25869 HALL COMMUNICATIONS, INC.MANEW BEDFORD,MA

BPH-20140912ABF98.1 MHZE

Minor change in licensed facilities.

WAGP 12534 COMMUNITY BROADCASTINGCORP. OF BEAUFORT, INC.

SC

BEAUFORT,SC

BPED-20140915ABB88.7 MHZE

Minor change in licensed facilities.

FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING

K232EI 150990 RADIO ASSIST MINISTRY, INC.AZLAKE HAVASU CITY,AZ

BPFT-20140915AAS94.3 MHZE

Minor change in licensed facilities, callsign K232EI.

W260CG 153753 RCR OF RANDOLPH COUNTY,LTD.

NC

BURLINGTON,NC

BPFT-20140915ABC99.9 MHZE

Minor change in licensed facilities, callsign W260CG.

W258AU 141160 WAY MEDIA , INC.ALCHASE,AL

BPFT-20140915ACN99.5 MHZE

Minor change in licensed facilities, callsign W258AU.

Page 9 of 19Ex. B





REPORT NO. 28327


FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING

W257DF 152237 EDGEWATER BROADCASTING,INC.

GA

DALLAS,GA

BPFT-20140915ACV99.3 MHZE

Minor change in licensed facilities, callsign W257DF.

W272BJ 154196 HOPE CHRISTIAN CHURCH OFMARLTON, INC.

MD

FAIRLEE,MD

BPFT-20140915ADB102.3 MHZE

Minor change in licensed facilities, callsign W272BJ.

FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY

W276BV 158099 DENNIS JACKSONCTGREENWICH,CT

BPFT-20140711AAA103.1 MHZE

Minor change in licensed facilities, callsign W276BV.

Informal Objection filed 07/21/2014 by BRIDGELIGHT, LLC

Supplement filed 08/14/2014 by BRIDGELIGHT, LLC

Reply filed 09/02/2014 by DENNIS JACKSON

Supplement filed 09/03/2014 by DENNIS JACKSON

Motion for Extension of TimeTO INFORMAL OBJECTION Filed09/08/2014 by DENNIS JACKSON

Page 10 of 19Ex. B





REPORT NO. 28327


AM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT TENDERED FOR FILING

161417 POWELL MEREDITHCOMMUNICATIONS COMPANY

NV

PARADISE,NV

BMP-20140320AED1590 KHZE

Mod of CP

Published in the Federal Register 5/27/2014Engineering Amendment filed 07/16/2014

FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING

KXNV 172600 PROGRESSIVE LEADERSHIPALLIANCE OF NEVADA

NV

SUN VALLEY,NV

BMPED-20140915ACW89.1 MHZE

Mod of CP to chg

FM TRANSLATOR APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING

K283BX 156894 ALEXANDRA COMMUNICATIONS,INC.

WA

MABTON,WA

BMPFT-20140915ABT104.5 MHZE

Mod of CP

K291BV 156949 ALEXANDRA COMMUNICATIONS,INC.

WA

MABTON,WA

BMPFT-20140915ABU106.1 MHZE

Mod of CP

Page 11 of 19Ex. B





REPORT NO. 28327


FM TRANSLATOR APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING

K295BT 156903 ALEXANDRA COMMUNICATIONS,INC.

WA

WAPATO,WA

BMPFT-20140915ABV106.9 MHZE

Mod of CP

LOW POWER FM APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING

KFMY-LP123878

TULSA COMMUNITY RADIO, INC.OKTULSA,OK

BMPL-20140915ABE

90.1 MHZE

Low Power FM Mod of CP to chg

Requests waiver pursuant to Section73.807(e)(1) with respect to KNYD.

KHFR-LP197653

ST. MARY RADIO DBA RADIOAPOSTOLATE FOR THEHEARTLAND

IA

KEOSAUQUA,IA

BMPL-20140915ACY

103.5 MHZE

Low Power FM Mod of CP to chg

FM STATION APPLICATIONS FOR MODIFICATION OF LICENSE ACCEPTED FOR FILING

KROK 77184 WEST CENTRAL BROADCASTINGCO., INC.

LA

SOUTH FORT POLK,LA

BMLH-20140915ABA95.7 MHZE

License to modify.

Page 12 of 19Ex. B





REPORT NO. 28327


FM TRANSLATOR APPLICATIONS FOR MODIFICATION OF LICENSE ACCEPTED FOR FILING

K213CF 82789 CALVARY CHAPEL OF TWINFALLS, INC.

OR

GRANTS PASS,OR

BMLFT-20140915ACL90.5 MHZE

License to modify.

AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT TENDERED FOR FILING

NEW 160820 CHRISTYAHNA BROADCASTING,INC.

CA

LEMON GROVE,CA

BNP-20070926AMO1400 KHZE

CP New Station.

Petition to Deny filed 10/11/07 by ("Gold Coast")

Published in the Federal Register 11/19/2007

Opposition to Petition to Deny Filed 03/06/2008 by ChristyahnaBroadcasting inc

Request for Extension of time filed 3/18/08 by ("Gold Coast")

Reply Filed 04/01/2008 by Gold Coast Broadcasting Inc.


Supplement to Opposition to Petition to Deny filed 6/27/08 by ("CBI")Engineering Amendment filed 07/29/2009Engineering Amendment filed 11/18/2009Engineering Amendment filed 02/09/2011Engineering Amendment filed 06/20/2014

Page 13 of 19Ex. B





REPORT NO. 28327



NEW 160781 L. TOPAZ ENTERPRISES, INC.NVENTERPRISE,NV

BNP-20140630AAD1540 KHZE

CP New Station.

NEW 161348 LEVINE/SCHWAB PARTNERSHIPCACULVER CITY,CA

BNP-20140715ABO1500 KHZE

CP New Station.Engineering Amendment filed 07/17/2014

Informal Objection Filed 08/13/2014 by Ontario Broadcasting, LLC

Motion for Extension of Time Filed 08/21/2014 by Levine/SchwabPartnership

NEW 161553 CHAPARRAL BROADCASTINGCOMPANY

MT

BOZEMAN,MT

BNP-20140718ACU1490 KHZE

AM Auction 84CP New Station.

NEW 160207 EDWARD A. SCHOBERPAENOLA,PA

BNP-20140721ABD850 KHZE

CP New Station.

NEW 160512 BOTT COMMUNICATIONS, INC.NERAVENNA,NE

BNP-20140721ADS1130 KHZE

CP New Station.

Page 14 of 19Ex. B





REPORT NO. 28327



NEW 160400 LA FAVORITA BROADCASTING,INC.

CA

COALINGA,CA

BNP-20140721AEF1470 KHZE


NEW 160605 STEVE KINGAKCHUGIAK,AK

BNP-20140721AEL1200 KHZE


Page 15 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION

NEW 176940 CALIFORNIA ASSOCIATION FORRESEARCH AND EDUCATIONINC.

KY

UPTON,KY

BNPED-20071022BUZ88.1 MHZE

CP New Station.

Petition to Deny Filed 03/18/2010 by Bethel Fellowship Inc


Petition to Deny denied by letter 12/23/2010Application granted by letter 12/23/2010

Petition for Reconsideration Filed 01/25/2011 by Bethel Fellowship Inc

Petition for Reconsideration Denied 10/27/2011 by letter, ref. 1800B3-VM

Application for Review Filed 11/28/2011 by Bethel Fellowship Inc

Petition for Reconsideration Filed 09/02/2014 by Bethel Fellowship, Inc.

Petition for Reconsideration Filed 09/03/2014 by BETHEL FELLOWSHIPINC

FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT

NEW 197976 NEW ENGLAND BROADCASTINGEDU. GROUP INC.

MA

NEWBURY,MA

BNPED-20140227AFX88.3 MHZP

CP New Station.

Petition to Deny Filed 09/09/2014 by Masconomet Regional SchoolDistrict

Page 16 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT TENDERED FOR FILING

NEW 198249 CALVARY CHAPEL OF TWINFALLS, INC.

IL

GREENUP,IL

BNPED-20140904AAH93.9 MHZE

CP New Station.

NEW 198243 FAMILY LIFE BROADCASTING,INC.

IA

ASBURY,IA

BNPED-20140905AAQ98.7 MHZE

CP New Station.

NEW 198208 WORD POWER, INC.ILGREENUP,IL

BNPED-20140905ABD93.9 MHZE

CP New Station.

NEW 198261 CANTON SEVENTH-DAYADVENTIST CHURCH

IL

GREENUP,IL

BNPED-20140908AEU93.9 MHZE

CP New Station.

NEW 198262 CANTON SEVENTH-DAYADVENTIST CHURCH

IA

ASBURY,IA

BNPED-20140908AEV98.7 MHZE

CP New Station.

Page 17 of 19Ex. B





REPORT NO. 28327


FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT TENDERED FOR FILING

NEW 198234 AQUINAS COMMUNICATIONS,INC.

IA

ASBURY,IA

BNPED-20140908AEY98.7 MHZE

CP New Station.

NEW 198265 GRACE COMMUNITY CHURCHOF AMARILLO

IA

ASBURY,IA

BNPED-20140908AEZ98.7 MHZE

CP New Station.

LOW POWER FM APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT ACCEPTED FOR FILING

NEW 194118 CHRISTIAN CHURCH OFEVANGELICAL FAITHPENTECOSTAL

OH

GALLOWAY,OH

BNPL-20131106AIO92.7 MHZE

Low Power FM CP New Station.Engineering Amendment filed 09/12/2014

Requests waiver pursuant to Section 73.807(e)(1) with respect toWCOL-FM.

Petitions to deny this application must be on file no laterthan 30 days from the date of the notice accepting thisapplication for filing.

LOW POWER FM APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION COMMENT

NEW 197053 SYRACUSE COMMUNITY RADIO,INC.

NY

SYRACUSE,NY

BNPL-20131114ADZ103.3 MHZE

Low Power FM CP New Station.Engineering Amendment filed 09/15/2014

Requests waiver pursuant to Section 73.807(e)(1) with respect toWMHR(FM).

Page 18 of 19Ex. B





REPORT NO. 28327


LOW POWER FM APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION

NEW 194660 HOWARD BOYERAZGOLDEN VALLEY,AZ

BNPL-20131101AIA97.1 MHZE

Low Power FM CP New Station.

Petition for Reconsideration Filed 12/30/2013 by Reverend Howard BoyerEngineering Amendment filed 01/16/2014

Petition for Reconsideration Filed 12/30/2013 by Reverend Howard Boyerdenied 9/15/2014 by letter Ref 1800B3-ATS

DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR RENEWAL ACCEPTED FOR FILING

KJWY-LD189343

NORTHWEST CHRISTIANBROADCASTING

OR

SALEM,OR

BRDTL-20140915ABG

CHAN-36E

Renewal of License.

KJYY-LD 49733 NORTHWEST CHRISTIANBROADCASTING

OR

PORTLAND,OR

BRDTL-20140915ABHCHAN-26E

Renewal of License.

FM STATION APPLICATIONS FOR TRANSFER OF CONTROL ACCEPTED FOR FILING

KDCR 17314 DORDT COLLEGE, INC.IASIOUX CENTER,IA

BTCED-20140915AAV88.5 MHZE

Voluntary Transfer of ControlFrom: DORDT COLLEGE, INC. (OLD BOARD)To: DORDT COLLEGE, INC. (NEW BOARD)Form 316

Page 19 of 19Ex. B


14-1250

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

WILLIAM JOHNSON,

Petitioner,

v. FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA,

Respondents.

CERTIFICATE OF SERVICE

I, Thaila K. Sundaresan, hereby certify that on July 27, 2015, I electronically filed the foregoing Motion to Dismiss and for Deferred Filing of Certified Index to Record with the Clerk of the Court for the United States Court of Appeals for the D.C. Circuit by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.

Some of the participants in the case are not CM/ECF users. I certify further that on this date a true and correct copy of the foregoing document was served via First Class Mail to these participants, and that an electronic copy of this document in PDF format was served on these participants via electronic mail. William Johnson 2545 NE 11th Place Gainesville, FL 32641 Pro Se Petitioner

/s/ Thaila K. Sundaresan


johnson - motion to dismiss v6...certified index to the record until the court rules on this motion...

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