A 100-watt LPFM was granted in March 2014 to serve a city popular with beach revelers and NASCAR fans. However, the low-power FM was never built by the time its initial permit expired in September 2016.
The licensee asked the FCC for more time, and got a six-month extension. Still, the LPFM never got on the air in time to prevent a cancellation of its permit and a call letter deletion. Reconsideration was sought and denied … twice.
This is the story of WDRD-LP at 95.1 MHz, a facility awarded to the Daytona Beach Broadcasting Association. Signal testing was conducted in March 2017 and a program test notice was filed with the FCC. But, it never submitted a cover license application and this resulted in the permit’s cancellation.
Even then, the association got a second chance. It response to a Petition for Reconsideration, the association was given 10 days to file the application, bringing WDRD back from the dead pool.
According to the Commission, the DBBA failed to respond. As such, DWDRD-LP was put in the deletion pile.
The association didn’t seem to understand that its window for launch had come and gone.
The association appealed to the Commission to revive the permit. But, rules are rules and deadlines are deadlines. As such, the Commission said no in an April 2017 Memorandum Report & Order. DBBA wasn’t done. It then send a Third Petition for Reconsideration seeking review of the Commission’s MRO. But, the Commission says that was “untimely,” and July 31 tossed it.
Did that stop DBBA from another stab at a resurrection request?
Nope.
A “Petition for Clarification” was submitted with the Commission in September in response to the August 2018 Order on Reconsideration that dismissed the third petition for reconsideration DBBA filed in the proceeding.
In the eyes of the FCC, this was treated as petition for reconsideration — and was dismissed as untimely.
In this case, any petition for reconsideration was due on Friday, Aug. 31. The September petition was submitted on the fifth day of that month — making it too late for review.
“The Commission generally lacks the authority to extend or waive the statutory 30-day
filing period for petitions for reconsideration,” it explained.
The 95.1 MHz signal is now open to another party for use in Daytona Beach, well to the north of Class A WFKS-FM in Melbourne-Titusville-Cocoa and just south of Class C WAPE-FM in Jacksonville’s outer signal contour.
