*Pages 1--2 from Microsoft Word - 4335.doc* Federal Communications Commission FCC 00- 375 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In re Applications of ) ) OLE BROOK BROADCASTING, INC. ) File No. BPH- 950511MI ) Facility ID No. 76262 and ) ) LEOLA D. DICKEY ) File No. BPH- 950503MC ) Facility ID No. 76204 For Construction Permit for a New FM ) Station, Channel 282C3 ) Bude, Mississippi ) MEMORANDUM OPINION AND ORDER Adopted: October 17, 2000 Released: October 20, 2000 By the Commission: 1. The Commission has before it a Petition for Reconsideration filed March 30, 2000 by Evan Doss, Jr. (“ Doss”), in which Doss requests that we reconsider our ruling in Ole Brook Broadcasting, Inc., 15 FCC Rcd 4758 (released February 23, 2000) (“ Ole Brook”). In Ole Brook, we denied Doss’s Application for Review of the Mass Media Bureau’s action granting the Joint Request of Ole Brook Broadcasting, Inc. (“ Ole Brook”) and Leola D. Dickey (“ Dickey”) for Approval of Settlement Agreement, dismissing Dickey’s application for a construction permit for a new FM station in Bude, Mississippi, 1 granting Ole Brook’s application for a construction permit in Bude, 2 and denying Doss’s informal objections to those actions. 2. Our Memorandum Opinion and Order in Ole Brook was released February 23, 2000. Doss had 30 days from the release date, or until March 24, 2000, in which to file a petition for reconsideration. 47 U. S. C. §405( a); 47 C. F. R. §§ 1.4( b)( 2), 1.106( f). Doss’s Petition for Reconsideration, although dated March 10, 2000, was not stamped as received by the Office of the Secretary until March 30, 2000. For purposes of computing time, the Secretary’s date stamp is authoritative and conclusive. Richardson Independent School District, 5 FCC Rcd 3135, 3136 (1990). We have held consistently that we are without authority to waive or extend, even by as little as one day, the statutory 30- day filing period for petitions for reconsideration, absent extraordinary circumstances which are not present here. Richardson Independent School District, supra; Metromedia, Inc., 56 FCC 2d 909, 909- 10 (1975); see also Gardner v. F. C. C., 530 F. 2d 1086, 1091- 92 (D. C. Cir. 1976). 1 File No. BPH- 950503MC. 2 File No. BPH- 950511MI. 1 Federal Communications Commission FCC 00- 375 2 3. The 30- day period in which Doss was to have filed his Petition for Reconsideration expired on March 24, 2000, six days before it was filed with the Secretary. Doss’s Petition for Reconsideration must therefore be dismissed as untimely. 4. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed March 30, 2000 by Evan Doss, Jr., IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Magalie Román Salas Secretary 2