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                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of Application of

Bulgari Corporation of America

For Private Land Mobile Radio Service Station at
New York, New York
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File No. D134186



                   ORDER ON RECONSIDERATION 

   Adopted:  September 19, 2000         Released:  September 20, 2000

By the Acting Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

     I.   INTRODUCTION
1.   On March 20, 2000, Bulgari Corporation of America (Bulgari) petitioned for reconsideration
of the March 9, 2000, action of the Public Safety and Private Wireless Division, Licensing and Technical
Analysis Branch (Branch) dismissing Bulgari's application for Mobile Radio Service Authorization.  For
the reasons discussed herein, we dismiss Bulgari's petition.
     II.  BACKGROUND
3.   On October 10, 1999, Bulgari filed the above-captioned application for authorization to conduct
private land mobile radio service operations in New York, New York.  Specifically, Bulgari applied for a
conventional radio service to operate five paging receivers for the security department of Bulgari, a retail
jewelry store.  In its application, Bulgari answered "No" to item number 38, which states, "Does the
undersigned certify (by responding 'Y' to this question), that neither the applicant nor any other party to the
application is subject to a denial of Federal benefits, that includes FCC benefits pursuant to Section 5301 of
the Anti-Drug Abuse Act of 1988, 21 U.S.C.  862, because of a conviction for possession or distribution
of a controlled substance?"  On March 9, 2000, the Branch dismissed the application, on the grounds that
Bulgari was not eligible for an FCC license.
4.     On March 20, 2000, Bulgari petitioned for reconsideration of the Branch decision.  The Petition
was addressed to the Chief of the Branch, which is located in Gettysburg, Pennsylvania.  Bulgari states that
it misunderstood the question and answered "No" to item 38 when it should have answered "Yes."   Bulgari
attached to the Petition a corrected application, which answers "Yes" to item 38.
     V.    DISCUSSION 
6.   Section 405 of the Communications Act, as amended, sets forth the requirements that a
petitioner must satisfy before we may consider the petitioner's pleadings on reconsideration.  Section 405,
as implemented by Section 1.106(f) of the Commission's Rules, requires that a petition for reconsideration
be filed within thirty days of the release date of the Commission's action.  Furthermore, Section 1.106(i)
states that a petition for reconsideration must be submitted to the Secretary, Federal Communications
Commission, Washington, D.C. 20554.
7.     The Commission maintains different offices for different purposes, and persons filing
documents with the Commission must take care to ensure that their documents are filed at the correct
location as specified in the Commission's Rules. A document is filed with the Commission upon its receipt
at the location designated by the Commission.  Accordingly, based on the plain language of the
Commission's Rules, a petition for reconsideration submitted to the FCC's Gettysburg, Pennsylvania office
is not properly filed.
8.     We conclude that Bulgari did not satisfy the filing requirement in accordance with Section
1.106 of the Commission's Rules when it submitted its Petition to the Branch in Gettysburg, Pennsylvania
instead of submitting it to the FCC's Office of the Secretary in Washington, D.C.  Because the thirty-day
window for the filing of a petition for reconsideration, as determined under Section 1.4 of the Commission's
Rules, closed on April 9, 2000, the Petition was not received by the Secretary within the thirty-day period. 
For the reason stated above, and, in the absence of a request for waiver of the requisite filing location, we
hereby dismiss the Petition.
     IX.  ORDERING CLAUSES
10.  Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 405 of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Section 1.106 of the Commission's Rules, 47
C.F.R.  1.106, the Petition for Reconsideration submitted by Bulgari on March 20, 2000, IS DISMISSED.
11.    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
                         
                         
                         
                         
                         Zenji Nakazawa
                         Acting Chief, Policy and Rules Branch
                         Public Safety and Private Wireless Division
                         Wireless Telecommunications Bureau