Federal Communications Commission DA 15-726
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
COPPER MOUNTAIN SOLAR 3, LLC
Petition for Reconsideration of Pending 
Termination of Licenses for Stations WQSA792
and WQSA794
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File Nos. 0005834020, 0005834019
ORDER ON RECONSIDERATION
Adopted:  June 22, 2015 Released:  June 23, 2015
By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. In this Order on Reconsideration, we dismiss as untimely a petition for reconsideration of 
our placement into termination pending status
1
of paths for Microwave Industrial/Business Pool stations 
in Nevada.  
II. BACKGROUND
2. On August 23, 2013, the Wireless Telecommunications Bureau (Bureau) issued Copper 
Mountain Solar 3, LLC (Copper Mountain) licenses for Microwave Industrial/Business Pool Stations
WQSA792 and WQSA794 (the Licenses).
2
  The deadline for constructing the Licenses was February 23, 
2015.
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  On November 25, 2014, the Bureau sent Copper Mountain construction/coverage reminder letters
for both Licenses.
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  On April 1, 2015, license auto-termination letters were sent
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for both Licenses and the 
Licenses entered termination pending status.  Accordingly, on the same days, the Bureau provided public 
                                                          
1
When a licensee fails to file a notification that it has completed construction by an applicable buildout deadline, the 
license, location, or frequency is placed in “termination pending” status.  For a license, location, or frequency in that 
status, the Bureau presumes that the licensee did not meet buildout requirement.  If the licensee does not file a 
petition for reconsideration within 30 days after public notice of the termination pending status demonstrating that it 
met that buildout requirement, the status of the license, location, or frequency is changed to “terminated” as of the 
buildout deadline.  See Wireless Telecommunications Bureau Announces Deployment Of “Auto-Term,” the 
Automated Feature in its Universal Licensing System That Identifies Unconstructed Stations Resulting in Automatic 
Termination of Licenses, Public Notice, 21 FCC Rcd 163 (WTB 2006).
2
See File Nos. 0005834020, 0005834019 (filed June 25, 2013, granted Aug. 23, 2013).
3
See File Nos. 0005834020, 0005834019 (granted Aug. 23, 2013).  
4
Construct/Coverage Reminders, Ref. No. 5904175 (Nov. 25, 2014).
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Auto Termination letters, Ref. Nos. 5973516, 5973517 (Apr. 1, 2015).
Federal Communications Commission DA 15-726
notice of the pending license terminations.
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  On May 11, 2015, Copper Mountain filed petitions for 
reconsideration of the placement of the Licenses into termination pending status.
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III. DISCUSSION
3. Section 405(a) of the Communications Act, as implemented by Section 1.106(f) of the 
Commission’s Rules, requires that a petition for reconsideration be filed within thirty days from the date 
of public notice of Commission action.
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  Computation of the thirty-day period is determined in 
accordance with Section 1.4 of the Commission’s Rules.
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  Since public notice of the impending license 
termination was given on April 1, 2015, pursuant to Section 1.4(b)(4) of the Commission’s Rules, the first 
day to be counted in computing the thirty-day period was April 2, 2015.  The last day for filing a petition 
for reconsideration was May 1, 2015.
4. We received Copper Mountain’s Petitions on May 11, 2015.  Therefore, we find that the 
Petitions were filed late.  The United States Court of Appeals for the District of Columbia Circuit has 
consistently held that the Commission is without authority to extend or waive the statutory thirty-day 
filing period for filing petitions for reconsideration specified in Section 405(a) of the Communications 
Act,
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except where “extraordinary circumstances indicate that justice would thus be served.”
11
  We note 
the filing requirement of Section 405(a) of the Act applies even if the petition for reconsideration is filed 
only one day late.
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  We do not believe that Copper Mountain has shown such extraordinary 
circumstances to be present here.  Indeed, Copper Mountain has failed to acknowledge that it did not file 
in a timely manner.   Accordingly, we dismiss the Petitions as late-filed.
5. If Copper Mountain wishes to continue operating the terminated facilities, it must file a 
completed Form 601, in accordance with all applicable Commission rules, to reauthorize the facilities.   In 
the interim, Copper Mountain should file a request for Special Temporary Authority, in accordance with 
Section 1.931 of the Commission’s rules, if it wishes to continue operating the facilities.
                                                          
6
Wireless Telecommunications Bureau Site Based Licenses Termination Pending, Report No. 10392, Public Notice
(Apr. 1, 2015) at 3.
7
Petitions for Reconsideration, Copper Mountain Solar 3, LLC (filed May 11, 2015) (Petitions).
8
47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).
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47 C.F.R. § 1.4.
10
See Reuters Ltd. v. FCC, 781 F.2d 946, 951-52 (D.C. Cir. 1986); Gardner v. FCC, 530 F.2d 1086 (D.C. Cir. 
1976). 
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Gardner v. FCC, 530 F.2d at 1091.
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See, e.g., Panola Broadcasting Co., Memorandum Opinion and Order, 68 FCC 2d 533 (1978); Metromedia, Inc., 
Memorandum Opinion and Order, 56 FCC 2d 909 (1975).
Federal Communications Commission DA 15-726
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that pursuant to Sections 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 petitions for reconsideration filed by Copper Mountain Solar 
3, LLC on May 11, 2015 ARE DISMISSED.
7. 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
John J. Schauble
Deputy Chief, Broadband Division
Wireless Telecommunications Bureau