WPC 2BJZ Courier3|jix6X@`7X@HP LaserJet4M (PCL)(Add) 1919M RM332HL4MPCAD.PRSx  @\5"7TX@26DF Z 3|jCourierTimes New RomanTimes New Roman BoldTimes New Roman ItalicHP LaserJet4M (PCL)(Add) 1919M RM332HL4MPCAD.PRSx  @\5"7TX@2L K KkKK "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^DO]uuĶOOOu=O=AuuuuuuuuuuAAgרOYͨۨOAOkuOgugugOuuAAuAuuuuOYAuuuugp/p~O=~kOOO=OOOOOOOOuAggggg͘gggggOAOAOAOAuuuuuuuuuuguruuuuggggg~ggggguuu~u~uOAOuOOOu~~uA]OOAuuuuuͨOOOYYY~bAkuuuuuuۨ~ggguOuYOu=uuN*NWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNTTkuOguuuuuAKuFKuFOOgguPPuu叱T錌TƒOguF"u錇~u匌u"i~'^DOuuOOOu=O=AuuuuuuuuuuOOuۨYuۨ騨OAOuOuggOuAOAăugYOuuug]3]yO=yOOO=OOOOOOuOAuuuuu騨gggggVAVAVAVAuuuuuuuuuuuuuggyggggguuuyuYAYYOYyyAiO]Auu稨gggYYYywO騨ygggOYOu=uuN?NWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNTT|uOuuuuuuFOuFOuFOOuuuPPuu鏱T錌TƒOuuF"u錊~u匌u"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddK,H6X@`7h@y.X80,X\  P6G;PW!@(#,h@\  P6G;hP\5hC:,-2Xh*f9 xr G;XX?xxx,x `7X"i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddzHxxHkddDpd<"dxtldxxd2 a<   #Xj\  P6G;9XP##|\  P6G;5P# FEDERAL COMMUNICATIONS COMMISSION#Xj\  P6G;9XP# Washington, D.C. 20554 T TPx` `  hh@hppIn reply refer to: x` `  hh@hpp1800B3WJS  X- CERTIFIED MAIL RETURN RECEIPT REQUESTED  Kenneth C. Rosato 303 Webster Avenue New Rochelle, NY 10801  X -x` `  hh@Re:hKLLT(FM), Vinton, Iowa x` `  hh@hApplication to Replace Expired x` `  hh@hConstruction Permit x` `  hh@hFile No. BPH950927JF x` `  hh@hConstruction Permit x` `  hh@hFile No. BPH910410MF Dear Mr. Rosato: xThis letter concerns the abovereferenced Application to Replace Expired Construction Permit for KLLT(FM), Vinton, Iowa (File No. BPH950927JF) ("Application"). As set forth in more detail below, due to your failure to respond to the Mass Media Bureau's ("Bureau") official request for information related to the Application by letter dated March 24, 1997, the Application will be dismissed. In addition, the underlying construction permit for KLLT will be cancelled and the KLLT call sign will be deleted.  X-xBackground. The construction permit for KLLT was originally issued on June 22, 1992, with a December 22, 1993 completion date. You allowed the permit to expire twice, obtaining two replacements: the first replacement (File No. BPH931230JA) was granted on June 15, 1994 and expired December 15, 1994, and the second (File No. BPH941223JC) was granted on February 22, 1995 and expired August 27, 1995. You then allowed the permit to  X-expire a third time before filing the instant Application on September 27, 1995, in violation of  X-47 C.F.R.  73.3534(a). In support of the Application, you contended that you had made progress toward construction of the Station and that events beyond your control had delayed construction. Specifically, you stated that Iowa County, Iowa, which is adjacent to Benton County (where the proposed Station tower site is located), belatedly insisted on the need for its zoning approval of the tower, thereby delaying tower construction while efforts were made to obtain such approval. In a March 13, 1996 update of the Application, you added that Iowa County had changed its mind and decided its approval was unnecessary, but that subsequent weather conditions continued to delay tower construction. xCamrory Broadcasting, Inc. ("CBI") filed an Informal Objection to the Application on  X)-July 5, 1996, alleging, among other things, that (1) Iowa County officials never contacted")0*0*0*'" either you or Benton County officials concerning the need for its approval of the proposed KLLT tower site, (2) you constructed or intended to construct the Station's main studio outside its predicted 3.16 mV/m field strength contour in violation of 47 C.F.R.  73.1125, (3) the Application misrepresented the extent of construction progress on the KLLT studio(s), and (4) your previous replacement applications contained misrepresentations in the form of false invoices for equipment for the Station. Although you filed a Request for Extension of Time in which to respond to the Informal Objection on July 16, 1996, we never received any such response from you. xAccordingly, in order to fully evaluate the arguments raised in the Application and Informal Objection, the Bureau officially requested you to provide specified information by  X -letter dated March 24, 1997. Letter to Kenneth C. Rosato, reference 1800B3WJS (Chief, Audio Services Division, March 24, 1997) (copy enclosed). The letter stated that "failure to respond to this request within 30 days of the date of this letter will result in dismissal of the Application" pursuant to 47 C.F.R.  73.3568, as well as referral of the matters raised in the  X -Informal Objection to the Bureau's Enforcement Division for further action. Id. at 1, 3.  X-Nevertheless, you also failed to respond to the Bureau's official request for information.dq* O <ԍ#X\  P6G;P# The Commission has long recognized the rebuttable presumption that "an item mailed is presumed to  yO-be received by the addressee." Mableton Broadcasting Co., Inc., 8 FCC Rcd 5261 (Rev.Bd. 1993) (quoting  yO-Denver MDS Co., 2 FCC Rcd 643 (1987). The Bureau's March 24, 1997 letter was mailed to Kenneth C. Rosato, 303 Webster Avenue, New Rochelle, NY 10801, the address provided on the Application. The instant  yO9-letter will also be sent to that address.d  Xb-xDiscussion. The Commission's rules provide that "failure to respond to an official correspondence or request for additional information, will be cause for dismissal." 47 C.F.R.  73.3568(b). You failed to timely respond to our official request for additional information  X-related to the Application, and subsequently have failed to submit any response whatsoever to the correspondence. Under similar circumstances, the Commission has upheld dismissal of  X-applications pursuant to Section 73.3568(b). See A.G.P., Inc., 11 FCC Rcd 4628 (1996) (upholding dismissal of assignment and extension applications and cancellation of permit for  X-failure to respond to requests for information regarding assignment application); Chris Kidd, 10 FCC Rcd 13634 (1995) (upholding dismissal of replacement application for failure to respond to request for appropriate information and application specifying new transmitter  X|-site); Rita A. Capobianchi, 6 FCC Rcd 4631 (1991) (upholding dismissal of applicant for construction permit for failure to respond to request for additional financial information). Accordingly, the Application will be dismissed, the underlying construction permit for KLLT will be cancelled, and the KLLT call sign will be deleted. In light of our action, we do not believe that referral of the matters raised in the Informal Objection to the Bureau's  X -Enforcement Division is warranted at this time. See Benchmark Communications Corp., 9  X-FCC Rcd 2319 (1994).!hXq* O+&<ԍ#X\  P6G;P# In its Informal Objection, CBI requests that the vacant frequency created by our action immediately be made available for exclusive application by CBI because the permit was issued over four years ago and CBI is ready, willing and able to begin construction of broadcast facilities for a new service to the Vinton area. CBI"'0*(('" proffers no authority for its request, and we believe it is contrary to Section 309 of the Communications Act of  yOX-1934, which generally mandates competitive consideration for mutually exclusive applications. See Ashbacker  yO -Radio Corp. v. FCC, 326 U.S. 327 (1945). Accordingly, we reject CBI's request. !"0*(("ԌxIn light of the foregoing, and pursuant to 47 C.F.R.  73.3568(b), the Application to Replace Expired Construction Permit for KLLT(FM), Vinton, Iowa (File No. BPH950927JF) IS DISMISSED for failure to respond to an official request for information. Furthermore, the underlying construction permit for KLLT(FM) (File No. BPH910410MF) IS CANCELLED and the call sign KLLT(FM) IS DELETED. x` `  hh@hSincerely, x` `  hh@hLinda Blair, Chief x` `  hh@hAudio Services Division x` `  hh@hMass Media Bureau "H  Attachment "H   X-cc:xHoward J. Braun, Esq. xDiane L. Mooney, Esq.