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FCC Denies EMR Consulting’s Petition for Reconsideration in Indiana (8/16/12)
The FCC denied a petition for reconsideration from EMR Consulting because of EMR’s failure to make a prima facie case of misrepresentation and lack of candor against Terre Haute, Ind. EMR sought reconsideration of an FCC order denying EMR’s motion to set aside the grant of extended construction period for 800 MHz public-safety station WPYE521, licensed to the city of Terre Haute.
EMR represents itself as “a concerned citizen who is entitled to the proper operation of that citizen’s local government without the employment of misrepresentation or subterfuge.” EMR contends that the materials submitted with a supplement to its initial motion show that the inappropriate execution of applications occurred five times, and the FCC should investigate to determine whether Terre Haute lacked candor or engaged in misrepresentation.
“We have indulged EMR’s motion, its supplement and its petition for reconsideration despite the fact, as the order states, that EMR’s ‘standing is at best problematic,’ ” said the FCC order. “We have done so to ‘put to rest the serious allegations that EMR has raised against the city.’ Herein, we have shown that those allegations have no basis in fact and are premised on a misreading of the commission’s rules. Therefore, we are denying the petition.”
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