The FCC recounts its struggles to understand the petition before denying it.
You have to admire somebody who just won’t quit. No matter what.
Like someone who applied for FCC licenses back in 2000, was turned down, and has devoted unceasing efforts ever since to alter that outcome. After the FCC had ruled against him eleven separate times on those same licenses, it forbade him from asking again without first getting its permission. The applicant sought reconsideration of that do-not-file order, lost at the Wireless Telecommunications Bureau, took the same request up to the full FCC, and lost again. See a summary here.
The individual filed to challenge that last FCC decision, and has now received ruling #14 against him. Calling his last filing “not a model of clarity,” the FCC had trouble deciding whether the petitioner had further challenged the do-not-file order – possibly permissible under the do-not-file order – or instead was trying, again, to get the underlying licensing issues reconsidered – in which case the do-not-file order barred the filing. The FCC considerately construed the request in the light most favorable to the petitioner – and then denied it anyway on multiple grounds, including a lack of any timely new facts or arguments.
No doubt the FCC staff hopes the matter will now go away. It did its best in the most recent order, advising the applicant in no uncertain terms that “he should not expect further administrative review of the sanction,” and saying not once, but twice, that the “proceeding is now terminated.”
That may be wishful thinking. The petitioner surely must realize that any further efforts would have only a scant chance of success. But if past is prologue, that may not make much of a difference. The previous 13 situations presumably looked much like this one. We shall see if the applicant sees things the same way.
