Foundation For A Beautiful Life, Inc. (hereafter "FBL") applied for a new LPFM construction permit in the 2013 LPFM filing window and was granted and would eventually obtain the call letters KQEK-LP, Cupertino, California. Through a series of events, the construction permit was eventually cancelled and the call sign deleted, which lead to a series of filing and court appeals. FBL is suspected to be under the influence of the New Tang Dynasty (NTD) television network.
This page is a timeline and a collection of documents in this proceeding. This is interesting reading as the arguments made suggest a "right to broadcast".
11/14/2013
Original Construction Permit application filed during LPFM filing window.
BNPL-20131114BFN (FCC Form 318)
This application was assigned to MX Group #42.
12/31/2013
FCC dismisses application due to first-adjacent channel short spacing.
FCC Decision Letter
01/06/2014
Dismissal published in Broadcast Actions.
Public Notice
02/04/2014
FBL files Petition for Reconsideration on dismissal stating that the short-spaced station had just filed their application and it was not yet on public notice and therefore FBL had no way of knowing about the application. FBL also argues that, for the window, LPFM stations were only required to protect applications filed prior to June 17, 2013.
FBL Pleading
06/02/2014
Informal Obejction filed by South Bay Public Radio disputing FBL's second adjacent channel waiver request.
Informal Objection
10/10/2014
FCC sends involuntary timeshare letter to FBL, Centers for Careers and Training and San Jose Peace and Justice Center.
FCC Letter
11/17/2014
FBL files Petiton for Reconsideration arguing that because of the dismissal of a MX group member, their application is now singleton and grantable.
FBL Pleading
04/16/2015
FCC grants the Informal Objection by South Bay Public Radio and dismisses FBL's Petition for Reconsideration as moot.
FCC Letter
05/14/2015
FBL amends Original Construction Permit application to change site location, radiation center height and update second-adjacent channel waiver showing.
BNPL-20131114BFN (FCC Form 318)
05/18/2015
FCC reinstates application.
REC CDBS Transaction Log data
05/19/2015
South Bay Public Radio files Informal Objection claiming that FBL has proposed a site for which they have no permission to build.
SBPR Pleading
05/19/2015
FCC grants construction permit application.
BNPL-20131114BFN (Authorization Document)
06/16/2015
Authorization document returned from post office as Attempted-Not Known.
Returned mail
08/11/2015
FCC denies South Bay's Informal Objection (being treated as a Petition for Reconsideration) filed on May 19 and the Petition for Reconsideration filed by South Bay on May 14, 2015.
FCC Letter
Call letters KQEK-LP assigned to the facility.
01/09/2017
Authorization document returned from post office as Attempted-Not Known.
Returned mail
05/18/2018
FBL files Form 319 to cover original construction permit.
BLL-20180518APL
05/28/2018
Petition to Deny filed by Robert Papesh arguing the applicant did not build.
Papesh pleading
06/15/2018
Informal Objection filed by Frank M. Magarelli on behalf of South Bay showing photographic evidence that FBL never constructed at the PG&E site.
Magarelli pleading
06/19/2018
FBL files motion to extend time.
FBL Pleading
06/27/2018
FBL files oppositions claiming petitioners lack standing. Admits that facility was not constructed at the authorized location but instead at a "nearby different site" (the so-called "Apollo site", which is over 5.6 km away from authorized site) and claimed that there was no evidence of intent to deceive. Instead, they argue that it was a minor mistake citing Lighthouse Christian Center and blaming the issue on a staff member how failed to give the information to the consulting engineer because she was preparing to go to Hawaii.
FBL Pleading
07/05/2018
FBL files supplement to their opposition. Requesting a de minimis extension of the 5.6 minor change minimum distance.
FBL Pleading
07/11/2018
REC Networks files Informal Objection, disputing FBL's technical proposal for the Apollo site as well as arguing that Lighthouse would not apply in this case. REC also points out station's alleged influence by NTD thus questioning real party in interest.
REC Pleading
07/18/2018
National Diversity Coalition replies to REC's objection accusing REC of racism.
NDC Pleading
07/23/2018
REC Networks files Reply to NDC, address the racism accusations and expands on the alleged involvement of NTD.
REC Pleading
07/25/2018
FBL replies to REC Networks. Questions REC's standing and further question's REC's intent in this proceeding as well as previously in MX Group #27.
FBL Pleading
08/05/2018
FBL "Comments on REC Reply to the National Diversity Coalition and the National Asian American Coalition".
FBL Pleading
03/28/2019
FCC grants in part the Informal Objections of REC Networks, Robert Papesh and Frank M. Magarelli, dismisses the license application, dismisses the modification petition as moot and deletes the station's call sign.
FCC Decision Letter
04/29/2019
FBL files Petition for Reconsideration
10/07/2019
FCC denies reconsideration.
FCC Decision Letter
11/06/2019
FBL files Application for Review. Some of the claims include: Honest mistakes happen and the FCC has excused them in the past, the case law used and rejected regarding errors on applications vs. actual construction were misapplied in this case, a transmission system was installed and operated from the authorized site prior to the expiration of the CP, the languge of the proposed station should carry weight, the disparity of the rules between LPFMs and translators "for AM full power broadcasters" is in contrvention of the LCRA.
FBL Pleading
03/12/2020
FBL files "Application for Special Temporary Authority to Resume Broadcasting" in the form of a pleading with no accompanying Special Temporary Authority (STA) form. Claims STA is necessary due to COVID-19 and to "counter Xenophobia".
FBL Pleading
03/27/2020
FBL files "Notice of Resumption of Broadcasting Due to Pandemic" claiming that it is the only broadcast station in Mandarin in Cupertino. FBL claims that Section 307(c)(3) applies that permits licensees to continue broadcasting while administration and judicial proceedings continue.
FBL Pleading
04/03/2020
FBL files supplement to 3/27/2020 notice to resume broadcasting to include a letter of support by a Cupertino City Councilman.
FBL Pleading
04/16/2020
Audio Division sends FBL a "Cease Operation Order". FBL is to cease operation immediately and to notify the Audio Division when operations have been stopped. In addition, all board members must disclose on all applications of character issues for the next 10 years because of the unauthorized operation pursuant to Section 301.
FCC Decision Letter
04/17/2020
FBL notifies Audio Division that unauthorized operation has ceased.
FBL Letter
04/29/2020
FBL files second Application for Review stating the Commision should give some weight due to COVID-19, should grant application based on the changes to the LPFM rules and that the Media Bureau should have not been "unreasonably harsh" on the prinicipals of FBL for the procedure used to file the STA application.
FBL Pleading
04/29/2020
FBL files Motion For Stay claiming that for the 22 days that the station was operated without authorization, they may have "saved lives" because no other Mandarin-language sources are available and that no other party will be harmed by the grant of the stay.
FBL Pleading
05/20/2020
Emergency Motion filed in the US Circuit Court of Appeals for the District of Columbia (DC Circuit). Motion For Stay pending review filed by petitioner FBL. Case No. 20-1159.
FBL Pleading (DC Circuit) [Attachments not included - those can be obtained in PACER.]
05/22/2020
Per Curiam Order filed directing response to emergency motion for stay, which is construed as a petition for writ of mandamus. Response to Petition due by noon on Tuesday, 6/2/2020.
Court Order
05/22/2020
Entry of Appearance filed by James M. Carr and co-counsel Richard K. Welch; Jacob M. Lewis on behalf of respondent, FCC.
FCC Filing
05/26/2020
Petition for Reconsideration in MB Docket 19-193
FCC Pleading
06/02/2020
Response to per curiam order filed by FCC.
FCC Pleading
06/08/2020
Reply filed by FBL to FCC Reponse on 6/2/2020.
FBL Pleading
06/11/2020
Entry of Appearance filed by Ashley Boizelle on behalf of FCC
FCC Filing
06/19/2020
Letter pursuant to FRAP 28j advising of additional authorities filed by FBL.
FBL Letter
06/26/2020
Per curiam Order filed denying petition for writ of mandamus. Pursuant to D.C. Cir. Rule 36, this disposition will not be published. Before Judges: Henderson, Griffith and Katsas.
Court Order
07/28/2020
Opposition to FBL Petition for Reconsideration filed by REC
REC Pleading
08/12/2020
FBL reply to REC's Opposition
FBL Pleading
08/14/2020
REC Networks reply to FBL
REC Pleading
06/16/2021
FCC dismisses and denies FBL's Petition for Reconsideration in MB Docket 19-193
Order on Reconsideration
10/25/2021
FCC denies FBL's Applications for Review and upholds the dismissal of their construction permit
Memorandum Opinion and Order
12/02/2021
FBL seeks relief before the US Court of Appeals for the Ninth Circuit regarding the decisions made by the FCC in the Report and Order and subsequent Order on Reconsideration in MB Docket 19-193. This relates to the rule change that extended the distance for minor moves from 5.6 to 11.2 km and the Commission's policy that rule changes would also apply retroactively to already pending applications for which no staff action has previously taken place. At the time of the rule change, staff action had already taken place on the FBL LPFM applications. Case number 21-71266 in the 9th Circuit.
FBL Opening Brief
FBL Excerpts of Record (Copies of various documents including the Report and Order, FBL's reconsideration pleadings and REC's responsive oppositions)
02/02/2022
Brief for Respondents - 9th Circuit
FCC Brief
02/03/2022
FBL replies to FCC Brief - 9th Circuit
02/17/2022
This case is being considered for an upcoming oral argument calendar in Portland.
02/18/2022
FBL and FCC file joint motion to dismiss case voluntarily pursuant to FRAP 42(b).
02/22/2022
Filed Order (Deputy Clerk: GS) The parties' stipulated motion for voluntary dismissal is granted. This petition for review is dismissed. FRAP 42(b). Costs and fees shall be allocated pursuant to the parties' stipulation. This order served on the agency acts as the mandate of this court.
What is a Writ of Mandamus?
