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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Digital Radio, L.P.             )  File No. CWD 98-93
                                )
Request for Waiver and Extension of )
Construction Deadline Established by )
Extended Implementation Authority)
                                )
Request for Waiver of Section 90.609(b) of)
the Commission's Rules          )
               
                                 

                             ORDER


   Adopted:  January 11, 1999           Released:  January 11, 1999

 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:


     
1.  Digital Radio, L.P. (DRLP) is the licensee of a wide-area Specialized Mobile Radio (SMR) system
consisting of forty-four licensed stations in the 800 MHz band.  Sixteen of the forty-four licensed stations
utilize lower eighty 800 MHz frequencies.  On September 9, 1997, DRLP filed a request for waiver of the
November 20, 1997 construction deadline for its SMR licenses as established in the modification of its
extended implementation (EI) authority.  On June 25, 1998, DRLP filed a supplemental request for waiver
of the Commission's prohibition of the transfer or assignment of an SMR license prior to the completion of
construction of the facility in section 90.609(b) of the Commission's rules.  

     1.  On December 15, 1998, DRLP filed a letter requesting withdrawal of its September 1997 Waiver
Request and requesting that we cancel its sixteen licenses in the lower 80 channels in the 800 MHz band.  We
grant DRLP's request to withdraw its September 1997 Waiver Request.  Because we are not waiving the
November 20, 1997 construction deadline, and because DRLP did not certify that it constructed its stations
by that deadline, DRLP's licenses have terminated automatically in accordance with the Extended
Implementation Order and section 90.629(e) of the Commission's rules.  We therefore cancel those licenses
and will eliminate them promptly from the Commission's databases.  In addition, we find that, in light of these
events, DRLP's June 1998 Supplemental Waiver Request is moot.

     2.  Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as
amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Waiver
Request filed by Digital Radio, L.P. on September 9, 1997 and the Supplemental Request for Waiver filed on
June 25, 1998 ARE DISMISSED.
     
     

     
                         FEDERAL COMMUNICATIONS COMMISSION
                              


                         Steven E. Weingarten
                         Chief, Commercial Wireless Division
                         Wireless Telecommunications Bureau