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

In the Matter of                )
                                )
PETER J. MADSEN d/ba                )
PANTHER VALLEY COMMUNICATIONS   )
                                )
Request for Extension of Time to Construct a)     File Nos.  34149-CD-P/ML-96
facility in the 454 MHz Paging and)             34150-CD-P/ML-96
Radiotelephone Service at Various locations)         34151-CD-P/ML-96
within Pennsylvania                 )           34152-CD-P/ML-96
                                )          34153-CD-P/ML-96
                                )          34154-CD-P/ML-96 

                             ORDER


   Adopted:  June 14, 1999              Released:  June 14, 1999

By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.   This Order addresses a petition for reconsideration, filed by Peter J. Madsen d/ba Panther
Valley Communications (Madsen) on May 18, 1998.  Madsen seeks reconsideration of a decision by the
Licensing and Technical Analysis Branch of the Commercial Wireless Division, which terminates the above-
captioned authorization and denies Madsen's request for waiver of Section 22.511 of the Commission's rules. 
For the reasons set forth below, we deny Madsen's petition for reconsideration. 

     2.   On August 24, 1996, Madsen filed applications for authorization to construct and operate new
transmitting facilities in the paging and radiotelephone service on frequencies 152.690 MHz and 454.425 MHz
at Lake Harmony, Pen Argyl, and Landsford, Pennsylvania.  Madsen's applications were accepted for filing
on September 18, 1996, and granted on December 31, 1996.  These grants were placed on Public Notice on
January 8, 1997. 

     3.   Section 22.511 of the Commission's rules states that the construction deadline for stations in
the paging service is one year from the date of authorization, and failure to commence service by the end of one
year terminates the construction permit without further action by the Commission.  The construction period
for Madsen's authorizations expired on December 31, 1997.  On February 11, 1998, Madsen filed notification
of completion of construction of the facilities associated with the above-captioned authorizations.  At this time,
Madsen also requested a waiver of the one-year construction deadline.  On April 16, 1998, the Licensing and
Technical Analysis Branch denied Madsen's waiver request, returned his notifications as defective, and found
that the above-captioned authorizations terminated on December 31, 1997.   The Licensing and Technical
Analysis Branch determined that Public Notice was sufficient to provide Madsen with notice of the grant of
his applications.  Additionally, the Licensing and Technical Analysis Branch concluded that Madsen failed
to meet the requirements for a waiver of the Commission's rules.  
   
     4.   In his petition for reconsideration, Madsen's primary contention for reinstatement of his
authorizations is that he was unaware of the grant of the construction permits, because he did not have access
to the Commission's Public Notices.  Madsen also contends that reinstatement of his authorization  would
serve the public interest, because the Commission's policy is to promote small businesses, and that
reinstatement would permit Madsen to expand the size and coverage of his system. 

     5.   Madsen did not raise these issues in his initial waiver request in this proceeding, nor has he
demonstrated why we should consider these new facts at this stage of the proceeding.  Section 1.106 of the rules
states that a petition for reconsideration which relies on facts not previously presented to the Commission or
the staff may be granted only in limited circumstances.  Madsen has not shown that it falls within any of these
limited circumstances, and we believe that, with the exercise of ordinary diligence, Madsen had full opportunity
to present these issues to the staff prior to the issuance of the Licensing and Technical Analysis Branch's
decision in this proceeding.  Furthermore, even if these new arguments were properly before us, we find that
they fail to satisfy the requirements for a waiver of the Commission's rules and, therefore, fail to justify
reinstatement of Madsen's authorizations.

     6.   Accordingly, IT IS ORDERED, that, pursuant to Sections 4(i) and 405 of the
Communications Act, as amended, 47 U.S.C.  154(i), 405, and Sections 0.331 and 1.106 




of the Commission's rules, 47 C.F.R.  0.331, 1.106, the Petition for Reconsideration filed by Peter J. Madsen
on May 18, 1998, IS DENIED.



                              FEDERAL COMMUNICATIONS COMMISSION

           

                              Paul D'Ari
                              Chief, Policy and Rules Branch,
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau