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

In the Matter of                             )
                                   )
NATIONAL RURAL TELECOMMUNICATIONS       )         File No. CWD 99-004
COOPERATIVE                        )
                                   )
Request for Clarification or Extension of Time         )
to Construct a 220-222 MHz Nationwide             )
Land Mobile Radio System                )

                             ORDER

     Adopted:  July 16, 1999            Released:  July 16, 1999

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

     1.  We have before us a request by National Rural Telecommunications Cooperative (NRTC)
seeking clarification that the six and ten year construction benchmarks for its nationwide Phase I 220
MHz system are July 13, 2000 and July 13, 2004, respectively.  In the alternative, NRTC requested a
waiver of sections 90.725(a)(3) and 90.725(a)(4) of the Commission's rules, to allow an extension of its
six and ten year benchmarks to run concurrent with the end of its license term.  For the reasons discussed
below, we grant NRTC's request for a limited extension for its six and ten year construction benchmarks
to July 13, 2000 and July 13, 2004, respectively.

     2.  NRTC first requests that the Commission clarify that the six and ten year construction
benchmarks for its Phase I nationwide 220 MHz authorization are already such that the ten year
benchmark will terminate in the same year that the license expires.  NRTC argues that "such alignment .
. . will ensure smoother coordination of future sales and leases related to the [l]icense."  This argument,
however, ignores the clear language of section 90.725 of the Commission's rules, which states that the
licensee must construct and place into operation a minimum number of base stations within a certain
number of years of initial license grant.  When adopting the service rules for Phase I nationwide 220
MHz licenses, the Commission contemplated a build-out of seventy geographic sites over the initial ten-
year license term.  Therefore, even if the license is modified, transferred, or assigned, the construction
benchmarks continue to toll from the initial license grant.

     3.  In the alternative, NRTC requests a waiver of the six and ten year construction deadlines so
that these benchmarks will be concurrent with the end of the license term.  A request for a waiver of the
Commission's rules must "set forth the reasons in support thereof including a showing that unique
circumstances are involved and that there is no reasonable alternative within existing rules."  We find
that unique circumstances exist in this case to warrant a waiver of section 90.725 by granting NRTC a
one year extension on the six and ten year construction deadlines for its nationwide Phase I 220 MHz
authorization.  We note, among other things, that NRTC acquired the license approximately one year ago
and has adequately demonstrated that it plans to use its Phase I authorization in conjunction with Phase II
220 MHz licenses which were not available to it until a few months ago.  We also recognize that the
July 13, 2004 expiration date listed on the license when NRTC acquired it in 1998 may have made the
dates of the six and ten year benchmarks unclear.  Moreover, we believe that Commission staff would be
better be able to determine license renewal if the ten year construction benchmark runs concurrent with
the end of the license term in 2004.  Finally, similar to the grant of construction deadline extensions to
the other 220 MHz nationwide licensees, we find that it is in the public interest to give NRTC a limited
extension to construct a more permanent system which will provide service to rural areas, rather than
requiring NRTC to construct base stations in markets outside its business plan simply to maintain its
nationwide authorization.  Because of the unique circumstances in this case and because we find it in the
public interest, we grant NRTC's request that its six year construction benchmark be extended until July
13, 2000 and its ten year construction benchmark until July 13, 2004.
     
     4.  Accordingly, pursuant to sections 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, IT IS ORDERED that NRTC's
Request for Clarification or Extension of Time, filed on January 12, 1999, is GRANTED to the extent
described herein.

     
                              FEDERAL COMMUNICATIONS COMMISSION

           

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