Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) ) AMERICAN MEDICAL RESPONSE ) File No. D111260 ) ) for Reinstatement and Renewal of ) Authorization to operate under Call Sign ) WPAP622 in Portland, Oregon in ) the 800 MHz band ) ORDER ON RECONSIDERATION Adopted: September 22, 1999 Released: September 23, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Order on Reconsideration, we consider the request for reconsideration of American Medical Response ("AMR") for reinstatement and renewal of authorizations for channels associated with operations under Call Sign WPAP662. For the reasons discussed below, we deny AMR's petition for reconsideration. II. BACKGROUND 2. On September 26, 1992, Buck Medical Service, Inc. ("Buck Medical") received an authorization for land mobile radio operations under Call Sign WPAP662 on 853.01250 MHz General Category channels. On July 14, 1997, AMR acquired the license authorization for the channels associated with Call Sign WPAP662 via assignment from Buck Medical Service, Inc. The license authorizing operation on these two 800 MHz General Category channels indicated an expiration date of September 26, 1997. Because AMR failed to renew its license, the license expired on September 26, 1997 and subsequently was removed from the Commission's licensing database on December 10, 1997. 3. On June 22, 1998, AMR submitted an application for reinstatement and renewal of station authorization. On August 27, 1998, this application for reinstatement was returned to AMR because the application did not provide the necessary frequency coordination and antenna information. On September 8, 1998, AMR resubmitted its appication for reinstatement and renewal. On October 9, 1998, the Licensing and Technical Analysis Branch ("Branch") of the Public Safety and Private Wireless Division ("Division") dismissed AMR's application. On November 9, 1998, AMR filed its petition for reconsideration of the Branch decision. III. DISCUSSION 4. AMR raises several issues for our consideration. AMR objects to the expiration date of its license, the renewal notification procedure, and the dismissal of its reinstatement application. A. License Term 5. In its petition for reconsideration, AMR argues that its license authorization was improperly scheduled to expire on September 26, 1997. As a general matter, station licenses in the private land mobile radio licenses are issued for a term of five years. The original license for Station WPAP662 was issued to Buck Medical on September 26, 1992. AMR acquired the station authorized under Call Sign WPAP662 from Buck Medical via an assignment application approved by the Commission on July 14, 1997. As a station authorized for private land mobile radio services, the license term for WPAP662 was a five-year term. 6. The Commission's Rules distinguish the types of authorizations that would result from an assignment application, and the specific authorization received depends upon the type of service. Former Section 1.924(a)(1) of the Commission's Rules provides that the new owner must apply for assignment of the existing authorization in accordance with the rules under which the station is authorized (emphasis added). Conversely, former Section 1.924(a)(2) of the Commission's Rules provides that the new owner of an acquired amateur, maritime, aviation or personal station must apply for a new license (emphasis added). In this instance, a private land mobile radio operation may be assigned, and the new owner must apply for the existing authorizations. In the case of Call Sign WPAP662, the existing authorization had an expiration date of September 26, 1997. Consequently, AMR's receipt of the September 26, 1997 expiration date for Call Sign WPAP662 was proper and in accordance with the Commission's Rules. B. Renewal Notice 7. Further, AMR alleges that the Branch improperly sent a renewal notice to Buck Medical, a "former licensee." AMR argues that the Branch should have sent the renewal notice to AMR because the assignment application was on file with the Commission. As a courtesy, the Branch attempts to notify license holders of the upcoming expiration date of their license authorizations by sending the licensee a renewal notification letter. Approximately ninety days prior to license expiration, the Branch sent Buck Medical, the licensee of record, a renewal notice for the authorization associated with Call Sign WPAP662. AMR did not become the licensee of record until the assignment application was granted by the Branch on July 14, 1997. As a result, Buck Medical, and not AMR, was the proper entity to receive the renewal notice when it was transmitted on or about June 26, 1997. 8. Further, regardless of which entity was the actual recipient of the renewal notice at issue, the failure to receive a renewal notice does not absolve a licensee of its responsibility to renew its license in a timely fashion and in compliance with the Commission's Rules. Section 90.127 of the Commission's Rules provides that ". . . applications for renewal should be filed no more than ninety days nor less than thirty days prior to the end of the license term . . ." However, almost ten months beyond the time frame provided by the Commission's Rules, AMR requested renewal of its license on June 22, 1998. Accordingly, we find that AMR failed to renew its license in accordance with the Commission's Rules for license renewal. C. Opportunity to Renew 9. AMR argues that it ". . . never had a legitimate opportunity to renew its license . . ." We disagree. When the assignment of Call Sign WPAP662 was granted, a license was issued to AMR, and on its face, the license clearly indicated that the expiration date for the authorization was September 26, 1997. As stated previously herein, it is incumbent upon the licensee to renew its license in a timely manner. Here, AMR received a grant of assignment on July 14, 1997 and had until August 26, 1997 to file an application to renew its license in compliance with Section 90.127(b) of the Commission's Rules. In addition, former Section 90.149 of the Commission's Rules provides that licensees have an additional thirty days after the expiration of the license term to apply for reinstatement of its expired license. So, not only did AMR fail to renew timely, it failed to take advantage of the opportunity to file a reinstatement application to have its license reinstated. Thus, we conclude that AMR had ample opportunity to renew or request reinstatement of its license within the guidelines established by Commission's Rules. D. Reinstatement of License 10. As previously stated, licensees have an additional thirty days after the expiration of the license term to apply for reinstatement of its expired licenses. This section continues by stating that the license will automatically cancel if an application for reinstatement is not received within thirty days following expiration of the license term. On June 22, 1998, AMR submitted its letter requesting accommodation for its failure to file a timely renewal application. Clearly, this letter comes well after the end of the reinstatement period. As a result, the license cancelled automatically on September 26, 1997 and could not be reinstated at the later date of June 22, 1998 as requested by AMR. IV. CONCLUSION 11. We affirm the Branch's decision to deny the application to reinstate and renew Call Sign WPAP662. Accordingly, we deny AMR's request for reconsideration. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405 and Sections 1.106, 1.931, 2.105 and 90.7 of the Commission's Rules, 47 C.F.R.  1.106, 1.931, 2.105, 90.7 the request for reconsideration filed by American Medical Response on November 9, 1998 to reinstate and renew license authorization IS DENIED. 13. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau