******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) PAGING USA, INC. ) ) Request for Waiver of Section 90.149(a) and ) Reinstatement, Industrial/Business Pool - Paging ) System Station WPEB521 at Chicago, Illinois ) and Columbus, Ohio ) ORDER Adopted: October 1, 1999 Released: October 1, 1999 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On July 9, 1999, Paging USA, Inc. (Paging USA) filed a request for waiver of section 90.149(a) of the Commission's rules, which allows licensees an additional thirty (30) days after the expiration of a license term to apply for reinstatement of expired licenses. Because its captioned station license expired on January 25, 1999, Paging USA is seeking reinstatement several months after expiration of the license. For the reasons discussed below, we grant the waiver request and reinstate the captioned station's authorization. 2. Section 90.149(b) of the Commission's rules provides that if no application for reinstatement has been timely filed, "the authorization shall be deemed to have been automatically cancelled on the date specified on the authorization." The Commission, however, has previously stated that, "applicants who file renewal applications more than 30 days after license expiration may also request renewal nunc pro tunc, but such requests will not be routinely granted, [and] will be subject to stricter review." Our records reveal that Paging USA has been diligent in its past renewal filings and acted promptly in this case to resolve the oversight. In addition, we have determined that it is in the public interest to grant its waiver request. Accordingly, we grant the waiver request, change the status of the license from expired to active, and reinstate the license. 3. Notwithstanding the grant of this waiver request, the Wireless Telecommunications Bureau may, at its discretion, initiate an "enforcement action, including more significant fines or forfeitures" based on Paging USA's untimely filing and unauthorized operation between the expiration of the license and the late renewal filing. 4. Accordingly, IT IS ORDERED that pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), 405, and by sections 0.331, 1.106, and 22.119 of the Commission's rules, 47 C.F.R.  0.331, 1.106, and 22.119 the request for waiver, filed by Paging USA, Inc. IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Cynthia S. Thomas Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau