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

In the Matter of:               )
                                )
BEN M. SARFEHNIA                )
                                )
Licensee of SMR-Conventional Station)   
WNPW340 at La Crescenta, California)
                                )
DAVE'S TRANSPORTATION           )  File No. 525955
SERVICES, INC.                  )
                                )
Applications for a New          )
Business Radio Service-Conventional Station)

                  MEMORANDUM OPINION AND ORDER


   Adopted:  October 5, 1999            Released:  October 5, 1999

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

                         I.  Introduction

     1.  On October 19, 1998, Ben M. Sarfehnia (Sarfehnia) and Dave's Transportation Service, Inc.
(Dave's) filed a joint petition for reconsideration of a decision by the Licensing and Technical Analysis
Branch (Branch) of the Wireless Telecommunications Bureau's Commercial Wireless Division denying (1)
the request for reconsideration of the automatic cancellation of the conventional Specialized Mobile Radio
(SMR) station with call sign WNPW34O licensed to Sarfehnia and (2) the petition for reconsideration of
the Commission's action dismissing the end user application submitted by Dave's.  For the reasons
discussed below, the petition for reconsideration filed by Sarfehnia and Dave's is denied.

                         II.  Background
                                 
     2.  Sarfehnia received his license to operate station WNPW340 on July 26, 1989.  The
construction deadline for the station was therefore March 26, 1990.  By letter dated November 29, 1990,
eight months after station WNPW340 was required to be constructed, Sarfehnia was notified that station
WNPW340 cancelled automatically because no end users had been licensed to operate station WNPW340
as of September 4, 1990, and without end users, the station was not operational in accordance with section
90.633 of the Commission's rules.  On December 20, 1990, Dave's filed an appplication (FCC File No.
525955) proposing to operate on Sarfehnia's station WNPW340.  On June 28, 1994, the Commission
dismissed Dave's application as moot.

     3.  In response to petitions for reconsideration filed by Sarfehnia and Dave's, on December 20,
1990, and July 26, 1994, respectively, the Branch issued a letter order on September 17, 1998.  In its
decision, the Branch found that Sarfehnia had not demonstrated that it timely constructed and placed
station WNPW340 into operation, and therefore denied its request for reconsideration.  Specifically, the
Branch stated that Sarfehnia's license was cancelled because there were no end users licensed to operate on
its station, and that without end users, its station was not operational in accordance with section 90.633 and
the Commission's policies in existence at that time.  In addition, the Branch concluded that the application
(File No. 525955) filed by Dave's was defective because it sought to operate a mobile station in conjunction
with Sarfehnia's cancelled base station.  

                         III. Discussion

     4.  Based on the evidence before us, we find that the Sarfehnia and Dave's present no arguments in
their petition for reconsideration that would lead us to change the Branch's September 17, 1998 decision. 
We therefore affirm the Branch's decision for the reasons stated therein.

                      IV.  Ordering Clauses

     5.  ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the 
Communications Act, as amended, 47 U.S.C.  154(i) and 405, and section 1.106 of the Commission's
rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed jointly by Ben M. Sarfehnia and Dave's
Transportation Services, Inc. on October 19, 1998 in the above-captioned proceeding IS DENIED.


               Federal Communications Commission



               William  W. Kunze
               Deputy Chief,
               Commercial Wireless Division
               Wireless Telecommunications Bureau