********************************************************    
                         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                )
                                )
MARTHA ANN CALLAHAN             )  File No. 24590-CD-P/L-94
                                )
Request for Extension of Time to Construct a)     
facility in the 454 MHz Paging and)
Radiotelephone Service at Daytona Beach, Florida)
                                 

                             ORDER


   Adopted:  October 20, 1999           Released:  October 20, 1999

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

     1.   This Order grants a petition for reconsideration (Petition), filed by Martha Ann Callahan
(Callahan) on August 29, 1995, of an action taken by the Commercial Wireless Division's Narrowband
Branch (Branch).  As discussed below, we reinstate Callahan's construction permit effective as of the
adoption date of this Order, and grant Callahan an extension of 322 days until September 7, 2000, to meet
the one-year construction deadline.

     2.   On January 1, 1994, Callahan filed an application for authorization to construct and
operate new transmitting facilities in the paging and radiotelephone service on frequency 454.425 MHz at
Daytona Beach, Florida.  Callahan's application was accepted for filing on April 28, 1994.  According to
the Commission's database, a construction permit was granted on August 1, 1994.  The grant of the
construction permit, however, was not placed on Public Notice.  The Commission issued Callahan a
construction permit on June 20, 1995.   

     3.   The construction period for stations in the paging service is one year, and failure to
commence service by the end of that year terminates the construction permit without further action by the
Commission.  Callahan's construction permit indicated that the construction period was to expire on
August 1, 1995.  On June 29, 1995, Callahan filed a request for an extension of the one-year construction
requirement (extension request).  On August 2, 1995, the Licensing and Technical Analysis Branch
dismissed Callahan's request as defective because Callahan did not file the extension request on a standard
FCC form.  In addition, Callahan's authorization for the Daytona Beach, Florida facility was terminated as
of August 1, 1995, for failure to satisfy the construction requirement.  Callahan filed the instant Petition on
August 29, 1995, which included an extension request properly submitted, at that time, on an FCC Form
600.

     4.   Pursuant to section 1.946(e)(4) of the Commission's rules, we may grant an extension of
the construction requirement if the petitioner demonstrates that failure to begin providing service to
subscribers is based on causes beyond its control.   In this instance, we find that Callahan has met this
requirement.  We agree with Callahan that the Commission did not provide timely notice of the grant of a
construction permit.  Although the construction permit indicated that the grant of Callahan's construction
permit was August 1, 1994, we inadvertently failed to publish the grant by Public Notice or otherwise to
contact Callahan until we issued the construction permit.  Because we did not publish Callahan's grant by
Public Notice, we conclude that Callahan's authorization should not have been terminated on August 1,
1995.  In addition, because Callahan did not receive notification of the grant of the captioned application
until June 20, 1995, we find that Callahan's extension request filed with her Petition on August 29, 1995, is
a timely filed extension request.  Accordingly, we grant Callahan an additional 322 days as of the adoption
date of this order, until September 7, 2000, to meet the one-year construction requirement. 

     5.   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 and 1.106 of
the Commission's rules, 47 C.F.R  0.331, 1.106, the petition for reconsideration filed by Martha Ann
Callahan on August 29, 1995, IS GRANTED.

     6.   IT IS FURTHER ORDERED that, pursuant authority delegated by section 4(i) of the
Communications Act, as amended, 47 U.S.C.  154(i), and by sections 1.946 and 22.511 of the
Commission's rules, 47 C.F.R.  1.946, 22.511, Callahan's deadline for satisfying the one-year
construction requirement is extended 322 days until September 7, 2000.


                              FEDERAL COMMUNICATIONS COMMISSION


     
                              Cynthia S. Thomas
                              Deputy Chief, Policy and Rules Branch 
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau