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

In the Matter of                )
                                )
NEVADA POWER COMPANY            )       FCC File No. 738794
                                )
Petition for Reconsideration of Grant of)
Secondary Status and Reinstatement of)
Primary Status for Station KCF78, )
Glendale, Nevada                )
                                 

                    ORDER ON RECONSIDERATION


   Adopted:  October 21, 1999           Released:  October 25, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

                        I.  INTRODUCTION

     1.  On April 20, 1998, Nevada Power Company (NPC) petitioned for reconsideration of the
Licensing and Technical Analysis Branch (Branch) decision granting the above-captioned 2 GHz fixed
microwave service (FMS) license with a secondary status condition.  For the reasons discussed herein,
we affirm the Branch's decision and deny NPC's petition.

                        II.  BACKGROUND

     2.  The Commission has reallocated portions of the 2 GHz band from FMS to emerging
technology (ET) services, including the personal communications services.  To this end, the
Commission has adopted certain transition rules.  First, rather than immediately clearing the 2 GHz band
of the incumbent FMS users, the Commission permits the incumbents to continue to occupy the band on
a co-primary basis with the ET licensees for a significant length of time, by the end of which the
incumbents are to relocate to another portion of the spectrum.  ET licensees have the option, however, of
requiring the FMS incumbents to relocate sooner if they pay the additional costs caused by the earlier
relocation.  Second, the Commission is authorizing new FMS stations and most modifications of FMS
stations only on a secondary basis to ET systems.  One practical effect of these rules is that incumbent
FMS licensees that are authorized on a primary basis will have the costs of relocating to other bands paid
for by the new ET licensees if the ET licensees force them to relocate.  On the other hand, ET licensees
are under no obligation to pay to relocate 2 GHz links that are authorized on a secondary basis.    

     3.  On September 3, 1997, the license for Station KCF78 expired.  On November 4, 1997, NPC
requested its reinstatement.  In its reinstatement request, NPC cites two reasons for the license's
expiration: (1) NPC had inadvertently overlooked the license's expiration date; and (2) NPC did not
receive the FCC Form 402R for this license because the Commission sent the form to a mining company
on the east coast, which was erroneously listed in the Commission's records as the licensee for Station
KCF78.    On April 8, 1998, the Branch granted a license for Station KCF78 with a secondary status
condition.  On April 20, 1998, NPC sought reconsideration of this action and requested that the license
for this station be re-issued with primary status.

                        III.  DISCUSSION

     4.  Under the Commission's Part 101 rules, licenses for stations in the 2 GHz band are
automatically forfeited without further notice upon their expiration unless an application for renewal has
been filed with the Commission.  During the period in which the license for Station KCF78 expired and
NPC filed its reinstatement application, requests for reinstatement were to be filed within thirty days of
the license's expiration.  NPC's request, which was submitted approximately two months after the
subject license expired, was untimely under those rules; thus, the license was automatically forfeited. 
Therefore, the Branch treated NPC's November 4, 1997, request for reinstatement as an application for a
new license to operate a 2 GHz FMS station.  Pursuant to Section 101.81 of the Commission's Rules, all
new stations in the 2 GHz band are authorized on a secondary basis to ET systems.  Thus, on April 8,
1998, the Branch granted the new license for Station KCF78 with a secondary status condition. 

     5.  One of NPC's explanations for allowing the Station KCF78 license to expire is that it did not
receive a renewal form from the Commission which would have reminded it that its license was due to
be renewed.  While the Commission ordinarily sent Part 101 licensees renewal applications, FCC Form
402R, if a licensee did not receive the renewal application at least 60 days prior to the license's expiration
date, it had been suggested to licensees that they use FCC Form 402 to renew the license by specifying
"renewal only, no 402R available."  In this connection, we note that it is the responsibility of each
licensee to apply to renew its license prior to the license's expiration date.  Thus, we find that NPC's
failure to receive a renewal form from the Commission did not excuse it from timely renewing its
license, and does not render improper the Branch's decision to treat NPC's untimely reinstatement
request as an application for a new license.  As a result, we conclude that under the circumstances
presented herein, the Branch appropriately treated the subject application as a new application and
properly accorded Station KCF78 secondary status.

                     IV.  ORDERING CLAUSES

     6.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Sections 1.106 and 101.81 of
the Commission's Rules, 47 C.F.R.  1.106, 101.81, the Petition for Reconsideration filed by Nevada
Power Company on April 20, 1998, IS DENIED.

     7.  This action is taken under delegated authority pursuant to Sections 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