******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 ) ) Preferred Communication Systems, Inc.) ) Petition for Correction of October 9, 1998) Licensee List ) ) Petition for Correction of Database) ORDER Adopted: November 9, 1999 Released: November 9, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we dismiss two Petitions for Correction filed by Preferred Communication Systems, Inc. (Preferred). On November 9, 1998, Preferred filed a Petition for Correction of an October 9, 1998 list of licensees who were granted an extension of time in which to construct pursuant to the Goodman/Chan Reconsideration Order. On November 18, 1998, Preferred filed a Petition for Correction of the Commission's land mobile radio database to reinstate certain 800 MHz SMR call signs. 2. In the Goodman/Chan Order and the Goodman/Chan Reconsideration Order, the Commission implemented procedures to grant four-month construction period extensions to the approximately 4,000 so-called "Goodman/Chan" licensees who had obtained General Category SMR licenses through four application processing companies that were placed in receivership in a federal court fraud action, and who were the subject of a waiver petition filed with the Commission by the Receiver in that action. In the Goodman/Chan Reconsideration Order, the Commission also addressed requests for extension by approximately 2125 additional General Category SMR licensees who sought extension of their construction periods on grounds similar to those advanced by the Receiver. In addressing these "non-Goodman/Chan" extension requests, the Commission concluded that only those licensees who had (1) received initial construction periods of eight months and (2) filed timely extension requests prior to the expiration of their eight- month construction periods should receive the same four-month extension granted to the Goodman/Chan licensees. On October 9, 1998, the Commercial Wireless Division granted a Freedom of Information Act request to release a list of the non-Goodman/Chan 800 MHz General Category licensees who met these requirements and were granted an extension of time in which to construct pursuant to the Goodman/Chan Reconsideration Order. 3. As stated above, the Goodman/Chan Reconsideration Order limited relief to those licensees who filed timely written extension requests. Preferred does not claim that any of the licensees identified in its Petitions were improperly excluded from the October 9 List because they in fact filed timely requests. Therefore, no basis exists to reconsider the exclusion of these licensees from the list. To the extent that the Petitions assert claims that relief should be extended to licensees who were not afforded relief by the Goodman/Chan Reconsideration Order because they did not file timely requests, or did not file any request, the Petitions merely reassert arguments that Preferred has previously made in its petition for reconsideration of that order. The Commission has addressed these arguments in its dismissal of Preferred's reconsideration petition, and they provide no basis for additional relief here. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Petition for Correction of an October 9, 1998 list of licensees filed on November 9, 1998, and a Petition for Correction of the Commission's land mobile radio database filed on November 18, 1998, ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau