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

In re                           )
                                )
JPJ Electronic Communications, Inc.)         File No. S003925
                                )
Application for Conventional SMR Operation)
in Deerfield Township, NY       )       
Call Sign WPHC610               )
                                 

                                 
                    ORDER ON RECONSIDERATION


   Adopted:  November 30, 1999          Released:  November 30, 1999

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

     1.   In this Order on Reconsideration, we deny the Petition for Reconsideration (Petition) filed
by JPJ Electronics Communications, Inc. (JPJ) on October 22, 1998.  JPJ requests reconsideration of the
decision by the Licensing and Technical Analysis Branch (Branch) of the Commercial Wireless Division to
deny the assignment of station license WPHC610 from Phillip Roston to JPJ.  For the reasons discussed
below, we deny the Petition.

     2.   The license at issue was originally granted to Phillip Roston on May 17, 1995.  On June
12, 1998, an application to assign the license from Mr. Roston to JPJ was filed (Application).  On July 29,
1998, while the Application was pending, the Branch sent JPJ an Application Return Notice for the Private
Land Mobile Radio Services, requesting additional construction information.  On September 16, 1998, JPJ
resubmitted the Application with the requested information.  On September 23, 1998, the Branch
dismissed the Application for failure to comply with the filing deadline under the 800 MHz SMR Second
Report and Order, which temporarily waived section 90.609(b) of the Commission's rules and permitted
the assignment or transfer of unconstructed licenses for a period ending six months after the conclusion of
the 800 MHz upper band auction, i.e., until June 8, 1998.  JPJ argues that the Branch should not have
dismissed its Application for failure to meet the deadline for transferring unconstructed licenses, because
the license was in fact fully constructed and made operational on May 7, 1998, prior to the filing of the
Application.

     3.   After reviewing the record in this proceeding, we find that JPJ was not eligible for the
temporary waiver of section 90.609(b) of the Commission's rules granted pursuant to the 800 MHz SMR
Second Report and Order.  The Commission's rules in place at the time the license was issued to Phillip
Roston required the licensee to have commenced service within twelve months of the license grant. 
Therefore, the construction deadline for this facility was May 17, 1996, and because the facility was not
constructed prior to that time, the license cancelled automatically on May 17, 1996.  Accordingly, when
the Application was filed on June 12, 1998, Mr. Roston no longer possessed a valid license to assign to
JPJ, and whether the license was constructed and operational prior to the filing of the assignment
Application is therefore irrelevant.  The Petition, therefore, does not persuade us to reconsider the Branch's
dismissal of the Application.

     4.  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 90.167(a) of the Commission's
rules, 47 C.F.R.  1.106 and 90.167(a), the Petition for Reconsideration filed by JPJ Electronics
Communications, Inc. on October 22, 1998 IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION



                              Paul D'Ari
                              Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau