******************************************************** 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 ) ) Harold Worch and Edward Warstler) ) Requests for Four Month Extension of ) Time to Construct ) ) Request for Three Month Period of Time) By Which to Seek Commission Approval to ) Assign Unconstructed SMR Stations) 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. We have before us a Petition for Reconsideration (Petition) filed October 28, 1998, and a Request for Relief filed January 20, 1999, by Daniel R. Goodman, the court-appointed receiver (Receiver) for four license application preparation companies, Metropolitan Communications Corp., Nationwide Digital Data Corp., Columbia Communications Services Corp., and Stephens Sinclair Ltd. The Receiver, under authority granted to him by Harold Worch and Edward Warstler, requests that we reconsider the cancellation of the Specialized Mobile Radio licenses for stations WPET434 and WPER490, licensed to Mr. Worch and Mr. Warstler, respectively, and grant the licensees additional time to construct. For the reasons set forth below, we grant the Request for Relief and dismiss the Petition as moot. 2. The Receiver argues in the Petition that the licenses in question were granted a four-month construction period extension pursuant to the Goodman/Chan Order, but were incorrectly cancelled by the Licensing and Technical Analysis Branch of the Commercial Wireless Division, Wireless Telecommunications Bureau (Bureau) before the construction period began to run. Specifically, the Receiver asserts that the Licensing and Technical Analysis Branch improperly cancelled the licenses for the licensees' failure to register their Taxpayer Identification Numbers with the Commission. Because the licenses subsequently were reinstated by the Bureau, but after the additional four-month construction period afforded by the Goodman/Chan Order expired, the Receiver asks in the Request for Relief that each licensee receive a new four-month period to complete construction. The Receiver also asks that the licensees be granted a new 90-day period in which to seek Commission approval to assign their unconstructed licenses to third parties, pursuant to the Goodman/Chan Reconsideration Order. 3. Because the above-captioned licenses were reinstated and mailed to the respective licensees on January 5, 1999, we dismiss the Receiver's Petition as moot. Additionally, because the licensees were unable to take advantage of the relief granted them pursuant to the Goodman/Chan Order, we grant the Request for Relief. Accordingly, we grant the licensees each an additional four-month period to construct their respective licenses, including a 90-day period during which they may file applications to assign their unconstructed licenses, pursuant to the Goodman/Chan Reconsideration Order. 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 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.331, 1.106, the Petition for Reconsideration filed by Daniel R. Goodman on October 28, 1998, IS DISMISSED AS MOOT. 5. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Request for Relief filed by Daniel R. Goodman on January 20, 1999, IS HEREBY GRANTED. 6. IT IS FURTHER ORDERED that, pursuant to section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the additional four-month construction period granted herein, which includes a 90-day period during which applications to assign the unconstructed licenses may be filed, is to begin upon release of this Order on Reconsideration. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division