************************************************************************** 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 or Word version or Adobe Acrobat version, if available. Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Thomas A. Fowler (WPFN758) ) Gayle R. Bailey (WPFF694) ) Dan Davis (WPFS916) ) Mark W. Strong (WPFX270) ) Louis M. Rahhal (WPFU477) ) Gloria Alexander (WPFT935) ) ) Requests for Reconsideration of the) Cancellation of Specialized Mobile Radio) Licenses ) ORDER ON RECONSIDERATION Adopted: December 3, 1999 Released: December 3, 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 on November 18, 1998 by Mobex South Carolina, Inc. (Mobex) of the decision to cancel the above-captioned licenses. Mobex, the prospective assignee of the above-captioned licenses, argues that the licenses were incorrectly cancelled by the Commission. For the reasons set forth below, we deny the Petition. 2. Mobex's Petition is based on a fundamental misunderstanding of the Commission's rules and therefore must be denied. All of the above-captioned licenses were granted between May 2, 1994 and January 2, 1995. Pursuant to the Commission's rules in place at that time, licensees were required to construct and place their facilities in operation no later than eight months from the date of the license grant, not twelve months, as contended by Mobex. According to our records, none of the licensees filed extension requests prior to the expiration of their eight-month construction periods. Moreover, none of the extension requests attached by Mobex as exhibits to its Petition were filed within eight months of license grant. Because the extension requests were untimely filed, the licenses were properly cancelled and the extension requests were properly denied. For the same reason, we will not consider Mobex's Petition as a waiver of the construction rules. 3. Accordingly, IT IS ORDERED that pursuant to sections 4(i) and 405 of the Commission's rules, 47 U.S.C.  154(i), 405, and sections 0.331, 1.106 and 90.633(c) (1994) of the Commission's rules, as amended, 47 C.F.R.  0.331, 1.106 and 90.633(c) (1994), the Petition for Reconsideration filed by Mobex South Carolina, Inc. on November 18, 1998 IS HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau