************************************************************************** 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 ) ) Washoe Communications, Inc. ) (Call signs: WPEP290, WPEP291, WPEU507,) WPEX499, WPEY473, WPFC860, WPGC406,) WPFV643 and WPGC370) ) ) Request for Reinstatement of Specialized) Mobile Radio Licenses ) ) Request for Hearing ) 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 address the substantively identical Petitions for Reconsideration (Petitions) filed by Washoe Communications, Inc. (Washoe) on November 18, 1998 and November 19, 1998, which request reconsideration of the cancellation of the above-captioned licenses, or, in the alternative, request a hearing to argue Washoe's case before the Commission. For the reasons set forth below, we deny Washoe's Petitions and its request for hearing. 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 by approximately 2,125 additional General Category SMR licensees for extensions 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. 3. As explained in the November 2 Letters, none of the above-captioned licenses meet the requirements set forth in the Goodman/Chan Reconsideration Order, because Washoe's waiver requests were untimely filed -- i.e., after the expiration of the licenses' eight-month construction periods. Because none of the above-captioned licenses were timely constructed, and no timely waiver requests were filed, the licenses were properly canceled. Additionally, because there are no substantial and material questions of fact at issue, we deny Washoe's request for a hearing. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), 405, and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Petitions for Reconsideration filed by Washoe Communications on November 18, 1998 and November 19, 1998 ARE HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau