******************************************************** 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 ) ) Estate of Carl Wancho ) Station WPCW658 ) ) Request for Four-Month Extension) of Time to Construct ) ) Request for Three-Month Period of) Time to Assign Unconstructed ) SMR Stations ) ORDER Adopted: December 6, 1999 Released: December 6, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order, we grant the Request for Relief filed by Frank Wancho (Wancho), Executor of the Estate of Carl Wancho (Estate), on March 23, 1999. Wancho requests that because of the Commission's delay in processing the involuntary assignment application of the above-captioned Specialized Mobile Radio license to the estate of his deceased father (Application), we grant the Estate an additional four months to construct the license. 2. The affected license was granted relief pursuant to the Goodman/Chan Order. As a result, the licensee was required to complete construction and commence operation by December 28, 1998. Wancho was appointed executor of the Estate on January 13, 1998 and, on September 2, 1998, an Application for involuntary assignment of the license to the Estate was filed with the Commission. The Application was granted and a new license was issued in the Estate's name on December 8, 1998. Wancho now argues that because the license could not be constructed while the Application was pending, the licensee should be granted an additional four months to complete construction, including a 90 day period in which to assign or transfer its unconstructed license to a third party. 3. We agree. Because of the unique circumstances involved in this case, the licensee was unable to take advantage of the relief granted it pursuant to the Goodman/Chan Order. Accordingly, the Estate shall have four months to construct and commence operation of the license facility. This four-month period shall commence as of the release date of this Order. In addition, the licensee shall have a 90-day waiver of section 90.609(b) of the Commission's rules to assign or transfer its unconstructed license. This 90-day period also shall commence as of the release date of this Order. 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 Request for Relief filed by Frank Wancho, Executor of the Estate of Carl Wancho, on March 23, 1999 IS HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau