******************************************************** 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 ) ) FCC Construction Deadline for 800 MHz ) Licensees Receiving Relief Pursuant to ) FCC 98-167 ) ) ORDER Adopted: December 15, 1999 Released: December 15, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we dismiss as moot both the December 23, 1998 Emergency Request for Stay (Stay Request) and the February 25, 1999 Petition for Reconsideration (Petition for Reconsideration) filed by Daniel R. Goodman (Goodman), the court-appointed Receiver for Metropolitan Communications Corp., Nationwide Digital Data Corp., Columbia Communications Services Corp., and Stephens Sinclair Ltd. (Receivership Companies). In his Stay Request, Goodman requests that, pending the outcome of his Petition for Review of the Goodman/Chan Reconsideration Order before the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals), we stay the issuance of construction inquiry letters (FCC Form 800-A) after the December 28, 1998 deadline for construction by certain 800 MHz Specialized Mobile Radio (SMR) licensees who obtained their authorizations through one of the Receivership Companies (Goodman/Chan licensees). Goodman argues that because the Goodman/Chan licensees would not construct their stations until final resolution of the licensing status of these authorizations, issuance of the 800-A letters prior to the Court of Appeals' decision on the Petition for Review would result in inadequate responses and the deletion of the licenses. In his Petition for Reconsideration, Goodman requests reconsideration of the issuance of construction inquiry letters to certain Goodman/Chan licensees after the December 28, 1998 deadline. 2. On July 16, 1999, the Court of Appeals dismissed Goodman's Petition for Review on procedural grounds, without reaching the merits. We therefore dismiss both Goodman's Stay Request and his Petition for Reconsideration as moot. 3. 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 Emergency Request for Stay, filed December 23, 1998, and the Petition for Reconsideration, filed February 25, 1999, by Daniel R. Goodman ARE DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau