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     Before the
                      Federal Communications Commission
     Washington, D.C. 20554

In the Matter of                             )
                                   )
SOUTHWEST WIRELESS, INC.           )         
                                   )
Request to Toll Construction Deadline for         )
Wide-Area 800 MHz SMR System            )
                                   )

                             ORDER

     Adopted:  December 29, 1999        Released:  December 30, 1999

By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

1.     This Order addresses a request by Southwest Wireless, Inc. (Southwest) to toll the
construction deadline for its wide-area 800 MHz Specialized Mobile Radio (SMR) system.  For the reasons
discussed below, we dismiss Southwest's request as moot.

2.     Southwest operates a wide-area SMR network in the Las Vegas, Nevada area.  Originally
Southwest was given five years to construct all frequencies at all authorized sites within its wide-area
footprint, or lose the unconstructed frequencies.  In 1995, the Commission accelerated the extended
implementation of all incumbent wide-area licensees, including Southwest, in light of a new, geographic-
area (Economic Area, or EA) based licensing scheme for the 800 MHz SMR service.  The incumbent
licensees were required to rejustify their extended implementation authorities and, if successful, were given
either the remainder of their original five-year construction periods or two years from the action on their
rejustification showings, whichever was shorter.  Southwest successfully rejustified its extended
implementation and was given the remainder of its original extended implementation period to construct its
wide-area system, i.e., by March 22, 1999.

3.     Approximately a month and a half prior to that deadline, the United States Court of Appeals
for the District of Columbia held in Fresno Mobile Radio, Inc. v. F.C.C. that the Commission had not
adequately explained why the construction requirements of the incumbent wide-area 800 MHz SMR
licensees were different from those required of new geographic-area based 800 MHz SMR licensees.
Specifically, the Fresno court found the Commission had not fully considered whether incumbent wide-area
licensees are sufficiently different from 800 MHz EA licensees, cellular licensees and PCS licensees to
justify the different requirements, and therefore, remanded the matter to the Commission to reconsider the
issue.  On March 18, 1999, Southwest filed a request to toll its construction deadline until the Commission
acted in the remand proceeding and the Wireless Telecommunications Bureau acted on a separate waiver
request filed by Nextel Communications, Inc. involving 800 MHz extended implementation. 

4.     On December 23, 1999, the Commission acted on the Fresno court's remand by allowing
incumbent licensees who were within their construction periods as of the Fresno decision - such as 
Southwest - the choice between complying with the terms of their EI authorizations or applying alternative
construction requirements similar to those imposed on EA licensees in the 800 MHz SMR service.  In
addition to giving the incumbents this option, the Commission also tolled the construction period between
the date of the Fresno decision and the release of the remand order, effectively adding ten months to an
incumbent's construction period.  Because of the tolling feature of the Commission's order, Southwest's
request to toll its construction period is moot.

5.     Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), and sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R.
 0.131, 0.331, the request filed by Southwest Wireless, Inc. on March 18, 1999, to toll the construction
deadline for its wide-area 800 MHz Specialized Mobile Radio system, IS DISMISSED as moot.

     
                              FEDERAL COMMUNICATIONS COMMISSION
           


                              William W. Kunze
                              Deputy Chief
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau