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

In the Matter of Application of )
                                )
STEVEN S. BOSSHARD              )       File. No. D101554
D/B/A BOSSHARD RADIO SERVICES   )              D081601
                                )
Assignment and Modification     )
of the License for Station      )
WNKX-748, Temple, Texas         )
                                 


                  MEMORANDUM OPINION AND ORDER


Adopted:  November 15, 1999                        Released:  November 18, 1999

By the Commission:

                        I. INTRODUCTION 
                                
     1.  On October 2, 1998, Steven Bosshard d/b/a/ Bosshard Radio Services (Bosshard) filed an
Application for Review of a decision by the Licensing and Technical Analysis Branch (Branch),
Commercial Wireless Division, Wireless Telecommunications Bureau (Bureau).  The Branch dismissed
Bosshard's application seeking the Commission's consent to the assignment of the license for Conventional
Business Station WPJT-555 to himself and the authority to integrate that license into his existing SMR
facility, WNKX-748.  For the reasons discussed herein, we grant Bosshard's Application for Review.

                         II. BACKGROUND

     2.  On May 21, 1997, Bosshard filed an application requesting the Commission's consent to the
assignment of the license for Station WPJT-558 from Jimmy Callahan d/b/a/ Sunshine Sand and Gravel to
Bosshard and the authority to integrate the facilities contained in that license into Bosshard's existing SMR
facility operating under Call Sign WNKX-748.  On September 11, 1997, the Branch dismissed the
application pursuant to Section 90.617(c) of the Commission's Rules which provides that SMR systems
will not be authorized on Business Radio channels.   
 
     3.  On October 3, 1997, Bosshard filed a request for reconsideration of the Branch's decision and a
request for a waiver of Section 90.617(c) of the Commission's Rules.  Bosshard explained that his request
should be granted because he was applying for the transfer of a Business Radio license, not the assignment
of a new Business Radio frequency.  On February 3, 1998, the Branch reinstated Bosshard's application
for further review and processing.  On September 4, 1998, the Branch denied the petition for
reconsideration and waiver request and dismissed the associated application.  In his Application for
Review, Bosshard asserts that the Branch's September 4, 1998, action dismissing his application should be
reviewed and set aside because it is in violation of Section 1.113(a) of the Rules.  

                        III. DISCUSSION

     4.  Section 1.113(a) of our Rules provides that the person, panel or board taking action pursuant to
delegated authority has thirty days to modify or set aside its own motion.  On September 4, 1998, the
Branch denied the petition for reconsideration and waiver request and dismissed the associated application. 
In his Application for Review, Bosshard explains that because thirty days had passed between the date
when the Branch granted him a waiver of Section 90.617(c) and reinstated his application on February 3,
1998, and the date when the Branch dismissed the application on September 4, 1998, Section 1.113(a) of
our Rules has been violated.  We agree. 

                      IV.  ORDERING CLAUSE
                                
     5.  Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934,
as amended, 47 U.S.C.  154(i) and Section 1.115(c) of the Commission's Rules, 47 C.F.R.  1.115(c), the
Application for Review filed by Steven S. Bosshard on October 2, 1998 IS GRANTED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Magalie Roman Salas
                         Secretary