******************************************************** 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 ) ) Leonard H. Muniz ) (Call Sign WPEX493) ) ) Applications for Review of Denial of ) Petition for Reconsideration of Request for ) Reinstatement of Cancelled Specialized Mobile) Radio License ) MEMORANDUM OPINION AND ORDER Adopted: December 22, 1999 Released: December 27, 1999 By the Commission: 1. The Commission has before it an Application for Review filed on January 22, 1999 by Leonard H. Muniz (Muniz), an 800 MHz General Category Specialized Mobile Radio (SMR) licensee. Muniz requests review of the denial of his November 18, 1998 Petition for Reconsideration of the decision to delete his license from the database. Specifically, Muniz requests that the Commission reinstate the cancelled license, provide him an additional four-month construction period, and correct an October 9, 1998 list of licensees granted such relief to include his license. 2. The Licensing and Technical Analysis Branch of the Wireless Telecommunications Bureau properly decided the matters raised below. Because Muniz failed to file a timely waiver request for additional time in which to construct, as required by the Goodman/Chan Reconsideration Order, he is not entitled to relief. Although Muniz contends that he did file a timely extension request, the Licensing and Technical Analysis Branch has no record of such a request or payment of the required waiver fee. Therefore, we conclude that his petition for reconsideration was properly denied. 3. Accordingly, IT IS ORDERED that, pursuant to section 5(c)(5) of the Communications Act, as amended, 47 U.S.C.  155(c)(5), and section 1.115(g) of the Commission's rules, 47 C.F.R.  1.115(g), the Application for Review filed by Leonard H. Muniz on January 22, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary