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In its request for waiver, SBMS makes a variety of arguments as to why the Commission  xshould grant a waiver in this situation. SBMS maintains that, in actuality, it has only had six months to  S- xconvert its system because final operational LMS rules were issued on September 16, 1997.@ {O#-ԍxId. at 8.@ Moreover,  xkSBMS argues that, because the auction rules for LMS had not been issued as of the time of its waiver",C)C)UUa"  S- xrequest,~\ {Oh-  kԍxWe adopted competitive bidding rules for LMS after SBMS filed its waiver request. See In re Amendment  xof Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems, PR Dkt.  {O-9361, Second Report and Order, 13 FCC Rcd. 15182 (1998).~ it has been unable to determine what effect such rules may have on the operation of the Chicago  S- xstations or their business plans.W yOY-ԍxSBMS Request for Rule Waiver at 56. W SBMS asserts that, because of the uncertainty of the final LMS auction  xrules, requiring SBMS to construct the Chicago system in accordance with the new band plan and expend  x[resources necessary to comply with the Commission's new band plan before all necessary information is  S4- xavailable would impose an undue hardship.@4| {OP -ԍxId. at 6.@ Moreover, SBMS argues that, in light of the other  S- xconstruction deadline waivers which have been granted, {O -  ԍxSee e.g. In re Rush Network Corporation Request for Extension of Time to Construct a 220222 MHz  {Oy - xwCommercial Nationwide Land Mobile Radio System, Order, 12 FCC Rcd. 9731 (Wireless Telecom. Bur. 1997) (Rush  {OC- xNetwork); In re Requests by Interactive Video and Data Service Lottery Winners to Waive the March 28, 1997  {O - xConstruction Deadline, Order, 12 FCC Rcd. 3181 (Wireless. Telecom. Bur. 1997) (IVDS Lottery Winners); In re  xRequest of Pinpoint Communications Networks, Inc., MobileVision, L.P. Uniplex Corporation and Roger D. Linquist  {O- xfor Waiver of Section 90.363(d) of the Commission's rules, Order, 11 FCC Rcd. 8760 (Wireless Telecom. Bur. 1996)  {Oi- x (Pinpoint); In re Teletrac License, Inc., Petition for Waiver of Section 90.363(c) of the Rules with Respect to Certain  {O3- xMultilateration Location and Monitoring Service Licenses, Order, 13 FCC Rcd. 6493 (Com. Wireless. Div., Wireless.  {O-Telecom. Bur. 1998) (Teletrac). fairness dictates that the Commission grant a  S- xwaiver in SBMS' case as well.S yO\-ԍxSBMS Request for Rule Waiver at 9.S SBMS argues that these factors together constitute the unique circumstances warranting a rule waiver.   x8. Having reviewed SBMS' request for waiver, however, we are not persuaded that SBMS has  xsatisfied the criteria for a waiver. In contrast to other situations in which we have granted limited waivers,  x=there appear to be no special or unique circumstances which exist which would warrant a deviation from the general rule in SBMS' case.   x9. SBMS states that grandfathered LMS licensees must invest substantial resources to conform  xto the new LMS band plan and that licensees should have available to them the applicable rules in their  S - xfinal state.B ~ {O-ԍxId. at 56.B SBMS argues that the Commission adopted grandfathering provisions in the LMS Report and  S - x Order to avoid imposing such undue hardships.@  {ON!-ԍxId. at 6.@ SBMS is correct that the Commission created the  Sl- xgrandfathering provisions in the LMS Report and Order to avoid imposing undue hardship on existing  S:- xmultilateration systems.n: {O|$-ԍxSee LMS Report and Order, 10 FCC Rcd. at 4728,  62.n The Commission set out grandfathering provisions to allow licensees which had  S- x\substantial investment in Automatic Vehicle MonitoringZ4 yO&-  ԍxThe Automatic Vehicle Monitoring (AVM) Service was the predecessor of LMS. The Commission  xestablished LMS, which encompasses the old AVM service as well as developing transportationrelated services, in  {Ok(-the LMS Report and Order. LMS Report and Order, 10 FCC Rcd. at 4696,  1. technology to complete and operate viable"V,C)C)UU "  S- xzmultilateration LMS systems under the new band plan.0 {Oh-  ԍxSee In re Teletrac License, Inc., Petition for Clarification or, in the Alternative, Waiver of Section 90.363(a)  {O2-of the Commission's Rules, Order, 12 FCC Rcd. 21684, 21689,  14 (Wireless Telecom. Bur. 1997).0 The Commission implemented a threeyear  S- x[conversion period for LMS operators in order to alleviate any undue hardship on grandfathered licensees  x=which might result from requiring an immediate conversion of LMS facilities and gave operators a choice  Sg- xof operating under either the old rules or the new rules during the process of converting their systems.[g$ {O+-ЍxId. at 47284729,  63.[  x.Such grandfathering provisions, however, did not give multilateration operators the option of continuing  xunder the old rules indefinitely. Instead, our rules required that all constructed multilateration LMS operators, including SBMS, cease operating at its formerly assigned frequencies by April 1, 1998.   x 10. We find SBMS' argument that it could not convert its system until after all LMS rules became  xfinal due to uncertainty over the LMS rules unpersuasive. SBMS argues that, rather than having three  xyears to come into compliance with the LMS rules, LMS licensees had only six months to convert because  S- xyissues raised in petitions for reconsideration filed in response to the LMS Report and Order and the LMS  S - x=Order on Reconsideration[\  yO-  ԍxIn re Amendment of Part 90 of the Commission's rules to Adopt Regulations for Automatic Vehicle  {O- xYMonitoring Systems, Order on Reconsideration, PR Docket No. 9361, 11 FCC Rcd. 16905 (1996) (LMS Order on  {O-Reconsideration). [ were not resolved, and final rules were not issued until September 16, 1997.  Sk - xSBMS refers to the LMS Memorandum Opinion and Order and Further Notice of Proposed Rulemaking,  xreleased on September 16, 1997, which resolved issues raised in petitions for reconsideration that were  S - xnot addressed by the LMS Order on Reconsideration.\  yO-  0ԍxIn re Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle  {OH- xMonitoring Systems, PR Docket No. 9361, Memorandum Opinion and Order and Further Notice of Proposed Rule  {O-Making, 12 FCC Rcd. 13942 (1997) (LMS MO&O and Further Notice). We note that the mere existence of pending  x!petitions for reconsideration does not affect SBMS' obligation to comply with the Commission's  xrequirement that it convert and operate its facilities at the proper frequencies. Section 1.429(k) of the  Sn-Commission's rulesI n  yO -ԍx47 C.F.R.  1.429(k).I provides that  ` p Xx` ` Without special order of the Commission, the filing of a petition for  reconsideration shall not excuse any person from complying with any rule or operate in  any manner to stay or postpone its enforcement. However, upon good cause shown, the  Commission will stay the effective date of a rule pending a decision on a petition for reconsideration.   xAt no time has the Commission indicated that it would postpone or stay the enforcement of the LMS  xspectrum conversion deadline for multilateration licensees of facilities which were constructed and  Sp- xoperating as of February 3, 1995, due to any pending petition for reconsideration.n!p  yO$-ԍxPrevious waivers were granted to unconstructed LMS licensees.n Nor were we given  xany indication by SBMS prior to its April 1, 1998, request for rule waiver that it believed that there were  xkcircumstances or outstanding issues which precluded it from converting its systems. SBMS does not  xadequately explain how pending petitions or other uncertainty over operational rules prevented it from  xconverting its frequencies by April 1, 1998, nor does SBMS state that it was not possible for it to convert"!,C)C)UUz"  x=its facilities in time to meet the spectrum conversion deadline. SBMS states only that it should be given  xa similar degree of flexibility in meeting its deadline that the Commission has given to other licensees in past construction waiver grants.  S4-  x 11. Unlike situations in which we have granted waivers,C"4 {O-ԍxSee note 22.C SBMS has not persuasively shown how  x=its obligation to convert its systems is inextricably tied to the pendency of a petition for reconsideration  xor rulemaking, or that it is inequitable or unduly burdensome to enforce section 90.363(c). We are also  xunpersuaded by SBMS' claims that it could not convert its systems because they were unable to determine  xwhat affect the auction rules may have on its system or its business plans. SBMS argues that it could not  x\assess its potential participation in the auction and thus could not determine how its Chicago system  S- x^figures into such plans and how that system needs to be modified. However, as noted, supra,  S- xgrandfathered licensees were permitted to select for themselves which particular subband or subbands  xbest met their future LMS requirements and to modify their licenses accordingly. It is unclear how  x.pending auction rules created uncertainty for SBMS over how to convert to frequencies that it had itself  xselected. While auctionrelated issues such as minimum bids or special provisions for small business may  xbe relevant to business plans and its future participation in the LMS auction, SBMS has not explained how  x>such issues affected SBMS' obligation to convert or prevented it from converting existing facilities as  xprovided in SBMS' own license modification. As with all licensees, SBMS was required to identify the  xsubbands in which it intended to operate, and was required to convert its systems to the frequencies that  S8- x.it had chosen by April 1, 1998.:#8Z {O2-ԍxId.: The LMS Report and Order made clear that licensees not operating as  S-specified in their modified licenses would lose authorization.o$ {O-ԍxLMS Report and Order, 10 FCC Rcd. at 47284729,  63.o  S-  lx 12. Moreover, in prior grants of construction waivers, a significant factor that we have taken into  xaccount is evidence that the licensee has made diligent, good faith efforts to convert or construct its  S:- xjsystems according to the Commission's rules.%:~ {OX-  ԍxSee e.g. IVDS Lottery Winners, 12 FCC Rcd. at 3183,  5; Rush Network, 12 FCC Rcd. at 97329733,   {O"-5, Teletrac, 13 FCC Rcd. at 6493,  2. Here, however, it does not appear that SBMS has begun any conversion of its facilities.  S-  x 13. In light of our decision to deny SBMS' request for waiver of the LMS spectrum conversion  x=deadline, SBMS' licenses for its LMS stations, Call Signs WPDM682 and WPDM686, have expired due  x.to SBMS' failure to convert its systems to the frequencies identified on its modified licenses by April 1,  x1998. Because the licenses for these stations are no longer current, the applications to modify the licenses  S- xas well as the request for assignment of the licenses to Comtrak are now moot.I& yOO"-  ԍxInadvertently, the applications to modify stations WPDM682 and WPDM686 were granted on xZAugust 25, 1998, and Comtrak's application for assignment of those stations was granted on September 9, 1998.  {O#- xThose grants were set aside on September 23, 1998. See Letter from Terry L. Fishel, Deputy Chief, Licensing and  x<Technical Analysis Branch, Commercial Wireless Division, to Nadja S. Sodos, Esq., Gurman, Blask & Freedman, (Sept. 23, 1998).I Accordingly, we dismiss  xSBMS' applications to modify the licenses for stations WPDM682 and WPDM686 as well as Comtrak's application to assign those licenses. "< &,C)C)UU-"Ԍ S-ԙ IV. CONCLUSION ă  S-  @x 14. Upon review of SBMS' request for rule waiver, we find that SBMS has not satisfactorily  xshown that formerly pending rules prevented it from converting to the prescribed frequencies or that there  xexist the unique circumstances that warrant a waiver of section 90.363(c) of the Commission's rules.  xzFurther, the applications to modify stations WPDM682 and WPDM686, respectively, as well as the  xapplication to have WPDM682 and WPDM686 assigned to Comtrak are dismissed as moot because, in light of the denial of SBMS' waiver, SBMS' licenses to operate those stations expired on April1, 1998.  S- V. ORDERING CLAUSES ă  S -  x15. Accordingly, IT IS ORDERED, pursuant to sections 1.3 and 90.151 of the Commission's  xrules, 47 C.F.R.  1.3, 90.151, that Southwestern Bell Mobile Systems' request for rule waiver of section 90.363(c) of the Commission's rules, 47 C.F.R.  90.363(c), IS DENIED.  S -  x16. IT IS FURTHER ORDERED that Southwestern Bell Mobile Systems' applications to modify,  xfile numbers D108561 and D108562, for LMS stations, Call Signs WPDM682 and WPDM686, ARE DISMISSED AS MOOT.  S-  x17. IT IS FURTHER ORDERED that Comtrak's application to assign LMS licenses, Call Signs WPDM682 and WPDM686, IS DISMISSED AS MOOT.  Sk-  Nx18. IT IS FURTHER ORDERED that SBMS' request for special temporary authority to operate  xkLMS stations, Call Signs WPDM682 and WPDM686, past the April 1, 1998, conversion deadline IS  xGRANTED for the period covering April 1, 1998, through the date of this order. All operations must  S-terminate on the date of this decision.<' yO:-ԍxSee note 9.<  Sl-  ]x19. This action is taken pursuant to the authority delegated in section 0.331 of the Commission's rules, 47 C.F.R.  0.331. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Steven E. Weingarten x` `  hh@Chief, Commercial Wireless Division x` `  hh@Wireless Telecommunications Bureau