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



In the Matter of
)
)
David L. Godo
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File No. 94F482
)
Finder's Preference Request
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For Specialized Mobile Radio
)
Station WPBQ431, Licensed to
)
Columbia Communications Services Corp. 
)
at Westerville, Ohio

)
)
)
)
)
)
)
)
)



File No. 94F482




                  MEMORANDUM OPINION AND ORDER

   Adopted:  December 28, 1999               Released: December 29, 1999

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

                        I.  INTRODUCTION

1.     On January 30, 1997, David L. Godo filed a petition for reconsideration (Petition) of a
decision by the Wireless Telecommunications Bureau's Office of Operations denying his request for a
finder's preference for Specialized Mobile Radio (SMR) Station WPBQ431, licensed to Columbia
Communications Services Corp. (Columbia).  For the reasons discussed below, Mr. Godo's petition for
reconsideration is denied.

                        II.  Background

2.     On October 18, 1994, Mr. Godo filed a finder's preference request for Station WPBQ431
alleging that Station WPBQ431 was not timely constructed and placed in operation in violation of Section
90.631 of the Commission's rules.  On January 10, 1997, the Office of Operations denied the finder's
preference request on the grounds that Mr. Godo had failed to carry his burden and demonstrate that a rule
violation occurred.  Mr. Godo filed a petition for reconsideration on January 30, 1997.

3.     Mr. Godo alleged that Tom Lahr, the site manager, stated that Columbia had not leased space
at the licensed location.  Mr. Godo further alleged that monitoring activities revealed no signals at the
authorized location and that the Commission's records revealed the absence of an FCC Form 800A.  In its
opposition, Columbia provided a letter from Tom Lahr, site manager, stating that the equipment had been
installed and that the station was operating, but that no permanent lease had been signed.  Columbia also
provided copies of FCC Form 800A and other declarations to show that Station WPBQ431 was timely
constructed and put into operation.  Mr. Godo asserted that the target licensee's evidence was inadequate. 


                        III.  DISCUSSION
4.     The Commission created the finder's preference program in order to relieve the scarcity of
spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission
with] information about unconstructed, non-operational, or discontinued private land mobile radio
systems...."  Under the finder's preference program, a person could file a finder's preference request by
presenting the Commission with evidence leading to the cancellation of a license due to the licensee's
noncompliance with certain regulations. The Commission, upon recovery of the channels from the target
licensee, awards the finder a dispositive preference for the recovered frequencies.

5.     Mr. Godo has not submitted evidence of any investigation or a statement from any witness
having personal knowledge of the status of Station WPBQ431.  Instead, Mr. Godo's allegations are largely
based on communications with Tom Lahr, site manager, that indicated Columbia had not leased space at
the licensed location.  Additionally, the finder also presented evidence of an unspecified amount of
monitoring. 

6.     When it established the finder's preference program, the Commission decided that the finder
has the burden of proving that the target licensee violated our rules relating to construction, placement- in-
operation, and continuance of operation.  Columbia presented substantial rebuttal evidence to show that
Station WPBQ431 was constructed and placed in operation.  In fact, the target licensee provided a letter
from Tom Lahr, the site manager, verifying that the station's equipment had been installed and that the
station was operating.  Furthermore, the Commission has specifically held that evidence of sporadic monitoring
is insufficient to establish that a station has permanently discontinued operation.  Therefore, we find that
David Godo did not meet his burden of proof to demonstrate that Station WPBQ431 was not timely
constructed and placed in operation.  We thus affirm the Office of Operations Decision to deny the finder's
preference request.  


            IV.Conclusion and Ordering Clauses

5.     Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and sections 0.331 and 1.106 of the Commission's
rules, 47 C.F.R.  0.331 and 1.106, the Petition for Reconsideration filed by David L. Godo in Finder's
Preference Case No. 94F482 IS DENIED.


                                                       Federal Communications Commission




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