Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| Daniel R. Goodman, Receiver;     | ) |                              |
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| Dr. Robert Chan                  | * |                              |
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| Petition for Waiver of Section   | * |                              |
| 90.633(c) and 1.1102 of the      | * |                              |
| Commission's Rules               | ) |                              |
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| Request for Waiver of Section    | * |                              |
| 90.633(c) of the Commission's    |   |                              |
| Rules by Various 800 MHz SMR     | * |                              |
| Licensees                        | * |                              |
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| Request for Waiver of Section    | * |                              |
| 90.609(b) of the Commission's    | * |                              |
| Rule Prohibiting the Transfer    |   |                              |
| and Assignment of Unconstructed  | * |                              |
| Licenses                         | * |                              |
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| Request for Extension of License | * |                              |
| Term of 800 MHz Licensees        | * |                              |
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**ORDER**

**Adopted:** April 26, 2001 **Released:** May 14, 2001

By the Commission:

1.  In this Order, we deny the Petition for Partial Reconsideration
    (Petition) filed by Preferred Communication Systems, Inc.
    (Preferred)[^1] of our *Preferred Reconsideration Order* in the
    Goodman/Chan matter.[^2] Preferred seeks partial reconsideration of
    our decision in the *Preferred Reconsideration Order* declining to
    extend relief to licensees who were outside the scope of the relief
    granted in the Commission's *Goodman/Chan I* and *Goodman/Chan II*
    orders.[^3]

2.  In *Goodman/Chan I* and *Goodman/Chan II*, the Commission
    implemented procedures to grant four-month construction extensions
    to approximately 2,500 so-called "Goodman/Chan" licensees who had
    obtained 800 MHz General Category SMR licenses through four
    application processing companies that were placed in receivership in
    a federal court action. In *Goodman/Chan II*, the Commission also
    concluded that additional General Category licensees should receive
    relief similar to that afforded to the Goodman/Chan licensees,
    provided that they had filed timely extension requests prior to the
    expiration of their eight-month construction periods. Preferred
    filed a petition for reconsideration of *Goodman/Chan II*,
    requesting that the Commission reconsider its determination that
    non-Goodman/Chan licensees must have filed timely extension requests
    with the Commission in order to receive the same relief granted the
    Goodman/Chan licensees. On November 9, 1999, the Commission issued
    the *Preferred Reconsideration Order*, in which it concluded that 1)
    Preferred lacked standing, and 2) that there was no evidence to
    support Preferred's contention that licensees who failed to file
    timely extension requests had received or detrimentally relied on
    Commission staff advice. Preferred filed the instant petition for
    partial reconsideration on December 9, 1999.

3.  In its latest petition, Preferred argues that General Category
    licensees who filed extension requests after the expiration of their
    eight month construction periods should be deemed to have filed
    "timely" extension requests on the grounds that 1) a small number of
    the 2,500 original Goodman/Chan licensees were afforded relief even
    though the original Goodman/Chan petition was filed by the receiver
    shortly after the expiration of their eight-month construction
    periods, and 2) the Commission's rules in effect in 1994-1995
    provided a 30 day window in the renewal context for licensees to
    request reinstatement. [^4]

4.  We note that Preferred did not present these arguments in its
    previous petition for reconsideration, and that the Petition is not
    based on new or previously undiscovered facts or circumstances.
    Thus, Preferred's Petition is procedurally defective under Section
    1.106(c)(1) of the Commission's rules. We also conclude that there
    is no public interest reason to consider Preferred's Petition
    pursuant to Section 1.106(c)(2). As in the prior petition, Preferred
    has failed to establish that it has standing on behalf of any
    specific licensee that filed an untimely extension request and was
    denied relief under *Goodman/Chan II*.

5.  Even leaving aside these procedural defects, Preferred has presented
    no compelling argument that the scope of relief afforded by the
    Commission in *Goodman/Chan II* should be expanded. To the extent
    that Preferred's claim is based on the reinstatement in
    *Goodman/Chan I* of a very small number of Goodman/Chan licenses
    whose construction periods had expired before the petition was
    filed,[^5] we limit that decision to its facts and decline to give
    it precedential effect. The vast majority of Goodman/Chan licensees
    had time remaining on their construction periods when the petition
    was filed, and the Commission's deliberations in *Goodman/Chan I*
    were directed to resolving the strongly-contested and controversial
    issues associated with extending the time to construct of those
    licensees. The Commission did not discuss the reinstatement request,
    and it provided no indication of its rationale for granting that
    request, which is contrary to the weight of agency precedent
    regarding untimely extension requests.[^6] We also note that
    requiring licensees to file extension requests on a timely basis
    serves important policy objectives. As a general matter, allowing
    the filing of untimely extension requests, as Petitioners propose,
    would undermine orderly and efficient spectrum management, lead to
    administrative uncertainty and delay, and hinder our ability to
    relicense scarce spectrum resources to other licensees who are ready
    and able to construct. For these reasons, we reject Preferred's
    suggestion that the Commission was compelled to grant similar
    reinstatement relief with respect to other General Category SMR
    licensees whose extension of time requests were denied in
    *Goodman/Chan II*.[^7] Preferred's argument based on the existence
    of reinstatement procedures is also not persuasive. These procedures
    applied to late-filed renewal applications by licensees who had
    successfully constructed and were operating their systems, not to
    licensees who failed to construct within the construction
    period.[^8]

6.  Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405
    of then Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    405, and Sections 1.106 and 1.115 of the Commission's Rules, 47
    C.F.R. §§ 1.106, 1.115, the Petition for Partial Reconsideration
    filed by Preferred Communication Systems, Inc. is DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

# 

[^1]: Petition for Partial Reconsideration, filed December 9, 1999
    (Petition).

[^2]: In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan,
    Petition for Waiver of Sections 90.633(c) and 1.1102 of the
    Commission's Rules, *Order on Reconsideration*, 14 FCC Rcd 20,547
    (1999) (*Preferred Order on Reconsideration*).

[^3]: In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan,
    Petition for Waiver of Sections 90.633(c) and 1.1102 of the
    Commission's Rules, *Memorandum Opinion and Order*, 10 FCC Rcd 8537
    (1995) (*Goodman/Chan I*); *Memorandum Opinion and Order and Order
    on Reconsideration*, 13 FCC Rcd 21,944 (1998) (*Goodman/Chan II*).

[^4]: Petition at 2-3.

[^5]: *See Goodman/Chan I*, 10 FCC Rcd at 8550.

[^6]: *See, e.g.,* Norris Satellite Communications, Inc., *Memorandum
    Opinion and Order*, 12 FCC Rcd 22,299, 22,307-08, at ¶¶ 19-22 (1997)
    (upholding dismissal of untimely request for extension of the
    satellite construction commencement deadline); Richardson
    Independent School District, *Memorandum Opinion and Order*, 5 FCC
    Rcd 3135, 3136, at ¶¶ 9-10 (1990) (denying late-filed motions for
    extension of a cancelled Instructional Television Fixed Service
    (ITFS) license); Universal Cable Communications, Inc., 15 FCC Rcd
    18,614 (Wireless Tel. Bur. 2000) (canceling point-to-point microwave
    station license when an extension request was untimely filed);
    Associated Information Services Corporation, *Memorandum Opinion and
    Order and Declaratory Ruling*, 3 FCC Rcd 5617 (1988) (denying an
    untimely request for waiver of the construction period);
    Multichannel Media, Inc., *Order*, 3 FCC Rcd 5782 (Priv. Radio Bur.
    1988) (same); Aeronautical Radio, Inc., *Memorandum Opinion and
    Order*, 3 FCC Rcd 6994 (Priv. Radio Bur. 1988) (same).

[^7]: *See* SouthEast Telephone v. FCC, No. 99-1164, 1999 WL 1215855
    (D.C.Cir. Nov. 24, 1999) (stating that an agency need not repeat in
    a later case an error made in a prior case).

[^8]: See former 47 C.F.R. § 90.149(a) (1992). This rule has since been
    deleted. *See* Development and Use of the Universal Licensing System
    in the Wireless Telecommunications Services, *Report and Order*, 13
    FCC Rcd 21,027 (1998).