**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[^1] 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.[^2] 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.[^3] On September 11, 1997, the Branch dismissed the
application[^4] pursuant to Section 90.617(c) of the Commission\'s Rules
which provides that SMR systems will not be authorized on Business Radio
channels.[^5]

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.[^6] 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.[^7]
On February 3, 1998, the Branch reinstated Bosshard\'s application for
further review and processing.[^8] 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.[^9]

**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.[^10] 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.[^11] We agree.[^12]

**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

[^1]:     ^?..^Bosshard Application for Review (filed Oct. 2, 1998)
    (Application for Review).

[^2]:     ^?^Letter from Chief, Licensing and Technical Analysis Branch,
    to Steven S. Bosshard d/b/a as Bosshard Radio Service, Ref. No.
    WNKX-748/D101554 (Sept. 11, 1998) (Branch Dismissal).

[^3]: ^    ?^Application for Review at 2*.* *See also* File No. D081601.

[^4]: ^    ?^Branch Dismissal.

[^5]: ^    ?^47 C.F.R. § 90.617(c).

[^6]: ^    ?^Letter from George Petrutsas of Fletcher, Heald & Hildreth,
    Counsel for Steven S. Bosshard, Ref. No WNKX-748/D081601 (Oct. 3,
    1997) (Request for Reconsideration).

[^7]: ^    ?^*Id.*

[^8]: ^    ?^Letter from Terry L Fishel, Deputy Chief, Licensing and
    Technical Analysis Branch, Commercial Wireless Division, to George
    Petrutsas of Fletcher, Heald & Hildreth, Counsel for Steven S.
    Bosshard (Feb. 3, 1998) (Reinstatement Letter). *See also* File No.
    D101554.

[^9]: ^    ?^Application for Review at 1.

[^10]: ^    ?^47 C.F.R. § 1.113(a).

[^11]: ^    ?^Application for Review at 1.

[^12]: ^    ?^It should be noted that this decision does not address the
    merits of whether the Branch\'s grant of the subject application was
    consistent with the Commission\'s Rules and policies. However, we
    are constrained in our review of such matters because of the Section
    1.113(a) issue raised in the Application for Review.