**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Supreme Radio Communications, Inc. ) File No. 96F069

)

Finder\'s Preference Request )

For Station WPCN273 )

Licensed to Jimmy D. Risley at )

Sallisaw, OK )

)

## MEMORANDUM OPINION AND ORDER

**Adopted: November 18, 1999 Released: November 18, 1999**

1.  On January 6, 1997, Daniel R. Goodman (Goodman), the court appointed
    receiver for numerous 800 MHz licensees, [^1] filed a petition for
    reconsideration (Petition) on behalf of Jimmy D. Risley (Risley),
    licensee of Specialized Mobile Radio (SMR) Station WPCN273. Mr.
    Goodman asked for reconsideration of a decision by the Wireless
    Telecommunications Bureau's Office of Operations granting an award
    of a finder\'s preference to Supreme Radio Communications, Inc.
    (Supreme).[^2] For the reasons discussed below, Mr. Goodman's
    petition for reconsideration of the *Office of Operations Decision*
    is dismissed. We further dismiss as moot a petition to deny filed by
    Mr. Goodman against Supreme's application for the awarded frequency.
    We also dismiss a motion to dismiss the finder's preference award
    filed by George M. Bigg, Columbia Communications, Inc.

2.  Supreme filed a finder's preference request for frequency 851.1375
    MHz against Station WPCN273 on November 20, 1995. [^3] On October
    23, 1996, the Office of Operations cancelled the authorization and
    awarded a finder's preference to Supreme after it presented evidence
    that the station had not been timely constructed. Goodman filed his
    Petition on January 6, 1997, forty-four days late.[^4]

3.  Although we do not rule on Mr. Goodman's status as a party in this
    proceeding, we note that the Petition was filed forty-four days
    after the 30-day statutory deadline for filing a petition for
    reconsideration. Therefore, the Petition was untimely filed as set
    forth in section 405 of the Communications Act, as amended. Section
    405 provides for a thirty-day period in which to file a petition for
    reconsideration.[^5] Therefore, we dismiss Mr. Goodman's petition
    for reconsideration and affirm the award of a finder's preference to
    Supreme for frequency 851.1375 MHz, Station WPCN273. We also
    therefore dismiss the petition to deny filed by Mr. Goodman against
    Supreme's application for the awarded frequency as moot. Finally,
    although we do not rule on Mr. Bigg's status as a party in this
    proceeding, we note that his motion to dismiss, filed January 28,
    1997, was also untimely filed and is therefore hereby dismissed.

4.  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 Daniel R. Goodman in Finder\'s Preference Case No. 96F069 IS
    DISMISSED.

5.  IT IS FURTHER ORDERED that, George M. Bigg's motion to dismiss in
    Finder\'s Preference Case No. 96F069 IS DISMISSED.

6.  IT IS FURTHER ORDERED that, the petition to deny filed by Daniel R.
    Goodman against the application filed by Supreme Radio
    Communications, Inc., for the awarded frequency IS DISMISSED as
    moot.

7.  IT IS FURTHER ORDERED that, the award of a finder\'s preference to
    Supreme Radio Communications, Inc., for frequency 851.1375 MHz,
    (SMR) Station WPCN273, Sallisaw, OK, IS AFFIRMED.

Federal Communications Commission

William W. Kunze

Deputy Chief, Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: 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*, FCC 95-211(rel. May 24, 1995).

[^2]: *See* Letter from William J. Kellett, Esq., Office of Operations,
    to Supreme Radio Communications, Inc. dated October 23, 1996
    (*Office of Operations Decision*).

[^3]: Request for Finder's Preference filed November 20, 1995.

[^4]: Risley did not file a petition for reconsideration of the *Office
    of Operations Decision*. He also failed to respond to the original
    target letter sent by William J. Kellett, Esq., Office of
    Operations, to Jimmy D. Risley, dated February 15, 1996.

[^5]: 47 U.S.C. § 405, *see also* In the Matter of Magnolia
    Communications, DA 99-2256 (File No. 96F082), WTB:CWD (rel.October
    27, 1999) (licensee filed its petition for reconsideration 6 days
    after the statutory deadline).