**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Ivan Brisbin )

(Call Sign WPCB813) )

)

Request for Waiver of Section 90.149(a) )

of the Commission\'s Rules )

**ORDER** **ON RECONSIDERATION**

**Adopted: January 13, 2000 Released: January 14, 2000**

By the Deputy Chief, Policy and Rules Branch, Commercial Wireless
Division, Wireless Telecommunications Bureau:

Number range level0Number range level1Number range level2Number range
level3Number range level4Number range level5Number range level6Number
range level71. We have before us a Petition for Reconsideration
(Petition), filed by Ivan Brisbin (Brisbin) on September 11, 1998, of
the Licensing and Technical Analysis Branch\'s denial[^1] of his request
for waiver of section 90.149(a) of the Commission\'s rules[^2] in
connection with his untimely request for reinstatement of his expired
Specialized Mobile Radio (SMR) license.[^3] Section 90.149(a) provides
that licensees shall have an additional 30 days after the expiration of
the license term to apply for reinstatement of expired licenses,[^4] and
Brisbin filed his request for reinstatement after the end of the
applicable additional 30-day period. However, Brisbin timely constructed
his authorization and is currently providing service. We therefore grant
his Petition and, accordingly, grant his requested waiver and reinstate
his license.[^5]

2\. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and sections 1.106
and 1.925 of the Commission\'s rules, 47 C.F.R. §§ 1.106, 1.925, the
Petition for Reconsideration filed by Ivan Brisbin on September 11, 1998
IS GRANTED.

3\. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.331
and 1.925 of the Commission\'s rules, 47 C.F.R. §§ 0.331,

1.925, the request for waiver of section 90.149(a) of the Commission\'s
rules filed by Ivan Brisbin on June 29, 1998 IS GRANTED.

4\. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and section 0.331 of
the Commission\'s rules, 47 C.F.R. § 0.331, the station authorization
held by Ivan Brisbin, Call Sign WPCB813, IS HEREBY REINSTATED.

5\. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and section 0.331 of
the Commission\'s rules, 47 C.F.R. § 0.331, the Request for Confidential
Treatment filed by Ivan Brisbin on September 11, 1998 IS DISMISSED as
moot.

FEDERAL COMMUNICATIONS COMMISSION

Suzan Friedman

Deputy Chief, Policy and Rules Branch

Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]:     ^?^ Letter from Ronald B. Fuhrman, Deputy Chief, Technical
    Analysis Section, to Russ Taylor, Esq., Gardner, Carton & Douglas,
    dated August 12, 1998.

[^2]:     ^?^ 47 C.F.R. § 90.149(a) (1998).

[^3]:     ^?^ Brisbin also filed a Request for Confidential Treatment of
    his Petition for Reconsideration. However, because the Commission
    previously granted a request for an inspection of the records of
    certain 800 MHz General Category SMR licensees, including those of
    Brisbin, we dismiss this request as moot. *See* Chadmoore
    Communications, Inc., *Memorandum Opinion and Order*, 13 FCC Rcd
    23,943 (1998).

[^4]:     ^?^ 47 C.F.R. § 90.149(a) (1998). We note that this particular
    provision of section 90.149(a) has since been deleted.

[^5]:     ^?^ *See* 47 C.F.R. § 90.151 (1998). We note that while
    section 90.151 has been superseded by 47 C.F.R. § 1.925, we would
    grant the instant waiver requests under the revised rule as well.