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



In the Matter of Licenses of

RURAL METRO CORPORATION

To operate a Conventional Business
Radio Service Station in Maricopa County, Arizona


AMY ZAK & ASSOCIATES

To operate Business Radio Service Trunked Station
WPM777 on Frequency 936.6625 MHz at
Litchfield, Arizona


AMERICAN INDUSTRIAL MAINTENANCE 
To operate Business Radio Service Trunked Station
call sign WPMF782 on Frequency 936.6625
MHz at Litchfield, Arizona

ACE REPROGRAPHICS, INC., 
To operate Business Radio Service Trunked Station
call sign WPMF786 on Frequency 936.6625
MHz at Litchfield, Arizona

CAREFREE HOMES
To operate Business Radio Service Trunked Station
call sign WPMF791 on Frequency 936.6625
MHz at Litchfield, Arizona

CEI-CLOLA ENTERPRISES, INC. 
To operate Business Radio Service Trunked Station
call sign WPMF793 on Frequency 936.6625
MHz at Litchfield, Arizona


BLUCOR CONTRACTING, INC.
To operate Business Radio Service Trunked Station
call sign WPMF800 on Frequency 936.6625
MHz at Litchfield, Arizona

NORTHLAND TRUCKING

To operate a Business Radio Service Trunked
Station WPMF901 on Frequency 936.6625 MHz
at Litchfield, Arizona


NOAH WEBSTER BASIC SCHOOL

To operate a Business Radio Service Trunked
Station WPMF907 on Frequency 936.6625 MHz
at Litchfield, Arizona


MESA VERDE LANDSCAPE CO.
To operate a Business Radio Service Trunked
Station WPMF922 on Frequency 936.6625 MHz
at Litchfield, Arizona

MAGNA ELECTRIC CONTRACTING CO.
To operate a Business Radio Service Trunked
Station WPMF923 on Frequency 936.6625 MHz
at Litchfield, Arizona

LUCAS OJEDA
To operate a Business Radio Service Trunked
Station WPMF924 on Frequency 936.6625 MHz
at Litchfield, Arizona

HUNTWOOD INDUSTRIES
To operate a Business Radio Service Trunked
Station WPMF925 on Frequency 936.6625 MHz
at Litchfield, Arizona

HEALTHCOR
To operate a Business Radio Service Trunked
Station WPMF928 on Frequency 936.6625 MHz
at Litchfield, Arizona

DVC CONSTRUCTION
To operate a Business Radio Service Trunked
Station WPMF929 on Frequency 936.6625 MHz
at Litchfield, Arizona

DIAMOND MECHANICAL CO
To operate a Business Radio Service Trunked
Station WPMF930 on Frequency 936.6625 MHz
at Litchfield, Arizona

DIAMOND BACK YARD DESIGN
To operate a Business Radio Service Trunked
Station WPMF933 on Frequency 936.6625 MHz
at Litchfield, Arizona

DAVID FRANK COMPANY, INC.
To operate a Business Radio Service Trunked
Station WPMF937 on Frequency 936.6625 MHz
at Litchfield, Arizona

CROMALLOY OF ARIZONA, INC.
To operate a Business Radio Service Trunked
Station, WPMF941 on Frequency 936.6625
MHz at Litchfield, Arizona



BLACK ROSE INVESTIGATIONS,
To operate a Business Radio Service Trunked
Station WMPF943 on Frequency 936.6625 MHz
at Litchfield, Arizona

BILL LUKE DODGE, INC.
To operate a Business Radio Service Trunked
Station WMPF946 on Frequency 936.6625 MHz
at Litchfield, Arizona

ARIZONA CAREER & TECHNOLOGY
To operate a Business Radio Service Trunked
Station WMPF948 on Frequency 936.6625 MHz
at Litchfield, Arizona

SATURN OF GLENDALE

To operate a Business Radio Service Trunked
Station WMPF981 on Frequency 936.6625 MHz
at Litchfield, Arizona


WESTERN AIR CONDITIONING & HEATING

To operate a Business Radio Service Trunked
Station WMPF984 on Frequency 936.6625 MHz
at Litchfield, Arizona


VALLEY TOWING & LIMOUSINE SERVICE

To operate a Business Radio Service Trunked
Station WMPF996 on Frequency 936.6625 MHz
at Litchfield, Arizona


WILMA LOMBARDI

To operate a Business Radio Service Trunked
Station WMPF997 on Frequency 936.6625 MHz
at Litchfield, Arizona


PHOENIX BAPTIST HOSPITAL & MEDICAL
CENTER

To operate a Business Radio Service Trunked
Station WMPF998 on Frequency 936.6625 MHz
at Litchfield, Arizona


REED EXPRESS DELIVERY

To operate a Business Radio Service Trunked
Station WMPG202 on Frequency 936.6625 MHz
at Litchfield, Arizona


PRO GRADE SERVICES

To operate a Business Radio Service Trunked
Station WMPG208 on Frequency 936.6625 MHz
at Litchfield, Arizona


EXPEDITE HANDLERS, INC.

To operate a Business Radio Service Trunked
Station WMPI933 on Frequency 936.6625 MHz at
Litchfield, Arizona


PHOENIX ECONOMY SUPPLY OF ARIZONA

To operate a Business Radio Service Trunked
Station WMPG209 on Frequency 936.6625 MHz
at Litchfield, Arizona


WOUDENBERG ENTERPRISES

To operate a Business Radio Service Trunked
Station WPML205 on Frequency 936.6625 MHz
at Litchfield, Arizona


SUPERSHUTTLE OF ARIZONA

To operate a Business Radio Service Trunked
Station WPML227 on Frequency 936.6625 MHz
at Litchfield, Arizona


SECURITY ROOFING AND CONSTRUCTION

To operate a Business Radio Service Trunked
Station WPML233 on Frequency 936.6625 MHz
at Litchfield, Arizona


ARROWHEAD TOWING

To operate a Business Radio Service Trunked
Station WPML558 on Frequency 936.6625 MHz
at Litchfield, Arizona


BOBS BARRICADE, INC.

To operate a Business Radio Service Trunked
Station WPML562 on Frequency 936.6625 MHz
at Litchfield, Arizona


AKAI SECURITY, INC.

To operate a Business Radio Service Trunked
Station WPML205 on Frequency 936.6625 MHz
at Litchfield, Arizona

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Call Sign No. KNNR223





File No.018704






File No. A018705






File No. A018706






File No. A018707







File No. A018708








File No. A018709





File No. A018689






File No. A018690







File No. A018691






File No. A018693







File No. A018693






File No. A018694






File No. A018695






File No. A018696







File No. A018697






File No. A018697







File No. A018699






File No. A018700










File No. A018701






File No. A018702






File No. A018703






File No. A018712






File No. A018711






File No. A018639






File No. A018710






File No. A018716







File No. A018713






File No. A018714






File No. A019839






File No. A018715






File No. A023559






File No. A023560






File No. A023561






D111794






D111791






D111792




                    ORDER ON RECONSIDERATION

   Adopted:  February 24, 2000          Released:  February 29, 2000

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

                      I.Introduction
                                
1.In this Order on Reconsideration, we resolve four petitions for reconsideration (collectively, petitions)
filed by Rural Metro Corporation (Rural Metro).  For the following reasons, we deny the petitions and
affirm the decisions of the Licensing and Technical Analysis Branch (Branch) of the Public Safety and
Private Wireless Division of the Wireless Telecommunications Bureau (Bureau) denying Rural Metro's
waiver request and granting the above-captioned applications.
                                
                       II.background
3.Rural Metro was granted a new Conventional Business license for frequency 936.6625 MHz at Usery
Mountain, Arizona on May 10, 1996.  Rural Metro was assigned call sign KNNR223 for this station. 
On February 24, 1997, the Bureau's Consumer Assistance Branch requested information from Rural
Metro concerning the construction and operational status of Station KNNR223.  On June 24, 1997,
Rural Metro responded that it constructed and commenced operation of station KNNR223 on June 10,
1997.  On July 2, 1997, the Bureau's Informal Complaints and Public Inquiry Branch requested
confirmation that Rural Metro did not place Station KNNR223 in operation until June 10, 1997. 
                                
4.On July 17, 1997, Rural Metro notified the Bureau's Informal Complaints and Public Inquiry Branch
that Station KNNR223 was placed in operation on June 10, 1997.  In addition, Rural Metro requested
to retain the authorization for Station KNNR223.  Rural Metro explained that it was unaware of its
authority for Station  KNNR223 "until well into the term of the license."  Rural Metro asserts that
although it took immediate steps to construct and operate the system, it was unable to complete
construction in a timely manner.  Rural Metro further stated that it provides communications for
public safety entities of the City of Scottsdale, Arizona.  Specifically, Rural Metro indicates that it
provides communications for the Scottsdale Fire Department and the Enhanced 911 center for
                       Maricopa County.
                                
5.On October 7, 1997, the Branch notified Rural Metro that it was in violation of the Commission's Rules
because it failed to place its station in operation within eight months from the date of the license grant
and could not provide a commercial service to third parties for profit as a private mobile radio services
licensee.  On November 14, 1997, Rural Metro requested a waiver of Section 90.633 of the
Commission's Rules.  On February 5, 1998, the Branch effectively denied Rural Metro's request by
canceling the license for Station KNNR223 for failure to construct.  On February 12, 1998, the
Branch deleted Station KNNR223 from the Commission's database.
                                
6.On March 9, 1998, Rural Metro requested reconsideration of the cancellation of its license for Station
KNNR223.  In the alternative, Rural Metro requested that the effectiveness of the Branch's decision
be stayed and that it be permitted to assign the license for Station KNNR223 to the City of Scottsdale
or a related entity.  On March 16, 1998, Rural Metro notified the Licensing Division that it is a "fire
department which serves the fire safety needs of the City of Scottsdale."  Rural Metro further stated
that it was not using its license to "provide service to a third party;" rather it was providing emergency
services on a contract basis to the City of Scottsdale.  As a result, Rural Metro requested to retain the
                 license for Station KNNR223.
                                
7.On July 9, 1998, eight applications for Business Radio licenses were granted for frequency 936.6625 in
Litchfield, Arizona.  On August 7, 1998, Rural Metro sought reconsideration of the license grants
and dismissal of the applications. On July 10, 1998, thirteen applications for Business Radio licenses
were granted for frequency 936.6625 in Litchfield, Arizona.  On July 13, 1998, nine applications for
Business Radio licenses were granted for frequency 936.6625 in Litchfield, Arizona.  On August 7,
1998, one application for a Business Radio license was granted for frequency 936.6625 in Litchfield,
Arizona.  On August 10, 1998, Rural Metro sought reconsideration of the grant of licenses for
frequency 936.6625 MHz in Litchfield, Arizona from July 13, 1998 through August 10, 1998 and the
dismissal of the applications. Between August 31, 1998 and September 4, 1998, six applications were
granted for frequency 936.6625 in Litchfield, Arizona.  On September 30, 1998, Rural sought
reconsideration of the grant of licenses for frequency 936.6625 in Lichtfield, Arizona between August
               31, 1998 and September 4, 1998.
                                
                      VIII.discussion
9.Rural Metro requests reconsideration of the Branch determination that its license cancelled
automatically.  In 1997, section 90.633(c) of the Commission's Rules required licensees of
conventional systems to place their authorized facilities in operation not later than eight months after
the date of grant of the license for the system.  The license for Station KNNR223 was granted on
May 10, 1996, thus the station was required to be placed in operation no later than January 10, 1997. 
Clearly, Rural Metro did not place Station KNNR223 into operation within eight months.  In fact,
Rural Metro itself indicates that it did not place Station KNNR223 into operation until over a year
after the grant of the Station's license. When construction is not timely completed, the authorization
cancels automatically and must be returned to the Commission. Even if the license is not returned, it
is still cancelled.  Thus, Rural Metro's license cancelled due to its failure to timely construct the
                    authorized facilities.
                                
10.Further, the Commission has determined that a licensee who seeks an extension of time to construct
must file its waiver request prior to the cancellation of its license because the license cancels at the end
of the original construction deadline.  In this proceeding, Rural Metro did not request a waiver of its
construction deadline until November 14, 1997.  By such date, Rural Metro's license already had
automatically cancelled on January 10, 1997.  Consequently, we find that the Branch properly denied
                Rural Metro's waiver request.
                                
11.In addition, Rural Metro asserts that the public interest will be served by allowing it to retain the license
for station KNNR223.  Although Rural Metro asserts that it provides communications for public
safety entities of the City of Scottsdale, Arizona, Rural Metro fails to demonstrate that unique
circumstances are involved or that there is no reasonable alternative solution within the existing rules in
support of its waiver request.  Further, the purpose of the eight-month construction requirement is to
ensure that licensees actually use the spectrum that they are assigned.  Based on the record in this
proceeding, it appears that this spectrum laid fallow from May 10, 1996, when Rural Metro received
its grant, until June 10, 1997, when Rural Metro finally constructed its facilities.  
                                
12.Rural Metro also objects to the deletion of Station KNNR223 from the licensing database while its
petition for reconsideration was pending. We are not persuaded by this argument  A stay of an action
pending the disposition of a petition for reconsideration lies within the discretion of the delegated
authority.  In this context, the Branch decided not to stay the effectiveness of its decision.  Rural
Metro has not persuaded us that the Branch's decision was improper.

  13.     By deleting Station KNNR223 from the licensing database, the subject frequencies became available for
  assignment to other applicants.  As a result, thirty-seven licenses on the subject frequencies in the
  Lichtfield, Arizona were granted between July 9, 1998 and September 4, 1998.  Rural Metro argues that
  its petitions should have been resolved before the subject frequencies were made available for assignment. 
  However, as previously stated, Section 1.102 of the Commission's Rules gives the Branch the discretion
  to stay an action.  Because the Branch did not order a stay of the denial of Rural Metro's waiver request,
  the deletion of Station KNNR223 from the licensing database was proper.  Consequently, the grant of the
  licenses was proper.  Accordingly, we affirm the grant of the licenses issued between July 9, 1998 and
  September 4, 1998 for frequency 936.6625 MHz in Lichtfield, Arizona and deny the petitions. 

                   XIV.Ordering clauses
  9. IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended,
  47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R.  1.106, that the
  petition for reconsideration filed by Rural Metro Corporation on March 8, 1998, IS DENIED.

  10.     IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934,
  as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R. 
  1.106, that the petition for reconsideration filed by Rural Metro Corporation on August 7, 1998, IS
  DENIED.

  11.     IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934,
  as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R. 
  1.106, that the petition for reconsideration filed by Rural Metro Corporation on August 10, 1998, IS
  DENIED.

  12.     IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934,
  as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R. 
  1.106, that the petition for reconsideration filed by Rural Metro Corporation on September 30, 1998,
  IS DENIED.

  13.     This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
  Commission's Rules, 47 C.F.R.  0.131, 0.331.

                                                                      FEDERAL COMMUNICATIONS COMMISSION
                                                                          



                                                                 D'wana R. Terry
                                                                 Chief, Public Safety and Private Wireless Division
                                                                 Wireless Telecommunications Bureau