*Pages 1--2 from Microsoft Word - 16279* Federal Communications Commission DA 00- 249 ______________________________________________________________________________ Before the Federal Communications Commission Washington, D. C. 20554 In re Applications of ) ) File Nos. 03373 – 03384- CL- TC- 98 Puerto Rico Telephone Authority ) 50516 – 50517- CW- TC- 98 Transferor, ) 0000001430 ) 22760 – 22761- CR- TC- 98 and ) 9713708 ) 9713707 GTE Holdings (Puerto Rico) LLC, ) 910998 Transferee, ) 1330- DSE- TC- 98 ) ITC- T/ C- 19980902- 00605 For Consent to Transfer Control of ) Licenses and Authorization Held by ) Puerto Rico Telephone Company and ) Celulares Telefonica, Inc. ) ORDER ON RECONSIDERATION Adopted: February 17, 2000 Released: February 17, 2000 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On February 12, 1999, pursuant to sections 214 and 310( d) of the Communications Act of 1934, as amended (“ the Act”), 1 the Commission granted the applications of the Puerto Rico Telephone Authority (PRTA) and GTE Holdings (Puerto Rico) LLC (GTE Holdings), for consent to the transfer of control of certain wireless telecommunications licenses and an authorization to provide international resale service held by PRTA’s wholly- owned subsidiaries, Puerto Rico Telephone Company (PRTC) and Telefonica de Puerto Rico, Inc. (TRPI), from PRTA to GTE Holdings, which is a wholly- owned subsidiary of GTE Corporation. 2 On June 8, 1999, petitioners 3 filed the subject petition for reconsideration (the “petition”) of the Commission’s grant. 2. As noted, the petition was filed on June 8, 1999. However, the Grant- Order was released on February 12, 1999. Pursuant to section 405 of the Communications Act and section 1.106 of the Commission’s rules, 4 a petition for reconsideration must be filed within thirty days from the date of public notice of the action in question. Pursuant to section 1.4( b) of the Commission’s rules, 5 the release 1 47 U. S. C. §§ 214, 310( d). 2 Puerto Rico Telephone Authority and GTE Holdings, Memorandum Opinion and Order (Grant- Order), 14 FCC Rcd. 3122 (1999). 3 The petitioners are the (1) Asociacion Bonafide de Empleados Telefonicos Gerenciales, (2) Hermandad Independiente de Empleados Telefonicos, (3) Carlos Vizcarondo Irizarry, Member of the House of Representative of the Commonwealth of Puerto Rico, and (4) Union Independiente de Empleados. 4 47 U. S. C. § 405; 47 C. F. R. § 1.106. 5 47 C. F. R. § 1.4( b)( 2). 1 Federal Communications Commission DA 00- 249 2 date of non- rulemaking documents is considered the date of public notice, unless otherwise provided. In this case, as the Grant- Order involved no rulemaking matter, its release date -- February 12, 1999 -- is the date of public notice. Therefore, a petition for reconsideration of that action must have been filed by March 15, 1999. 6 Since petitioners filed their petition late, it is procedurally defective under the Communications Act and the Commission’s rules, and we will not address the merits. 3. Accordingly, IT IS ORDERED that, pursuant to the authority of sections 4( i), 303( r), and 405 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 303( r), 405, and section 1.106 of the Commission’s rules, 47 C. F. R. § 1.106, the petition for reconsideration filed by the Asociacion Bonafide de Empleados Telefonicos Gerenciales, Hermandad Independiente de Empleados Telefonicos, Carlos Vizcarondo Irizarry, Member of the House of Representative of the Commonwealth of Puerto Rico, and Union Independiente de Empleados Telefonicos, on June 8, 1999, IS DISMISSED. 4. 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 Jeffrey S. Steinberg Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau 6 We note that March 14, 1999, fell on a Sunday. See 47 C. F. R. § 1.4( j). 2