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 Federal  Communications  Commission  DA  00-  58  Before  the 
 Federal  Communications  Commission  Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Daniel  Weisenbach  )  (Call  Sign  WPCE738)  ) 
 )  Hope  Hanson  ) 
 (Call  Sign  WPCA847)  )  ) 
 Loreen  Hansen  )  (Call  Sign  WPBU683)  ) 
 )  Charles  Mossley  ) 
 (Call  Sign  WPCG760)  )  ) 
 Hattie  and  DS  Gilley  )  (Call  Sign  WPCF938)  ) 
 )  Lubbock  SMR,  Inc.  ) 
 (Call  Signs  WPCM568  and  WPDC538)  )  ) 
 Wayne  Lamb  )  (Call  Sign  WPDW351)  ) 
 )  Requests  for  Waiver  of  Section  90.149(  a)  ) 
 of  the  Commission's  Rules  ) 


 ORDER 
 Adopted:  January  13,  2000  Released:  January  14,  2000 
 By  the  Deputy  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 


 1.  We  have  before  us  requests  for  waiver  of  section  90.149(  a)  of  the  Commission's  rules  1  filed  by  the  above-  captioned  licensees,  all  of  whom  filed  untimely  requests  for  reinstatement  of  their  expired 
 Specialized  Mobile  Radio  (SMR)  licenses.  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,  2  and  the  above-captioned 
 licensees  all  filed  their  requests  for  reinstatement  after  the  end  of  the  applicable  additional  30-  day  period.  None  of  the  licensees  describes  unique  circumstances  that  would  justify  granting 


 1  47  C.  F.  R.  §  90.149(  a)  (1998). 
 2  Id.  We  note  that  section  90.149(  a)  (1998),  in  effect  at  the  time  the  waiver  requests  were  filed,  expressly 
 provided  that  a  license  automatically  cancels  if  no  timely  reinstatement  request  is  filed. 
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 Federal  Communications  Commission  DA  00-  58 
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 the  waiver  requests,  and  we  therefore  deny  them.  3 
 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  0.331  and  90.151  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.331, 
 90.151,  the  requests  for  waiver  filed  by  the  above-  captioned  licensees  ARE  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Suzan  Friedman  Deputy  Chief,  Policy  and  Rules  Branch 
 Commercial  Wireless  Division  Wireless  Telecommunications  Bureau 


 3  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  deny  the  instant  waiver  requests  under  the  revised  rule  as  well. 
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