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 Federal  Communications  Commission  DA  01-  2197 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Western  Communications,  Inc. 
 Request  for  Waiver  of  Rule  Section  1.949  to 
 Reinstate  License  for  800  MHz  Trunked 
 Specialized  Mobile  Radio  Service  Station 
 WNGC384  at  Lead,  South  Dakota 


 )  ) 
 )  ) 
 )  ) 
 )  ) 


 Reference  No.  7110-  19 


 ORDER 
 Adopted:  September  19,  2001  Released:  September  20,  2001 
 By  the  Deputy  Chief,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  On  August  10,  2001,  the  Commercial  Wireless  Division  (“  Division”)  of  the  Wireless 
 Telecommunications  Bureau  released  an  Order  1  reversing  the  June  26,  2000  decision  of  the  Licensing  and 
 Technical  Analysis  Branch  authorizing  the  late-  filed  reinstatement  of  expired  Specialized  Mobile  Radio 
 Service  (“  SMR”)  license  held  by  Western  Communications,  Inc.  (“  Western”)  for  station  WNGC384  at 
 Lead,  South  Dakota.  The  Division  Order  stated  that  the  five  recovered  channels  associated  with  call  sign 
 WNGC384  at  861-  865.73750  MHz  automatically  reverted  to  Nextel  License  Acquisition  Corp. 
 (“  Nextel”),  the  holder  of  the  Economic  Area  license.  2 


 2.  The  Division  Order  granted  Special  Temporary  Authority  (“  STA”)  to  Western  to 
 transition  its  current  subscribers  using  the  facilities  licensed  under  call  sign  WNGC384.  3  Following 
 release  of  the  Division  Order,  we  determined  that  WNGC384  had  been  previously  assigned  to  Michael  A. 
 Lees  (“  Lees”),  who  is  now  the  current  licensee,  pursuant  to  Commission  authority.  4  This  Order  grants  the 
 STA  to  Lees  for  the  lesser  of  90  days  or  until  Lees  is  notified  by  Nextel  that  it  is  ready  to  provide  service 
 in  the  area  previously  served  by  Western  (“  STA  Period”).  After  the  expiration  of  the  STA  Period,  5  Lees 
 will  not  be  authorized  to  provide  service  on  the  channels  associated  with  WNGC384. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i)  and  309(  f)  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  309(  f),  and  Section  1.931(  a)  of  the 
 Commission’s  rules,  47  C.  F.  R.  §  1.  931(  a),  Special  Temporary  Authority  IS  GRANTED  to  Michael  A. 
 Lees,  subject  to  the  terms  set  forth  herein. 


 1  Western  Communications,  Inc.,  Request  for  Waiver  of  Rule  Section  1.  949  to  Reinstate  License  for  800 
 MHz  Trunked  Specialized  Mobile  Radio  Service  Station  WNGC384  at  Lead,  South  Dakota,  Order,  DA  01-  1904 
 (rel.  Aug.  10,  2001)  (“  Division  Order”). 
 2  Division  Order  at  ¶  6. 


 3  Division  Order  at  ¶  8. 
 4  See  File  No.  D146304.  We  note  that  Lees  is  the  President  of  Western  Communications,  Inc. 
 5  Lees  may  seek  an  extension  of  the  STA,  which  the  Commission  will  consider  under  the  applicable 
 standards. 
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 Federal  Communications  Commission  DA  01-  2197 
 2 
 FEDERAL  COMMUNICATIONS  COMMISSION 
 Katherine  M.  Harris 
 Deputy  Chief,  Commercial  Wireless  Division 
 Wireless  Telecommunications  Bureau 
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