*Pages 1--2 from Microsoft Word - 23829.doc* Federal Communications Commission DA 02- 3498 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of MBO Wireless, Inc. Requests for Extension of Special Temporary Authority to Operate PCS F Block License WPSM237 (formerly KNLF925), BTA311, Muskogee, Oklahoma and PCS C Block License WPSM240 (formerly KNLF591), BTA433 Stillwater, Oklahoma ) ) ) ) ) ) ) ) ) ) File Nos. 0000914447 0000914469 ORDER Adopted: December 18, 2002 Released: December 19, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we address the Requests for Extension of Special Temporary Authority (“ STA Extension Requests”) filed by MBO Wireless, Inc. (“ MBO”) on December 11, 2002. MBO requests that the Commission extend the Special Temporary Authority granted to MBO to allow it to continue operating under PCS F Block License WPSM237 (formerly KNLF925), BTA311, Muskogee, Oklahoma (“ Muskogee BTA”) and PCS C Block License WPSM240 (formerly KNLF591), BTA433, Stillwater, Oklahoma (“ Stillwater BTA”). 1 Subject to the terms and conditions set forth herein, we grant MBO’s STA Extension Requests. 2. Pursuant to section 309( f) of the Communications Act of 1934, as amended, 2 and section 1.931( a)( 3) of the Commission's rules, 3 the Commission may grant extensions of Special Temporary Authority for a period of 180 days upon a showing of extraordinary circumstances. 3. Because MBO has numerous customers currently receiving service 4 and its Petition for Reinstatement, filed April 26, 2001, is still pending, we find that granting an extension of Special 1 See MBO Wireless, Inc., Requests for Special Temporary Authority to Operate PCS F Block License KNLF925, BTA311, Muskogee, Oklahoma and PCS C Block License KNLF591, BTA433, Stillwater, Oklahoma, Order, 16 FCC Rcd 12, 390 (2001) (“ MBO Order”); MBO Wireless, Inc., Requests for Extension of Special Temporary Authority to Operate PCS F Block License KNLF925, BTA311, Muskogee, Oklahoma and PCS C Block License KNLF591, BTA433, Stillwater, Oklahoma, Order, 16 FCC Rcd 22, 453 (2001) (“ MBO Extension Order I”); MBO Wireless, Inc., Requests for Extension of Special Temporary Authority to Operate PCS F Block License KNLF925, BTA311, Muskogee, Oklahoma and PCS C Block License KNLF591, BTA433, Stillwater, Oklahoma, Order, 17 FCC Rcd 11, 257 (2002) (“ MBO Extension Order II”). 2 47 U. S. C. § 309( f). 3 47 C. F. R. § 1.931( a)( 3). 4 In its original Requests for Special Temporary Authority, MBO stated that it provides service to approximately 650 customers in the Muskogee and Stillwater BTAs. See Requests for Special Temporary Authority filed by MBO Wireless, Inc. on March 29, 2001 at 1. See also MBO Order at ¶ 3. 1 Federal Communications Commission DA 02- 3498 2 Temporary Authority is warranted under the circumstances. Special Temporary Authority is granted for the lesser of: (i) 180 days from the release of this Order; or (ii) the release of the Commission’s decision concerning MBO’s Petition for Reinstatement (“ STA Period”). After the expiration of the STA Period, MBO will not be authorized to provide further service and shall cease any and all operations in the Muskogee and Stillwater BTAs. Any continued operation following the expiration of the STA Period will be unauthorized in violation of Section 301 of the Communications Act of 1934, 5 as amended. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4( i) and 309( f) of the Communications Act, as amended, 47 U. S. C. §§ 154( i), 309( f), and sections 0.331 and 1.931( a)( 3) of the Commission's rules, 47 C. F. R. §§ 0.331, 1.931( a)( 3), the Requests for Extension of Special Temporary Authority filed by MBO Wireless, Inc. on December 11, 2002 ARE HEREBY GRANTED, subject to the terms and conditions set forth herein. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 5 47 U. S. C. § 301. 2