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 Federal  Communications  Commission  FCC  01-  16 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  ) 
 )  HOUSTON  936  SMR,  INC.  ) 


 )  Request  for  Waiver  of  Construction  Requirement  ) 
 For  900  MHz  MTA  License,  )  Call  Sign  KNNY  252,  Houston,  Texas  ) 
 ) 
 MEMORANDUM  OPINION  AND  ORDER 


 Adopted:  January  16,  2001  Released:  January  23,  2001 
 By  the  Commission: 
 1.  The  Commission  has  before  it  an  Application  for  Review,  filed  on  September  30,  1999,  by  Houston  936  SMR,  Inc.  (Houston).  1  Houston  seeks  review  of  an  order  by  the  Chief,  Policy  and  Rules 
 Branch  (Branch),  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau  denying  Houston’s  Request  for  Waiver  of  Construction  Requirement  For  900  MHz  MTA  License,  Call  Sign  KNNY  252, 
 Houston,  Texas.  2 
 2.  Houston  presents  no  new  arguments  in  its  Application  for  Review,  and  we  see  nothing  in  the 
 arguments  Houston  has  made  that  would  lead  us  to  change  the  Branch's  decision.  We  note  that  since  it 
 filed  its  request  with  the  Branch  for  extension  of  the  three-  year  buildout  deadline,  Houston  has  elected  to 
 provide  "substantial  service"  at  the  five-  year  mark,  thus  obviating  the  need  for  the  extension  of  the  earlier 
 deadline.  To  the  extent  that  Houston  also  sought  an  extension  by  the  Branch  of  its  five-  year  deadline, 
 which  falls  on  August  12,  2001,  we  conclude  that  Houston  failed  to  show  that  compliance  with  the 
 requirement  is  impracticable  or  that  a  waiver  would  otherwise  be  in  the  public  interest.  We  therefore 
 affirm  the  Branch's  decision  for  the  reasons  stated  therein. 


 3.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Section  5(  c)(  5)  of  the  Communications  Act,  as  amended,  47  U.  S.  C.  §  155(  c)(  5),  and  Section  1.115(  g)  of  the  Commission's  rules,  47  C.  F.  R.  § 
 1.115(  g),  the  Application  for  Review  filed  by  Houston  936  SMR,  Inc.  on  September  30,  1999,  in  the  above-  captioned  proceeding  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Magalie  Roman  Salas  Secretary 
 1  Application  for  Review  of  Houston  936  SMR,  Inc.,  filed  September  30,  1999. 
 2  See  In  the  Matter  of  Houston  936  SMR,  Inc.,  Memorandum  Opinion  and  Order,  15  FCC  Rcd.  6722  (WTB  1999). 
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