******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Supreme Radio Communications, Inc. ) File No. 96F069 ) Finder's Preference Request ) For Station WPCN273 ) Licensed to Jimmy D. Risley at ) Sallisaw, OK ) ) MEMORANDUM OPINION AND ORDER Adopted: November 18, 1999 Released: November 18, 1999 1. On January 6, 1997, Daniel R. Goodman (Goodman), the court appointed receiver for numerous 800 MHz licensees, filed a petition for reconsideration (Petition) on behalf of Jimmy D. Risley (Risley), licensee of Specialized Mobile Radio (SMR) Station WPCN273. Mr. Goodman asked for reconsideration of a decision by the Wireless Telecommunications Bureau's Office of Operations granting an award of a finder's preference to Supreme Radio Communications, Inc. (Supreme). For the reasons discussed below, Mr. Goodman's petition for reconsideration of the Office of Operations Decision is dismissed. We further dismiss as moot a petition to deny filed by Mr. Goodman against Supreme's application for the awarded frequency. We also dismiss a motion to dismiss the finder's preference award filed by George M. Bigg, Columbia Communications, Inc. 2. Supreme filed a finder's preference request for frequency 851.1375 MHz against Station WPCN273 on November 20, 1995. On October 23, 1996, the Office of Operations cancelled the authorization and awarded a finder's preference to Supreme after it presented evidence that the station had not been timely constructed. Goodman filed his Petition on January 6, 1997, forty-four days late. 3. Although we do not rule on Mr. Goodman's status as a party in this proceeding, we note that the Petition was filed forty-four days after the 30-day statutory deadline for filing a petition for reconsideration. Therefore, the Petition was untimely filed as set forth in section 405 of the Communications Act, as amended. Section 405 provides for a thirty-day period in which to file a petition for reconsideration. Therefore, we dismiss Mr. Goodman's petition for reconsideration and affirm the award of a finder's preference to Supreme for frequency 851.1375 MHz, Station WPCN273. We also therefore dismiss the petition to deny filed by Mr. Goodman against Supreme's application for the awarded frequency as moot. Finally, although we do not rule on Mr. Bigg's status as a party in this proceeding, we note that his motion to dismiss, filed January 28, 1997, was also untimely filed and is therefore hereby dismissed. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.331 and 1.106, the Petition for Reconsideration, filed by Daniel R. Goodman in Finder's Preference Case No. 96F069 IS DISMISSED. 5. IT IS FURTHER ORDERED that, George M. Bigg's motion to dismiss in Finder's Preference Case No. 96F069 IS DISMISSED. 6. IT IS FURTHER ORDERED that, the petition to deny filed by Daniel R. Goodman against the application filed by Supreme Radio Communications, Inc., for the awarded frequency IS DISMISSED as moot. 7. IT IS FURTHER ORDERED that, the award of a finder's preference to Supreme Radio Communications, Inc., for frequency 851.1375 MHz, (SMR) Station WPCN273, Sallisaw, OK, IS AFFIRMED. Federal Communications Commission William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau