******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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 ) ) ) McElroy Electronics Corporation ) CWD No. 98-4 ) ) Request for Extension of Time to Complete) Construction of Cellular System for ) Market No. 0015-A2, Minneapolis-St. Paul,) MN/WI ) ) ) ORDER Adopted: March 13, 1998 Released: March 13, 1998 By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order, we partially grant McElroy Electronics Corporation's ("McElroy") Request for Extension of Time to complete construction of cellular Station KNKR320, Minneapolis-St. Paul (Market No. 0015-A2). 2. In its Request for Extension of Time, filed on February 27, 1998, McElroy states that it has completed construction at two of its three authorized sites in Market 0015-A2 and is prepared to commence operation at these two sites. However, according to McElroy, construction on the third site, Monticello, remains incomplete due to uncertainty surrounding the nature of permissible construction at the site. Specifically, McElroy states that the adjacent carrier, AT&T Wireless Services of Minnesota, Inc. ("AT&T"), is using narrow beam antennas directed between the cardinal radials to provide service in McElroy's service area, and that McElroy has requested the Commission to clarify whether the use of such antennas in this manner is lawful. McElroy maintains that construction at the Monticello site would be "futile" and "wasteful" unless and until the Commission acts on this request, which has been pending since October 17, 1997. McElroy requests an extension of time to complete construction at the Monticello site "until and including sixty days from the date the Commission either rules on the propriety of the use of narrow beam antennas directed between the cardinal radials, or grants McElroy's pending major modification application, whichever comes earlier." 3. On March 5, 1998, AT&T filed an opposition to McElroy's Request for Extension of Time, arguing that McElroy's request does not meet the standard for an extension of time under the Commission's rules. AT&T contends that the Commission may grant an extension only if the licensee demonstrates that construction is not complete due to circumstances beyond its control. According to AT&T, McElroy has not constructed at the Monticello site because it was awaiting a decision by the Commission on the propriety of the use of narrow beam antennas, and this was a voluntary choice -- not a circumstance beyond McElroy's control. AT&T further argues that McElroy knew of AT&T's use of narrow beam antennas as early as 1992 and did not object to the use of them at that time, and therefore it may not now cite this use as a justification for its failure to meet its construction deadline. 4. We are persuaded that granting McElroy an extension of time to construct is appropriate in light of the unique circumstances it has presented, and we will issue an order in the near future explaining this decision. We will grant McElroy thirty (30) days beyond the release of such order to construct Station KNKR320. 5 Accordingly, IT IS ORDERED that McElroy's Request for Extension of Time to Complete Construction of Cellular System for Market No. 0015-A2, Minneapolis-St. Paul, IS GRANTED TO THE EXTENT INDICATED HEREIN. 6 IT IS FURTHER ORDERED that the foregoing extension is limited to a period of thirty (30) days from the date of the release of our subsequent order relating hereto. 7 This action is taken pursuant to authority delegated by section 0.331 of the Commission's rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Acting Chief, Commercial Wireless Division Wireless Telecommunications Bureau