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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554



In the Matter of                             )
                                   )
YOUNGSTOWN RADIO SERVICE, INC.          )    
                                   )    File No. D034214
                                   )
Request for Waiver of Modification Procedures          )
To Relocate 220 MHz Non-Nationwide License        )
WPCC812, Youngstown, Ohio                    )

                             ORDER 

     Adopted:  January 12, 2000         Released:  January 12, 2000

By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

1.     We have before us a request for a waiver of section 90.755 of the Commission's rules filed by
Lanty L. Smith (Smith) for a Phase I non-nationwide 220 MHz license call sign WPCC812 in
Youngstown, Ohio.   For the reasons discussed below, we dismiss Smith's waiver request. 

2.     On April 22, 1993, Smith was granted a license to operate a Phase I non-nationwide 220 MHz
system under call sign WPCC812 in Youngstown, Ohio, at latitude 41§03'28" N. and longitude 80§38'42"
W. (original site).  Pursuant to the 220 MHz Second Report and Order, a non-nationwide 220 MHz
licensee could apply, within a certain limited time period, to modify its authorization in order to relocate its
base station.  Smith filed a modification application to relocate to latitude 41§04'50" N. and longitude
80§38'54" W. (modified site).  On June 4, 1996, the Commission staff granted Smith's modification
application.  In a letter dated August 16, 1996, however, Smith notified the Commission staff that in the
interim period between filing his application and when it was granted, the modified site became
unavailable. Smith stated that space was available at the original site and requested a waiver of the
modification procedures to relocate back to the original site.

3.     On January 8, 1998, Smith assigned his license for Station WPCC812 to Youngstown Radio
Service, Inc. (Youngstown Radio).  In order to determine if Smith's waiver request was still active, the
Commission staff sent a letter dated June 1, 1998, to Youngstown Radio, requesting that it indicate if it
wished to pursue Smith's request of August 16, 1996.  When no answer was forthcoming, the Commission
staff sent a second request to Youngstown Radio, dated July 20, 1998, specifically stating that if the
Commission did not receive a response within five business days, the request for waiver would be
dismissed for failure to prosecute.  To this date, no answer has been received by the Commission. 
Therefore, we will dismiss Smith's request for a waiver of the modification procedures for failure to
prosecute, pursuant to section 90.161(b)(4) of the Commission's rules.

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), 405, and sections 0.331 and 90.161(b)(4) of the
Commission's rules, 47 C.F.R.  0.331, 90.161(b)(4), the request for a waiver filed by Lanty L. Smith on
August 16, 1996, is HEREBY DISMISSED for failure to prosecute.


                              FEDERAL COMMUNICATIONS COMMISSION
     


     
                              William W. Kunze
                              Deputy Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau