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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554
                                     
In re Application of                         )
                                   )
DAVID J. TEAT                      )    File No. D034102
                                   )    
Request for Extension of Construction Deadline         )
220 MHz Non-Nationwide License               )
WPFM981, Knoxville, Tennessee           )

                             ORDER

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

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

1.     Before us is a request filed by David J. Teat (Teat) for extension of the construction deadline
for his non-nationwide Phase I 220 MHz license, call sign WPFM981, in Knoxville, Tennessee.   We find
that Teat has failed to demonstrate that extension of the construction deadline for WPFM981 is warranted. 
Accordingly, we will deny his request and cancel his license for failure to construct.

2.     When the Commission initially authorized non-nationwide Phase I 220 MHz licenses, the
licensee was required to have constructed, and placed into operation, its base station within eight months of
receiving its license.  The Wireless Telecommunications Bureau (Bureau), however, extended the
construction deadline for non-nationwide 220 MHz licenses on several occasions for a variety of reasons. 
Eventually, those non-nationwide 220 MHz licensees who elected to modify their authorizations pursuant
to the 220 MHz Second Report and Order, were required to have constructed by August 15, 1996.  This
deadline was also extended automatically by the number of days after June 1, 1996, that passed before a
licensee's timely filed modification application was actually granted.

3.     On August 22, 1994, Teat was granted a license to operate a 220 MHz non-nationwide system
under call sign WPFM981 in Knoxville, Tennessee.  The original construction deadline for Teat's license
was April 22, 1995, but as mentioned above, this deadline was extended for all 220 MHz non-nationwide
licenses on a number of occasions.  Pursuant to the 220 MHz Second Report and Order, Teat requested
and was granted a modification of his license which extended the final construction deadline for his system
to October 8, 1996.  At no time prior to this date did Teat request a further extension.  On October 8, 1996,
the Commission sent Teat a computer generated letter stating that the construction deadline for WPFM981
had lapsed and requesting that Teat supply an update on the status of construction within thirty days.

4.     In his response filed October 17, 1996, Teat maintains that he has had difficulty constructing
his system.  Specifically, Teat states that he had difficulties with the management company he hired to
build out his system as well as difficulty locating equipment and financing.  Teat admits that he should
have "become more active earlier" and states that "[t]he pieces didn't fall together until about five days
before [the] construction deadline of October 8, 1996," when, among other things, he negotiated a lease and
ordered and paid for equipment.  Teat requests that his "efforts to date be construed as sufficient to
maintain [his] license."
          
5.     We find that no special circumstances exist to warrant an extension of the construction
deadline for WPFM981.  By his own admission, Teat did not actively pursue the construction of his system
and did not begin to make any serious progress until immediately prior to the construction deadline. 
Because the construction deadline was extended on several occasions, Teat eventually had more than two
years from the grant date to construct his system.  He fails to demonstrate why he should be granted more
time to construct than other 220 MHz non-nationwide licensees were given.  We do not find merit in Teat's
contention that he relied upon a third party management company that allegedly delayed construction. 
Under the doctrine of respondeat superior, the licensee as a principal is responsible for the acts of the
management company, its agent.  Therefore, Teat may not rely on his agent's alleged mismanagement to
support extension of the construction deadline.  In addition, we note that Teat made no attempt to request
an extension prior to the final construction deadline.  Therefore, we deny Teat's request for extension and
we cancel his license for failure to construct.

6.     Accordingly, pursuant to our authority under 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 90.725(f) of the Commission's
rules, 47 C.F.R.  0.331, 90.725(f), IT IS ORDERED that the request for extension of the construction
deadline for license WPFM981 IS DENIED and license WPFM981 IS HEREBY CANCELLED.


                              FEDERAL COMMUNICATIONS COMMISSION


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