******************************************************** 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 ) ) Ivan Brisbin ) (Call Sign WPCB813) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER ON RECONSIDERATION Adopted: January 13, 2000 Released: January 14, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. We have before us a Petition for Reconsideration (Petition), filed by Ivan Brisbin (Brisbin) on September 11, 1998, of the Licensing and Technical Analysis Branch's denial of his request for waiver of section 90.149(a) of the Commission's rules in connection with his untimely request for reinstatement of his expired Specialized Mobile Radio (SMR) license. Section 90.149(a) provides that licensees shall have an additional 30 days after the expiration of the license term to apply for reinstatement of expired licenses, and Brisbin filed his request for reinstatement after the end of the applicable additional 30-day period. However, Brisbin timely constructed his authorization and is currently providing service. We therefore grant his Petition and, accordingly, grant his requested waiver and reinstate his license. 2. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and sections 1.106 and 1.925 of the Commission's rules, 47 C.F.R.  1.106, 1.925, the Petition for Reconsideration filed by Ivan Brisbin on September 11, 1998 IS GRANTED. 3. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R.  0.331, 1.925, the request for waiver of section 90.149(a) of the Commission's rules filed by Ivan Brisbin on June 29, 1998 IS GRANTED. 4. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the station authorization held by Ivan Brisbin, Call Sign WPCB813, IS HEREBY REINSTATED. 5. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Request for Confidential Treatment filed by Ivan Brisbin on September 11, 1998 IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau