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

In re Application of                 )
                                     )     
CLEAR PAGING, INC.                   )     File No. 24361-CD-P/L-95
                                     )     
For a New Paging Service             )     
Facility to Operate on 931.6125 MHz at)
Fort Pierce, Florida                 )

                                   ORDER

   Adopted:  November 19, 1997                     Released:  November 19, 1997

By the Chief, Commercial Wireless Division:

        1.   By this action, the Commercial Wireless Division denies Clear Paging, Inc.'s ("Clear")
petition for reconsideration ("Petition") of the grant by the Licensing and Technical Analysis Branch
(formerly Narrowband Branch) of its application for a new paging facility on frequency 931.6125 MHz
at Fort Pierce, Florida. 

        2.  On December 27, 1994, Clear filed an application for a new paging service facility to operate
on frequency 931.6125 MHz at Fort Pierce, Florida.  The Licensing and Technical Analysis Branch
granted Clear a construction permit for a new paging facility to operate on frequency 931.6625 MHz as
Clear's requested frequency was unavailable.  On June 13, 1996, Clear filed its Petition seeking
reconsideration of the assigned frequency, and requested assignment of its preferred frequency, 931.6125
MHz.    

        3.  Section 22.31(b)(2)(i) of the Commission's rules requires an applicant to file its application
within sixty days of the public notice listing the first of the conflicting applications as accepted for filing. 
In response to Clear's Petition, the Licensing and Technical Analysis Branch determined that Clear's
preferred frequency had already been assigned to Airtouch Paging, whose application was filed on
November 23, 1990.  Airtouch Paging's application was accepted for filing on December 12, 1990.  
Since Clear's application was received after the filing window closed, the available frequency was
assigned to an applicant in the earlier filing window.  

        4.  Additionally, applicant's are not entitled to their requested frequency.  Section 22.501(p)(2)
allows an applicant to specify a frequency.  However, the Commission is not bound by such requests. 
Accordingly, we deny Clear's Petition.

        5.   Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications
Act, as amended, 47 U.S.C.  154(i) and 405, authority delegated by Sections 0.331 of the
Commission's rules, 47 C.F.R.  0.331, and pursuant to  1.106 of the Commission's rules, 47 C.F.R.
 1.106, the Petition for Reconsideration filed on June 13, 1996, by Clear Paging, Inc. IS DENIED.

        FEDERAL COMMUNICATIONS COMMISSION



        David L. Furth
        Chief, Commercial Wireless Division
        Wireless Telecommunications Bureau