******************************************************** 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 re Application of ) ) AIRTOUCH PAGING, INC. ) File No. 27617-CD-P/ML-93 ) Application to Modify Public Mobile Radio ) Service License ) KNKL960, Issaquah, WA ) ORDER ON RECONSIDERATION Adopted: November 17, 1997 Released: November 17, 1997 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order on Reconsideration, we grant the Petition for Reconsideration (Petition) filed by Metrocall, Inc. (Metrocall), on September 9, 1994, seeking review of the grant of the application of AirTouch Paging, Inc. (AirTouch) for a new base station facility on frequency 931.1625 MHz at Issaquah, Washington. We conclude that Metrocall has demonstrated that frequency 931.1625 MHz was assigned to AirTouch in error and that reconsideration of the grant of AirTouch's application is warranted. Accordingly, we grant Metrocall's Petition, rescind the grant of AirTouch's application and return it to pending status. 2. AirTouch filed the above-captioned application for a new base station facility on frequency 931.3125 MHz at Issaquah, Washington. It was determined that frequency 931.3125 MHz could not be assigned to AirTouch because of the existence of a nearby facility of Ten Four Communications, Inc., on that same frequency at Seattle, Washington. Frequency 931.1625 was identified as an alternate frequency and assigned to AirTouch and AirTouch's application was granted on August 10, 1994. 3. Metrocall timely-filed its Petition on September 9, 1994, alleging that assignment of frequency 931.1625 MHz to AirTouch for a new base station facility at Issaquah, Washington, would cause harmful interference to Metrocall's existing licensed facilities (KNKL244) on frequency 931.1625 MHz at Seattle, Washington, approximately 20 miles away, in violation of Section 22.503(d) of the Commission's rules. Metrocall also argues that allowing AirTouch to operate on frequency 931.1625 MHz at Issaquah, Washington, would also cause it to lose paging customers and suffer economic harm. 4. We agree with Metrocall that assignment of frequency 931.1625 MHz to AirTouch at Issaquah, Washington, was inconsistent with our rules. Section 22.503(d) provides that there must be a minimum of 70 miles co-channel separation between 931 MHz paging facilities. In this case, AirTouch's proposed facility at Issaquah, Washington, is approximately 20 miles from Metrocall's licensed facility at Seattle, Washington, and would operate on the same frequency. Given these facts, we find that assignment of frequency 931.1625 MHz to AirTouch was in error. Therefore, we rescind the grant of frequency 931.1625 MHz to AirTouch, and we return AirTouch's application to pending status. We shall determine whether any other available frequencies may be assigned to AirTouch. 5. 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) and 405, and Section 1.106 of the Commission's rules, 47 C.F.R.  1.106, IT IS ORDERED that the Petition for Reconsideration filed by Metrocall, Inc., on September 9, 1994, IS GRANTED. 6. IT IS FURTHER ORDERED that the grant of the application (File No. 27617-CD-P/ML-93) of AirTouch Paging, Inc., for new base station facilities on frequency 931.1625 MHz for use with Public Mobile Service License KNKL960 IS RESCINDED. 7. This action is taken pursuant to delegated authority as set forth in Section 0.331 of the Commission's rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau