******************************************************** 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 ) ) AMERICAN PAGING, INC. ) File No. 22914-CD-P/L-95 ) Application to Modify Public Mobile Radio ) Service License - KNLP265, Tacoma, 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 deny the Petition for Reconsideration (Petition) filed by American Paging, Inc. (API), on March 15, 1996, seeking review of the grant on frequency 931.5875 MHz of API's application for a new base station facility for use with Public Mobile Service License KNLP265, Tacoma, Washington. We conclude that API has failed to demonstrate that frequency 931.5875 MHz was assigned in error or that reconsideration of the grant of its application is warranted. Accordingly, we deny API's Petition. 2. On November 14, 1994, API filed the above-captioned application for new base station facility on frequency 931.1125 MHz at Tacoma, Washington. At the time API's application was filed, the Commission had on file an application filed on July 6, 1993, by Kwik-Page Communications, Inc. (Kwik- Page) for a new base station facility on frequency 931.6625 MHz at Issaquah, Washington. Frequency 931.6625 MHz could not be assigned to Kwik-Page because that frequency had been set aside by international treaty for use by Canadian licensees and cannot be used by U.S. licensees near the Canadian border. Frequency 931.1125 MHz was identified as an alternative frequency for assignment to Kwik- Page and its application was later granted on January 31, 1996. Because frequency 931.1125 MHz was identified as an alternative frequency for assignment to Kwik-Page, it could not be assigned to API and API's application was granted on February 14, 1996, with alternate frequency 931.5875 MHz. 3. API believes that, through a data entry error, Kwik-Page's application was processed by the Commission for "any non-requested 931 MHz frequency" when, in fact, it actually requested frequency 931.6625 MHz. API contends that correct processing of Kwik-Page's application would have resulted in a grant of frequency 931.6625 MHz to Kwik-Page and frequency 931.1125 MHz to API. API requests that the Commission reconsider its action and assign it frequency 931.1125 MHz at Tacoma, Washington. 4. We have reviewed API's Petition and we find that it should be denied. API could not be assigned its requested frequency of 931.1125 MHz at Tacoma, Washington, because that frequency was identified as an alternative frequency for Kwik-Page's proposed facility at Issaquah, Washington. Therefore, API properly received alternate frequency 931.5875 MHz. The Commission is not bound to assign the frequency requested by 931 MHz paging applicants and may assign any available frequency. 5. We disagree with API's contention that the original grant of frequency 931.1125 MHz to Kwik-Page was in error. Kwik-Page's requested frequency, 931.6625 MHz, could not be assigned because it had been set aside by international treaty for use by Canadian licensees. Therefore, we find that the assignment of alternative frequency 931.1125 MHz to Kwik-Page was proper as was the assignment of alternative frequency 931.5875 MHz to API. In view of the foregoing, we affirm the grant of frequency 931.5875 MHz to API and we deny API's Petition. 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) 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 American Paging, Inc., on March 15, 1996, IS DENIED. 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