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

In re Application of    )
                  )
SHLOMO FUHRER     )  File No. 23383-CD-P/L-96
                  )
Application for authority to Construct and Operate     )
a Public Mobile Radio Service License on         )
the 931.2125 MHz channel at Vidalia, GA          )

ORDER ON RECONSIDERATION
              
      Adopted:   November 19, 1997   Released:   November 19, 1997  

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


      1.  By this Order on Reconsideration, we dismiss the Petition for Reconsideration (Petition) filed
by Merryville Investments, d/b/a Best Communication (Merryville) on April 28, 1997, seeking review
of the grant of a license to Shlomo Fuhrer to construct and operate a Public Mobile Radio Service station
on the 931.2125 MHz channel at Vidalia, GA.  Merryville's Petition was untimely filed and failed to
demonstrate that the assignment of frequency 931.2125 MHz to Fuhrer was in error.

      2.  On January 19, 1996, Fuhrer filed the above-captioned application requesting authority to
operate a paging station on 931.2125 MHz in Vidalia, GA.  Fuhrer's application was granted on March
26, 1997.   The statutory deadline for filing a petition for reconsideration was April 25, 1997. 
Merryville operates a number of Public Mobile Radio Service stations on the 931.2125 MHz channel in
the northern portion of Georgia and plans to expand to include Vidalia, GA.  Merryville filed the
Petition late on April 28, 1997.  Merryville challenges Fuhrer's choice of frequency on the basis that it
would be preferable for Merryville to have Fuhrer operate on another frequency.  While Merryville does
not maintain that the grant of 931.2125 MHz to Fuhrer violated any of our rules, Merryville asserts that
requiring Fuhrer to select another frequency would be in the public interest and in keeping with the
Commission's statutory mandate to make available a "rapid, efficient, nationwide and world-wide wire
and radio communication service with adequate facilities at reasonable charges. . ."   In addition,
Merryville asserts that Fuhrer's grant is not in keeping with recently adopted policies allowing incumbents
to maintain and improve their service areas.
      
      3.  We have reviewed Merryville's Petition and find that it should be dismissed.  Merryville's
Petition was not timely filed and may not be considered.  The grant appeared on Public Notice dated
March 26, 1997.  The statutory deadline for filing a petition for reconsideration was therefore April 25,
1997.  The Petition was filed on April 28, 1997. The period in which we may accept a petition for
reconsideration is delineated in the Communications Act of 1934, as amended, and our rules, and except
in extraordinary circumstances, may not be extended.  We find no such extraordinary circumstances in
this case.

      4.  In view of the foregoing, we affirm the grant of Fuhrer's application.  We find that
Merryville's Petition is untimely and does not present sufficient cause to reconsider Fuhrer's grant.
      
      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 Merryville
Investments, d/b/a Best Communications on April 28, 1997, IS DISMISSED.
            
      6.  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