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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 ) ) Pager One of Florida, Inc. ) File No. 27011-CD-P/L-95 ) Application to Operate on 931.6625 MHz ) Grayville, Illinois ) ) ORDER ON RECONSIDERATION Adopted: March 23, 1998 Released: March 24, 1998 By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. By this Order on Reconsideration, we deny both the Petition for Reconsideration ("Petition") and Supplement to Petition for Reconsideration ("Supplement") filed on June 17, 1996, and September 4, 1996, respectively, by Pager One of Florida, Inc. ("Pager One") of the May 15, 1996, Order granting Pager One's application on frequency 931.6875 MHz. We conclude that Pager One has failed to demonstrate that frequency 931.6875 MHz was assigned in error or that reconsideration of the grant of its application is warranted. II. BACKGROUND 2. Pager One filed the above referenced application on March 31, 1995. Another applicant, David Zaremba ("Zaremba") had previously applied for the 931.6625 MHz frequency at Evansville, Indiana, on December 9, 1994. Because of the proximity of Grayville and Evansville, the applications were mutually exclusive. While both applications were pending, the Commission issued a series of Public Notices regarding the 931 MHz paging applications indicating that it was now processing applications with a new software package. The Commission said that it would consider an application unavailable and not award the desired frequency if, inter alia, the requested frequency was already assigned or if there was a previously filed pending application. By Public Notice dated May 15, 1996, the Narrowband Branch granted Pager One's above captioned application on the 931.6875 MHz frequency as opposed to the 931.6625 MHz frequency requested in its application. Pager One sought reconsideration of that action on June 17, 1996. On August 21, 1996, the Commission announced that it had deleted Zaremba's Evansville, Indiana, station for 931.6625 MHz frequency. III. DISCUSSION 3. Pager One contends in its petition that a single transmitter site operating on 931.6875 MHz would be incompatible with its attempts to establish a wide-area paging system. Specifically, Pager One alleges that unless it can obtain a grant on its requested 931.6625 MHz frequency in Grayville, Illinois, providing service on the frequency it received will cause a significant gap in its wide-area paging service, to the detriment of its potential customers in Illinois. According to Pager One, the Commission intended to protect wide-area paging systems when it developed the algorithm to process backlogged 931 MHz applications because they were more spectrally efficient. 4. On September 4, 1996, Pager One supplemented its Petition for Reconsideration and noted the deletion of Zaremba's Evansville, Indiana, station for 931.6625 MHz frequency. Pager One asserts that because there are no other applicants for that frequency in the Grayville, Illinois, area, the frequency is not being used and thus, it should receive this frequency to construct its wide-area system in Illinois. 5. We have reviewed Pager One's Petition and Supplement and find that they should be denied. The Commission is not bound to assign the frequency requested by 931 MHz paging applicants and may assign any available frequency. We could not assign Pager One its requested frequency of 931.6625 MHz in Grayville, Illinois, because it was unavailable due to the previously filed application of Zaremba. The Narrowband Branch identified 931.6875 MHz as an alternative frequency for Pager One's proposed Grayville facilities. 6. We are denying the Petition and Supplement notwithstanding the fact that Zaremba has forfeited his right to the frequency by failure to construct within the time required by the Commission's rules. We find that the assignment of the alternate frequency to Pager One complied with the Commission's rules. In view of the following, we affirm the grant of frequency 931.6875 MHz to Pager One and deny its Petition and Supplement. IV. ORDERING CLAUSES 7. 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 on June 17, 1996, and the Supplement to Petition for Reconsideration filed on September 4, 1996, by Pager One of Florida, Inc., ARE DENIED. 8. It is further ORDERED that pursuant to section 4(i) of the Communications Act of 1934 as amended, 47 U.S.C.  154(i), that the Motion to Supplement Petition for Reconsideration filed on November 14, 1996, by Pager One of Florida, Inc., IS GRANTED. 9. 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 Steven E. Weingarten Acting Chief, Commercial Wireless Division Wireless Telecommunications Bureau