******************** **** 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 the Matter of ) ) MONTGOMERY COUNTY, MARYLAND ) Case Nos. 95F811 & 95F812 ) FINDER'S PREFERENCE REQUESTS ) REGARDING PUBLIC SAFETY STATIONS ) KNJU834 and KNJE616 ) ORDER Adopted: May 14, 1999 Released: May 14, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On September 2, 1998, the Montgomery County Government, Montgomery County, Maryland (Petitioner), filed a petition for reconsideration (Petition) of the August 3, 1998, dismissal of Petitioner's finder's preference requests targeting Stations KNJU834 & KNJE616, licensed to the City of Washington, D.C. (the District). For the reasons discussed below, we affirm the August 3, 1998, action and deny the Petition. II. BACKGROUND 2. On July 13, 1995, the District, licensee of Stations KNJU834 and KNJE616, filed a request for waiver of Section 90.629 of the Commission's Rules to extend its previously-authorized slow growth implementation schedule. The District sought extension of its slow growth implementation schedule in order to address funding problems and other challenges it had encountered during the scheduled implementation of its public safety system. On July 31, 1995, eighteen (18) days after the District filed for a waiver, the Petitioner filed two separate finder's preference requests targeting Stations KNJU834 and KNJE616. In its requests, the petitioner alleged that the District had failed to construct and load the two stations. The Petitioner's finder's preference requests were dismissed on August 3, 1998, by the Division's Policy and Rules Branch (Branch), on the basis that Stations KNJU834 and KNJE616 were already the subject of compliance review at the time the finder's preference requests were filed. III. DISCUSSION 3. We find that the Petition fails to address any new facts or changed circumstances warranting reconsideration or reversal of the Branch's action. The Petition, which was timely filed on September 2, 1998, simply stated: "Because this decision has adverse effects on Montgomery County, the County hereby Petitions for Reconsideration of this dismissal and requests the opportunity to demonstrate the validity of the original Request." No other information was provided in the instant Petition. Petitioner's argument rests entirely on its statement that the August 3, 1998, dismissal has "adverse effects on Montgomery County." Petitioner fails to state the manner in which its interests are adversely affected. A petition for reconsideration must state, with particularity, the respect in which the petitioner believes the actions taken by the Commission or by the designated authority should be changed, and must specifically state the form of relief sought. The Petition does not cite the findings of fact or conclusions of law which the Petitioner believes to be erroneous, nor does it state with particularity the respects in which the Petitioner believes such findings and conclusions should be changed. IV. CONCLUSION AND ORDERING CLAUSES 4. For the reasons stated above, the dismissal of the finder's preference requests filed by Montgomery County, Maryland, against Stations KNJU834 and KNJE616 IS AFFIRMED. 5. IT IS ORDERED, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R.  1.106, that the petition for reconsideration filed by Montgomery County, Maryland IS DENIED. 6. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau