************************************************************************** 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. 23122-CD-P/ML-01-95, et. al. (OF OKLAHOMA), et. al. ) ) For Reconsideration of Authorizations) for Facilities in the 931 MHz Band) in the Paging and Radiotelephone Service) ORDER ON RECONSIDERATION Adopted: June 24, 1999 Released: June 24, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order denies thirty petitions listed in Attachment A for reconsideration of actions taken by the Commercial Wireless Division's Narrowband Branch ("Petitions"). In their license applications, the petitioners requested specific frequencies on the 931 MHz band. Those frequencies, however, were not available and the Narrowband Branch granted authorizations for other frequencies on the 931 MHz band. The petitioners seek reconsideration of the grants and ask for the frequencies specifically requested in their applications. For the reasons discussed below, we deny the Petitions. 2. Section 22.501(p)(2) of the Commission's rules provides that applicants for 931 MHz paging channels may specify a frequency preference in their applications, but that "the Commission is not bound by such requests." Nevertheless, the petitioners make three arguments supporting their contention that they should be assigned their requested frequencies. Some petitioners argue that the Commission's decision to grant them a frequency, other than their requested frequency, was an error because the requested frequency was available for assignment. Other petitioners contend that an entity operating a wide-area system has a preference to its requested frequency over an entity seeking to establish a new system. Finally, one petitioner argues that the Commission overlooked a consensual short-space agreement that would allow assignment of the requested frequency. Notwithstanding these arguments, the plain language of section 22.501(p)(2) of the Commission's rules allows the Commission to assign an applicant any available 931 MHz frequency. We therefore find that the assignment of alternative frequencies complies with the Commission's rules. Accordingly, we deny the Petitions listed in Attachment A and affirm the initial grant of frequencies. 3. Accordingly, IT IS ORDERED pursuant to sections 4(i) and 405, of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R.  0.331 and 1.106, the petitions for reconsideration listed in Attachment A of this Order ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau