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

In re Application of            )
                                )
SEBASTIAN AND NORMA SANCHEZ     )  File No. 32748-CD-P/ML-95
                                )
For Reconsideration of an Authorization)
for a Facility in the 931 MHz Band)
in the Paging and Radiotelephone Service)
                                 


                    ORDER ON RECONSIDERATION


   Adopted:  July 15, 1999              Released:  July 15, 1999

By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.   This Order denies a petition for reconsideration, filed on July 8, 1996, of an action taken by
the Commercial Wireless Division's Narrowband Branch (Petition).  In their license application, the petitioners
requested frequency 931.2625 MHz.  That frequency, however, was not available and the Narrowband Branch
granted an authorization for 931.0875 MHz.  The petitioners seek reconsideration of the grant and ask for the
frequency specifically requested in their application.  For the reasons discussed below, we deny the Petition.

     2.   Section 405(a) of the Communications Act of 1934 as amended, requires that "a petition for
reconsideration must be filed within thirty days from the date upon which public notice is given of the order,
decision, report, or action complained of."  The grant of 931.0875 MHz appeared on Public Notice on May
22, 1996.  The petition for reconsideration was filed with the Commission on July 8, 1996, well past the thirty
days required under Section 405(a) of the Communications Act of 1934.  We therefore dismiss the Petition
because it was not timely filed.

     3.   Even if the Petition had been timely filed, the Narrowband Branch properly acted upon the
petitioners' application, because 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 two arguments supporting their contention
that they should be assigned their requested frequency.  The petitioners  contend that an entity planning to
operate a wide-area system will allow for the most efficient and best use of the spectrum.  Second, petitioners
state that they agree to any interference that short spacing will cause.  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 an alternative frequency complies
with the Commission's rules.  Accordingly, we deny the Petition and affirm the initial grant of frequency
931.0875.

     4.   Accordingly, IT IS ORDERED that, 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 petition for reconsideration IS DENIED.



                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Paul D'Ari                         
                                   Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau