Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) METROLINK, INC., et. al. ) File No. 24390-CD-P/L-01-95, et. al. ) For Reconsideration of Authorizations) for Facilities 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 three petitions listed in Attachment A for reconsideration of actions taken by the Commercial Wireless Division's Narrowband Branch (Petitions). In their license applications, Metrolink, Inc. (Metrolink) 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. Metrolink seeks reconsideration of the grants and asks for the frequencies specifically requested in its applications. Wharton Telecom, Inc. (Wharton) has filed Oppositions to the Petitions (Oppositions). For the reasons discussed below, we deny the Petitions and dismiss the Oppositions as moot. 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, Metrolink makes two arguments supporting its contention that it should be assigned its requested frequencies. Metrolink argues that the Commission's decision to grant it a frequency, other than its requested frequency, was an error because the requested frequency was available for assignment. Second, Metrolink contends that an entity operating a wide-area system has a preference to its requested frequency over an entity seeking to establish a new system. 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. Having denied the Petitions, we further dismiss the Oppositions as moot. 3. 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 petitions for reconsideration listed in Attachment A of this Order ARE DENIED. IT IS FURTHER ORDERED that the oppositions to petitions for reconsideration listed in Attachment A of this Order ARE MOOT. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau