Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CLEAR PAGING, INC., et al. ) File No. 24332-CD-P/L-95, et al. ) CONTACT COMMUNICATIONS, INC., et al.) File No. 25355-CD-P/ML-95, et al. ) AIRTOUCH PAGING OF CALIFORNIA, et al.) File No. 20060-CD-P/ML-96, et al. ) SIGNAL ONE OF WASHINGTON, et al.) File No. 21248-CD-P/ML-96, et al. ) COMMNET PAGING, INC. ) File No. 33355-CD-P/ML-96 ) ) For Reconsideration of Authorizations) and Denial of Applications ) for Facilities in the 931 MHz Band) in the Paging and Radiotelephone Service) ORDER Adopted: July 29, 1999 Released: July 29, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order approves five requests for withdrawals of petitions for reconsideration listed in Attachment A. For the reasons discussed below, this Order also dismisses as moot five petitions for reconsideration of actions taken by the Commercial Wireless Division's Narrowband Branch, eight petitions to deny certain license applications, and one request for waiver. The petitions for reconsideration are listed in Attachment B and C, the petitions to deny are listed in Attachment D, and the request for waiver is listed in Attachment E. 2. Attachment A of this Order lists five requests for withdrawals of petitions for reconsideration. The petitions sought reconsideration of actions taken by the Narrowband Branch on the petitioners' applications for paging facilities. The petitioners, however, subsequently submitted requests to withdraw each petition. The Policy and Rules Branch of the Commercial Wireless Division has reviewed the petitions and hereby approves the requests for withdrawals in accordance with Sections 1.106 and 0.331 of the Commission's rules. 3. Attachment B lists two petitions for reconsideration. 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. 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. After the petitions were filed, however, the license grants were terminated. Accordingly, we dismiss the Petitions listed in Attachment B as moot. 4. Attachment C lists three petitions for reconsideration. Paging Network of San Francisco, Inc. (PageNet) filed one of the petitions listed in Attachment C, which seeks reconsideration of the Narrowband Branch's grant to AirTouch Paging of California (AirTouch) of authority to operate on channel 931.5125 MHz at Redding, California. Contact Communications, Inc. filed the other two petitions listed in Attachment C, which seek reconsideration of the Narrowband Branch's grant to Florida Network, U.S.A., Inc. of authority to operate a facility on channel 931.1125 MHz in Abilene, Texas and on channel 931.2125 MHz in Laredo, Texas. After the petitions were filed, however, AirTouch's license grant was canceled and Florida Network's license grants were terminated. Accordingly, we dismiss the petitions listed in Attachment C as moot. 5. Attachment D lists eight petitions to deny. In these petitions, the petitioners claim that grant of the subject applications will cause harmful interference to their proposed or authorized facilities. After the petitions were filed, however, the Narrowband Branch, on its own motion, dismissed these applications. Accordingly, we dismiss the petitions listed in Attachment D as moot. 6. Attachment E lists a request for waiver filed by CommNet Paging, Inc. (CommNet). At the time CommNet filed its request for waiver, the interim paging rules were in effect, which allowed new applications to be filed as long as the proposed facility was within 65 kilometers (40 miles) of an operational co-channel paging station licensed to the applicant. CommNet requested a waiver of this rule to add a facility that was not within 40 miles of an operational, co-channel paging facility. Subsequently, however, CommNet withdrew its underlying application for the facility. Accordingly, we dismiss the request for waiver listed in Attachment E as moot. 7. Accordingly, IT IS ORDERED that, pursuant to authority delegated by Sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C  154(i), 405, and by Sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R  0.331, 1.106, the requests to withdraw the petitions for reconsideration listed in Attachment A of this Order ARE APPROVED. 8. IT IS FURTHER ORDERED that, pursuant to authority delegated by Sections 4(i), 309(d), and 405 of the Communications Act, as amended, 47 U.S.C  154(i), 309(d), 405, and by Sections 0.331, 1.106, and 22.130 of the Commission's rules, 47 C.F.R  0.331, 1.106, 1.925, 22.130, the petitions for reconsideration listed in Attachments B and C of this Order, the petitions to deny listed in Attachment D of this Order, and the request for waiver listed in Attachment E of this Order ARE DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Applicant Petitioner File Number Filing Date Withdraw al Request Clear Paging, Inc. Clear Paging, Inc. 24332-CD-P/L-95 6/13/96 7/1/97 Joy A. Miller Joy A. Miller 20226-CD-P/ML-94 5/31/95 2/16/96 Telecomm Systems, Inc. Telecomm Systems, Inc. 27895-CD-P/ML-93 8/3/94 6/28/95 Sharron L. Roth Telecomm Systems, Inc. 20461-CD-P/L-93 8/3/94 6/28/95 Florida Network USA, Inc. Contact Communications, Inc. 23416-CD-P/L-95 6/20/95 2/21/97 Applicant/Petitioner File Number Filing Date Contact Communications, Inc. 25355-CD-P/ML-95 9/20/96 Paging Partners Corporation 33595-CD-P/L-96 6/25/97 Licensee Petitioner File Number Filing Date AirTouch Paging of California Paging Network of San Francisco, Inc. 20060-CD-P/ML-96 4/11/97 Florida Network USA, Inc. Contact Communications, Inc. 25336-CD-P/L-95 6/20/95 Florida Network USA, Inc. Contact Communications, Inc. 25355-CD-P/L-95 6/20/95 Applicant Petitioner File Number Filing Date Signal One of Washington TSR Paging, Inc. 21248-CD-P/ML-9 6 1/11/96 Teton Communications, Inc. Rule Radiophone Service, Inc. 24578-CD-P/ML-95 2/22/95 Page America Communications of California, Inc. Tadlock's Communications, Inc. 27134-CD-P/ML-9 4 8/5/94 Wharton Telecom, Inc. Metrolink, Inc. 20505-CD-P/ML-97 12/26/96 Lynn Lowe TSR Paging, Inc. 35825-CD-P/L-95 9/22/95 Eugene Mayer Metrocall, Inc. 22823-CD-P/L-95 1/13/95 Eugene Mayer Metrocall, Inc. 23579-CD-P/L-95 1/13/95 Cincinnati Bell Telephone Co. Danny's Two Way Communications, Inc. d/b/a Dan Comm Paging 27197-CD-P/ML-0 1-90 Nov-91 Applicant File Number Date of Waiver Request Withdrawal Request CommNet Paging, Inc. 33355-CD-P/ML-96 12/18/96 7/3/97