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

In re Application of            )
                                )
WHARTON TELECOM, INC.           )       File No.  27562-CD-P/ML-96
                                )             
For Dismissal or Denial of Authorization)
for a Facility 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 denies a Petition to Dismiss or Deny (Petition) filed on August 1, 1996 by
Metrolink, Inc. (Metrolink) against the above-captioned application of Wharton Telecom, Inc. (Wharton). 
In its license application, Wharton requests assignment on frequency 931.2625 MHz and Metrolink seeks
dismissal or denial of the application.  For the reasons discussed below, we deny the Petition and affirm the
grant of Wharton's application.
     
     2.   Metrolink makes three arguments supporting its contention that Wharton's application should
be dismissed.  Metrolink's first argument involves a proceeding independent of the above-captioned
proceeding.  Metrolink argues that Wharton's application for a site in Charleston, South Carolina under file
number 23087-CD-P/L-95 (Charleston Application) was granted in error, and that "granting the above-
captioned application will perpetuate this error."  Metrolink contends that because it operates a wide-area
system on 931.2625 MHz, it has a preference for that frequency.  Section 22.501(p)(2) of the Commission's
rules however, 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."  Accordingly, we previously
determined that the grant of the Charleston Application complied with the Commission's rules.  Likewise,
in this case, 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 assignment of 931.2625
MHz in the captioned application complies with the Commission's rules.
     
     3.   Second, Metrolink contends that Wharton failed to certify that the "proposed site is within
65 kilometers (40 miles) of an authorized transmission site."  Upon review of Wharton's application, we find
that Wharton made the required certifications in Exhibit 1 of its application.  Exhibit 1 states that the
proposed "site is within 65 kilometers of Wharton's existing location operating on the same frequency in
Charleston, South Carolina (Call Sign KNLP 337, FCC Location No. 1) which was authorized by the
Commission on or before February 8, 1996."  By providing the signature of its President, Ronald K. Jones
on Form 600, we find that Wharton satisfied the certification requirement.   

     4.   Finally, Metrolink contends that Wharton was the real-party-in-interest and had, therefore,
orchestrated a fraudulent application scheme in filing underlying applications to the license grants.  We have
previously found that Metrolink, "has failed to provide evidence supporting its claims," and we reach the
same conclusion in this proceeding.
     
     5.   Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309, of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309, and sections 0.331 and 22.132(b)
of the Commission's Rules, 47 C.F.R.  0.331 and 22.132(b) the Petition to Dismiss or Deny IS DENIED
and WHARTON TELECOM, INC.'s grant IS AFFIRMED.

                              FEDERAL COMMUNICATIONS COMMISSION


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