******************************************************** 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 the Matter of ) ) ROBERT R. RULE d/b/a ) RULE COMMUNICATIONS, et al. ) File No. 25594-CD-P/L-95, et al. ) BEEPERMART, INC. ) File No. 25748-CD-P/ML-93 ) ZHEN FANG FU, et al. ) File No. 25787-CD-P/L-95, et al. ) For Reconsideration of Authorizations ) ) and Denial of Applications ) for Facilities in the Paging ) and Radiotelephone Service ) ORDER Adopted: August 17, 1999 Released: August 17, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order grants three petitions for reconsideration of actions taken by the Commercial Wireless Division's Narrowband Branch listed in Attachments A and B. For the reasons discussed below, this Order also dismisses as moot three petitions to deny certain license applications. The petitions to deny are listed in Attachment C. 2. Attachment A lists two consolidated petitions for reconsideration. Robert R. Rule d/b/a Rule Communications and BeeperMart, Inc. seek reconsideration of the Narrowband Branch's dismissal of their applications as defective. In response to the petitions, the Narrowband Branch returned the applications to pending status and subsequently granted the applications. The petitions, however, were not formally granted. Because these petitions technically remain pending, we formally grant the petitions by this Order. 3. Attachment B lists one petition for reconsideration. In this petition, BeeperMart, Inc. seeks reconsideration of the Narrowband Branch's dismissal of its application as defective. In response to the petition, the Narrowband Branch returned the application to pending status. The petition, however, was not formally granted. Because the petition technically remains pending, we formally grant the petition by this Order. 4. Attachment C lists three petitions to deny. In two of these petitions, the petitioners (RAM Technologies, Inc. and Metrolink, Inc.) claim that grant of Zhen Fang Fu's and Wharton Telecom Holdings, Inc.'s (Wharton) applications, respectively, will cause harmful interference to their proposed or authorized facilities. After the petitions were filed, however, the Narrowband Branch, on its own motion, dismissed the application of Zhen Fang Fu and dismissed the application of Wharton at Wharton's request. In the other petition, Capitol Radiotelephone Company, Inc. seeks dismissal of the application of RAM Technologies, Inc. as defective. After the filing of this petition, however, the Narrowband Branch, on its own motion, dismissed the underlying application. Accordingly, we dismiss the petitions listed in Attachment C as moot. 5. 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 petitions for reconsideration listed in Attachments A and B of this Order ARE GRANTED. 6. IT IS FURTHER ORDERED that, pursuant to authority delegated by Sections 4(i) and 309(d) of the Communications Act, as amended, 47 U.S.C  154(i), 309(d), and by Sections 0.331 and 22.130 of the Commission's rules, 47 C.F.R  0.331, 22.130, the petitions to deny listed in Attachment C of this Order ARE DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau The petitions, however, were not formally granted. Because these petitions technically remain pending, we formally grant the petitions by this Order.