Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) STEPHEN F. JOHNSTON, SR. ) File No. 35505-CD-P/ML-95 ) For Additional Paging and ) Radiotelephone Service ) Facilities To Operate On ) 931.6125 MHz at New Orleans, ) Louisiana ) ORDER Adopted: August 25, 1999 Released: August 25, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On September 15, 1995, TSR Paging, Inc. (TPI) filed a petition to dismiss or deny (Petition) the application of Stephen F. Johnston, Sr. (Johnston), the predecessor-in-interest of Clear Paging, Inc. An opposition to the petition was filed by Johnston on September 28, 1995, and a reply to the opposition was filed by TPI on October 11, 1995. For the reason discussed below, we grant the Petition and dismiss the application. 2. In his license application, Johnston seeks additional paging and radiotelephone service facilities to operate on 931.6125 MHz in New Orleans, Louisiana. TPI contends that the proposed facilities would result in harmful electrical interference to TPI's facilities. The Policy and Rules Branch of the Commercial Wireless Division has reviewed the Petition and agrees that grant of Johnston's application would result in interference in violation of Sections 22.537(e) and (f) of the Commission's rules. Thus, we hereby grant the Petition and dismiss the above-captioned application. 3. Accordingly, IT IS 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 petition to dismiss or deny filed by TSR Paging, Inc. on September 15, 1995 IS GRANTED. 4. IT IS FURTHER ORDERED that, pursuant to authority delegated by Section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and by Sections 0.331 and 22.128(e)(2) of the Commission's rules, 47 C.F.R.  0.331 and 22.128(e)(2) , the above-captioned application of Stephen F. Johnston, Sr. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau