******************************************************** 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 re Application of ) ) PRIORITY COMMUNICATIONS, INC. ) File No. 22406-CD-P/ML-95 ) For Reconsideration of an Authorization) for a Facility in the 931 MHz Band) in the Paging and Radiotelephone Service) ORDER ON RECONSIDERATION Adopted: August 26, 1999 Released: August 26, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order denies a Petition for Reconsideration (Petition), filed on April 16, 1997, of an action taken by the Commercial Wireless Division's Narrowband Branch. In its license application, Priority Communications, Inc. (Priority) requested frequency 931.2375 MHz. That frequency, however, was not available and the Narrowband Branch granted an authorization for 931.6375 MHz. Priority seeks reconsideration of the grant and asks for the frequency specifically requested in its application. For the reasons discussed below, we deny the Petition. 2. The Narrowband Branch properly acted upon the Priority's application because 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, Priority contends that it is planning to operate a wide-area system that will allow for the most efficient and best use of the spectrum and should, therefore, be granted its frequency preference. Notwithstanding this argument, the plain language of section 22.501(p)(2) of the Commission's rules provides the Commission with discretion to assign an applicant any available 931 MHz frequency. We therefore find that the assignment of an alternative frequency complies with the Commission's rules. Accordingly, we deny the Petition and affirm the initial grant of frequency 931.6375. 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), 405, and sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R.  0.331, 1.106, the Petition for Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau