******************************************************** 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 Applications of ) ) USA MOBILE COMMUNICATIONS, INC. II) File No. 20906-CD-P/ML-94 ) File No. 21816-CD-P/ML-94 For Additional Facilities in ) the Domestic Public Land ) Mobile Radio Service ) ) ) ORDER Adopted: August 27, 1999 Released: August 27, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order grants a petition (Petition) filed by USA Mobile Communications, Inc. II (USA Mobile), the predecessor-in-interest to Arch Paging, Inc., seeking reconsideration of an action taken by the Commercial Wireless Division's Narrowband Branch. 2. On November 16, 1993, USA Mobile filed an application seeking to add an additional antenna location on frequency 152.09 MHz to its station KWB402 in Maysville, Kentucky (Maysville application). On December 17, 1993, USA Mobile filed an application seeking to add an additional antenna location on frequency 931.4875 MHz to its station KNKO525 in Lexington, Kentucky (Lexington application). On March 30, 1994, the Commission announced that USA Mobile's Maysville application was amended by the filing of its Lexington application, and that the Lexington application would be substituted for the Maysville application, in accordance with section 22.525(e) of the Commission's rules. 3. On April 29, 1994, USA Mobile filed the instant Petition, seeking reconsideration of this action and reinstatement of both applications to their original status. In response to the Petition, the Narrowband Branch reinstated both applications to their original status and subsequently granted them. The Narrowband Branch determined that, in accordance with section 22.16(e) of the Commission's rules, the Maysville application qualifies as a "fill-in", because the reliable service area contour of the transmitter is at least 50% encompassed by the reliable service area contour of a USA Mobile facility operating on the same frequency at Russellville, Ohio. 4. Although these applications were granted, the Petition was not formally granted. Because the Petition technically remains pending, we formally grant the Petition by this Order. 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 petition for reconsideration, filed by USA Mobile on April 29, 1994, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau