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


In the Matter of                )
                                )
CLEAR PAGING, INC.              )  File No. 24288-CD-P/ML-95
                                )  
For Reinstatement of Paging     )
and Radiotelephone Service      )                 
Authorization, Call Sign KNKP773, )
on the 931.6125 MHz Channel     )
in Martinsburg, WV              )


                             ORDER


   Adopted:  September 10, 1999         Released:  September 10, 1999

By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.   This Order dismisses a petition (Petition) filed by Page America of New York, Inc. (Page
America) seeking reconsideration of an action taken by the Commercial Wireless Division's Narrowband
Branch (Branch).  

     2.   On March 15, 1990, Page America filed an application seeking a 931 MHz paging
authorization in Washington, D.C.  Subsequently, on August 3, 1990, Page America filed an amendment to
its application requesting a frequency assignment of 931.6125 MHz.  On December 23, 1994, Stephen F.
Johnston, the predecessor-in-interest to Clear Paging, Inc. (Clear Paging), filed an application to modify station
KNKP773 by adding an antenna operating on frequency 931.6125 MHz in Martinsburg, West Virginia, a site
approximately 64.2 miles from the location requested by Page America.   No petition was filed against this
application.  On May 24, 1995, the Branch granted Clear Paging's application to add an antenna operating on
frequency 931.6125 MHz in Martinsburg, West Virginia.  Subsequently, on October 30, 1996, the Branch
terminated Clear Paging's authorization pursuant to section 22.144 of the Commission's rules for failure to
notify the Branch of completion of modifications to its facilities.   However, in a December 26, 1996 Public
Notice, the Branch announced that this license was reinstated on October 30, 1996, because the Branch found
that Clear Paging provided evidence that it had in fact properly notified the Branch of completion of the
modifications and that the authorization had been terminated in error.  Page America filed the instant Petition
against this reinstatement on January 27, 1997.

     3.   Pursuant to section 405 of the Communications Act, as amended, and section 1.106(f) of the
Commission's rules, the time for filing a petition for reconsideration of the grant expired on June 24, 1995. 
Because Page America filed the instant Petition almost eighteen months after that statutory deadline, we dismiss
Page America's Petition.

     4.   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 Page America on
January 27, 1997, IS DISMISSED.




                         FEDERAL COMMUNICATIONS COMMISSION



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