******************************************************** 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 ) ) AMERICAN PAGING, INC. (OF TEXAS)) File No. 29223-CD-P/ML-94 ) File No. 29226-CD-P/ML-94 For Paging and Radiotelephone ) File No. 29242-CD-P/ML-94 Service Authorization, Call Sign ) KNKS234, on the 931.1125 MHz ) Frequency at Ft. Worth, Dallas, ) and Arlington, Texas ) ORDER Adopted: September 17, 1999 Released: September 17, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order denies three petitions for reconsideration (Petitions) of actions taken by the Commercial Wireless Division's Narrowband Branch. For the reasons discussed below, we deny these Petitions. 2. On September 8, 1994, American Paging, Inc. (of Texas) (API) filed the above-captioned applications. In March 1996, the Narrowband Branch notified API that its requested frequencies were unavailable and its applications were therefore dismissed in accordance with section 22.128(e) of the Commission's rules. On April 12, 1996, API filed the instant Petitions seeking reconsideration of the dismissals. 3. In its Petitions, API argues that the dismissals were improper because the Narrowband Branch's licensing database is incorrect. Specifically, API states that, due to clerical errors, several sites which are no longer licensed to Southland Holdings, Inc. (Southland) are still listed in the database as active licenses of Southland. API claims that this incorrect information is causing the computer processing software to dismiss API's applications because the sites are unavailable. A review of the applicable database indicates that while the Southland sites are now correctly deleted from the database, the sites requested in API's applications are still unavailable. Thus, in accordance with the aforementioned section 22.128(e) of the Commission's rules, we deny the Petitions. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C  154(i), 405, and by sections 0.331, 1.106, and 22.128(e) of the Commission's rules, 47 C.F.R  0.331, 1.106, 22.128(e), the petitions for reconsideration filed by API on April 12, 1996, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau