******************************************************** 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 ) ) SMR/USA, INC. ) File No. 27744-CD-P/ML-01-94 ) File No. 27743-CD-P/ML-01-94 For New Facilities in the Paging) File No. 27747-CD-P/ML-01-94 and Radiotelephone Service on ) the 931.0125 MHz Frequency ) in Knoxville, Memphis, and ) Nashville, Tennesee ) ) ) ORDER Adopted: September 21, 1999 Released: September 21, 1999 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order denies a petition to deny (Petition) filed by Metrocall, Inc. (Metrocall) against the above-captioned applications of SMR/USA, Inc. (SMR). 2. In July 1994, SMR filed the above-captioned applications requesting assignment on frequency 931.0125 MHz in Knoxville, Memphis and Nashville, Tennessee (collectively, "the SMR applications"). On September 9, 1994, Metrocall filed the instant Petition seeking denial of the SMR applications. Subsequently, but within the statutory 60-day time period to file competing applications, Metrocall filed 34 applications to expand its use of the 931.0125 MHz frequency, including the Tennessee areas in which SMR is seeking assignment. Metrocall argues that granting the SMR applications "would block Metrocall's ability to utilize this particular channel as part of an efficient, wide-area paging system, thus causing Metrocall to lose paging customers in this region, and suffer economic harm." Under the Commission's procedures, however, 931 MHz applications are processed one at a time, in the order they are received. Because SMR's applications were received before Metrocall's applications, SMR is entitled to its preferred frequency of 931.0125 MHz. We therefore deny Metrocall's petition. 3. Accordingly, IT IS ORDERED that, pursuant to 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 deny filed by Metrocall on September 9, 1994, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Cynthia S. Thomas Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau