******************************************************** 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 the Matter of ) ) RADIOFONE, INC. ) Reply to: 7110-02 ) ) Request for Waiver of the ) Commission's Interim Paging ) Application Criteria ) ORDER Adopted: September 21, 1999 Released: September 21, 1999 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On April 22, 1997, Radiofone, Inc. (Radiofone) filed a petition for reconsideration of a March 24, 1997 decision by the Licensing Division of the Land Mobile Branch (Branch), Private Radio Bureau, denying Radiofone's request for a waiver of the paging expansion provisions as established by the Commission's First Report and Order (Order), in WT Docket No. 96-18, released April 23, 1996. Specifically, the Order permits incumbent paging licensees to submit applications for additional stations which are located within 65 km (40 miles) of authorized and operational co-channel facilities licensed to the applicant. Radiofone requested a waiver to file expansion applications for stations which are within 65 km (40 miles) of co-channel facilities which are not yet constructed and operational. 2. Radiofone presents no arguments in its Petition that would lead us to change the Branch's decision. We therefore affirm the Branch's decision for the reasons stated therein. 3. 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.  0.3331, 1.106, the petition for reconsideration, filed by Radiofone, Inc. on April 22, 1997, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Cynthia S. Thomas Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau