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



In the Matter of                   )
                              )
RADIOFONE, INC.                    )    File No. D070851
                              )    
Request for Waiver of                   )
Frequency Coordination             )    
Requirement                        )                   


                             ORDER 


   Adopted:  September 22, 1999         Released:  September 22, 1999

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

     1.   This Order denies the waiver request, filed on February 19, 1997, by Radiofone, Inc.
(Radiofone), which was attached to its application for expansion of its Private Carrier Paging Radio
Service station at Huntington, Tennessee, on the frequency 929.6375 MHz.  Radiofone requests a waiver
of the Commission's frequency coordination requirement for 929 MHz paging applications.  For the
reasons set forth below, we deny Radiofone's waiver request and dismiss its application.  
  
     2.   In accordance with section 22.119 of the Commission's rules, a waiver request may be
granted if it is shown that (1) the underlying purpose of the rule would not be served, or would be
frustrated by application to the instant case, and that a grant of the requested waiver would be in the public
interest; or (2) in view of unique or unusual factual circumstances of the instant case, application of the
rule would be inequitable, unduly burdensome or contrary to the public interest, or that the applicant has no
reasonable alternative.  Radiofone requested this waiver because it believed that the Commission might
"re-impose a blanket freeze on the filing of paging applications" on February 19, 1997, which would make
it impossible for the Personal Communications Industry Association, the Commission-appointed frequency
coordinator, to process its applications.  

     3.   Pursuant to Section 90.175 (f) of the Commission's rules, applicants for frequencies in the
929-930 MHz band must provide a statement from the coordinator recommending the most appropriate
frequency.  On February 19, 1997, the Commission adopted the Paging Second Report and Order
providing that "[a]ll applications (other than applications on nationwide and shared channels) filed after
July 31, 1996 will be dismissed."  As a result, applications for frequencies in the 929-930 MHz band must
have been coordinated and submitted to the Commission no later than July 31, 1996.  The Commission's
decision applied to all applicants, and Radiofone has provided no information to persuade us that grant of
this waiver would be in the public interest, or that there are unique or unusual factual circumstances
sufficient to justify grant of its waiver request.

     4.   Accordingly, IT IS ORDERED that, pursuant to authority delegated by section 4(i) of the
Communications Act, as amended, 47 U.S.C.  154(i), and by sections 0.331 and 22.119 of the
Commission's rules, 47 C.F.R.  0.331, 22.119, the waiver request filed by Radiofone, Inc. on February
19, 1997, IS DENIED.

     5.   IT IS FURTHER ORDERED that, pursuant to authority delegated by section 4(i) of the
Communications Act, as amended, 47 U.S.C.  154(i), and by sections 0.331, 22.119(c), and 22.128(d)(2)
of the Commission's rules, 47 C.F.R.  0.331, 22.119(c), 22.128(d)(2), the associated application of
Radiofone, Inc. IS DISMISSED.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Cynthia S. Thomas 
                              Deputy Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau