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



In the Matter of                   )
                              )
A+ NETWORK, INC.                   )    File No. D058723
                              )    
Request for Waiver of the               )
Commission's Interim Paging             )    
Application Criteria                    )                   





                             ORDER 


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

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

     1.   On July 30, 1996, A+ Network, Inc. (A+), the predecessor-in-interest to Metrocall USA,
filed a request for a waiver of the interim paging application criteria 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.  A+
requested a waiver so that it can acquire aditional sites on the 929.0125 MHz frequency which are beyond
40 miles of authorized and operational sites on the same frequency.  For the reasons discussed below, we
deny the waiver request.
  
     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.  A+ states that, absent this waiver, Charleston area residents, and A+'s existing
regional subscribers, may be without paging services in the subject service area for several years.  On the
basis of the record before us, we are neither persuaded that grant of this waiver would be in the public
interest, nor do we find that A+ has presented unique or unusual factual circumstances sufficient to justify
grant of its waiver request.

     3.   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 A+ Network, Inc. on July 30,
1996, IS DENIED.

     

                              FEDERAL COMMUNICATIONS COMMISSION




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