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



In the Matter of                   )
                              )
APPLIED TECHNOLOGY GROUP, INC.     )     
                              )    
Request for Waiver of                   )
Distance Separation Standards           )    
for Local Channel Exclusivity           )                   
in the 929-930 MHz Band            )
                              )     


                             ORDER 


   Adopted:  September 29, 1999         Released:  September 29, 1999

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

     1.   On March 29, 1994, Applied Technology Group, Inc. (Applied) filed a request for a
waiver of section 90.495(a)(1)(i)(A) of the Commission's rules, which provides that for applicants for
paging stations in the 929-930 MHz band to be eligible for local channel exclusivity, their systems must
consist of at least six transmitters, and each transmitter must be located within 25 miles (40 kilometers)
of at least one other transmitter in the system.  Applied requests a waiver because the distance between
three of its proposed transmitters exceeds 25 miles.  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.  Applied provides general statements in its request that a waiver
of the distance separation standards is appropriate in this instance because there are no suitable sites
available for transmitters in the subject areas.  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 Applied 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 Applied Technology Group,
Inc. on March 29, 1994, IS DENIED.

     

                              FEDERAL COMMUNICATIONS COMMISSION




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