******************************************************** 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 ) ) RADIOFONE, INC. ) File Nos. 695278-GS ) 695279-GS For 929.6875 MHz at Various Locations ) 695280-GS in the States of Louisiana, Florida, Alabama ) 695281-GS & Texas ) ORDER Adopted: October 8, 1999 Released: October 8, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On February 23, 1995, Radiofone, Inc. (Radiofone) filed the above-captioned applications for private carrier paging authorization on frequency 929.6875 MHz. The Commercial Wireless Division's Land Mobile Branch (Branch) dismissed the applications on April 22, 1996. Radiofone filed a petition for reconsideration (petition) on May 16, 1996. For the reasons discussed below, we deny the Petition. 2. Section 90.175 (f) of the Commission's rules requires that applications for frequencies in the 929-930 MHz band must include a statement from the frequency coordinator recommending the most appropriate frequency. The above-captioned applications were forwarded to the Commission by the National Association of Business and Educational Radio, Inc. (NABER), the Commission-appointed frequency coordinator, without a frequency recommendation for the applicant, because of a pending Request for Rule Waiver (Waiver Request) filed by Greenline Partners, Inc. on April 21, 1994. Thus, on April 22, 1996, the Branch dismissed the applications because they lacked frequency coordination. In its Petition, Radiofone argues that the Branch should not have dismissed the applications, but, instead, should have retained them as pending until final disposition of the Greenline Waiver Request. We disagree. As discussed above, the Commission's rules require frequency coordination before an application for a 929 MHz frequency can be processed. Having found the applications to be defective, the Branch was under no obligation to hold the applications until the applicant was able to obtain frequency coordination. We, therefore, affirm the finding of the Branch and deny the Petition. 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.  0.331, 1.106, the petition for reconsideration filed by Radiofone, Inc. on May 16, 1996, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau