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

In the Matter of Application of )
                                )
FRESNO MOBILE RADIO, INC.       )            File No. A022034
                                )
for a New 800 MHz Business Radio)
Station in the General Category, Serving)
Meadow Lakes, Fresno, California)
                                         )


                    ORDER ON RECONSIDERATION


   Adopted:  October 7, 1999            Released:  October 8, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:



 I.   In this Order on Reconsideration, we grant the Petition for
Reconsideration (Petition) of Champion Communications
Services (Champion) opposing the grant of an 800 MHz General
Category channel to Fresno Mobile Radio, Inc. (Fresno).  For the
reasons stated herein, we set aside the grant of the application to
Fresno, return the application to pending status and dismiss the
above-captioned application as defective.


    II.   On October 4, 1995, the Wireless Telecommunications
Bureau (Bureau) suspended the acceptance of new applications
for General Category channels.  The Bureau nonetheless
indicated that it would continue to process those applications for
General Category channels that were received by the Bureau's
Licensing Division as of 12:00 a.m. midnight on October 4, 1995. 
The Bureau determined that all other applications, including
those which were still in the frequency coordination process, were
subject to the suspension and would be returned to the applicant
upon receipt by the Bureau's Licensing Division.


III.   On July 9, 1998, Fresno submitted an application for a new
station to operate on General Category channel 852.2875 MHz. 
The Licensing and Technical Analysis Branch granted the
application and assigned call sign WPMJ364 to the station on
August 11, 1998.  On September 8, 1998, Champion filed the
petition opposing the grant of the license to Fresno.  Champion
argues that the Fresno application should have been dismissed as
defective because the General Category Suspension Order was still
in effect when the application was filed.  Champion furthers
argues that a waiver of the General Category Suspension Order
was not appropriate because Fresno failed to include any
information in its application to justify such a waiver.


 IV.   Section 1.934(d) of the Commission's Rules authorizes the
dismissal of an application that is found defective.  Specifically,
we may dismiss as defective an application that would not comply
with one or more of the Commission's rules and does not contain
a request for waiver of these rules.  On October 4, 1995, the
Bureau implemented a suspension on the acceptance of new
applications for General Category channels.  This suspension was
still pending when Fresno filed its application.  Accordingly, the
application is defective and will be dismissed.


  V.   Accordingly, IT IS ORDERED that pursuant to Sections 4(i)
and 405 of the Communications Act of 1934, as amended, 47
U.S.C.  154(i), 405, and Section 1.106 of the Commission's
Rules, 47 C.F.R.  1.106, the petition for reconsideration filed by
Champion Communications Services on September 8, 1997, IS
HEREBY GRANTED. 

6.  IT IS FURTHER ORDERED that pursuant to Sections 4(i)
and 405 of the Communications Act of 1934, as amended, 47
U.S.C.  154(i), 405, the grant of the license for call sign
WPMJ364 will be set aside and the application is returned to
pending status and IS HEREBY DISMISSED.

7.  This action is taken under delegated authority pursuant to
Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.
 0.131, 0.331.                                       
                                             FEDERAL COMMUNICATIONS
COMMISSION
                                                 



                                             D'wana R. Terry
                                             Chief, Public Safety and Private
Wireless Division
                         Wireless Telecommunications Bureau