******************************************************** 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. 695072 ) 695074 For 929.6875 MHz at Various Locations ) 695075 in the States of Florida, Alabama, and ) Arkansas ) ) ORDER Adopted: October 8, 1999 Released: October 8, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On April 21, 1997, Radiofone Inc. (Radiofone) filed a petition for reconsideration (Petition) of a March 21, 1997 decision of the Licensing Division of Land Mobile Branch (Branch), Private Radio Bureau, dismissing Radiofone's earlier petition for reconsideration (1997 Reconsideration Decision). On May 5, 1997, Greenline Partners, Inc. (Greenline) filed an opposition to the Petition. On May 16, 1997, Radiofone filed a reply to the opposition. For the reasons discussed below, we dismiss the Petition. 2. In its 1997 Reconsideration Decision, the Branch affirmed its decision to dismiss Radiofone's above-captioned applications because of its earlier finding that Radiofone failed to submit its application with frequency coordination. 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, the Branch dismissed the applications because they lacked frequency coordination. 3. In the instant 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. 4. 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 April 21, 1997, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau