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

In the Matter of Application of )
                                )
PARK CITY MOUNTAIN RESORT       )       FCC File No. A027818
                                )
to Provide Private Land Mobile Radio )
Service at Lewis Peak, Utah     )



                    ORDER ON RECONSIDERATION


   Adopted:  October 8, 1999            Released:  October 12, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:
                                
     1.  In this Order, we deny the petition for reconsideration filed by Park City Mountain Resort
(Park City) on March 12, 1999.  For the reasons discussed below, we affirm the decision by the Licensing
and Technical Analysis Branch (Branch), Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau to dismiss the above-captioned application to provide private land mobile
radio service at Lewis Peak, Utah.

     2.  On October 19, 1998, Park City electronically filed an application seeking to provide private
land mobile radio service at Lewis Peak, Utah.  Because the proposed station would be located 51.17 miles
from Station WPIZ444, a co-channel station that is licensed to UCS Sales, Inc. (UCS), Park City also
submitted a request for waiver of Section 90.621(b)(4) of the Commission's Rules, which requires a
minimum separation of 55 miles between the applicant's proposed station and a co-channel station. 
Section 90.621(b)(4) requires an applicant seeking a waiver of the separation requirement to submit, along
with its application, a certificate of service indicating that all co-channel licensees within the applicable
area were served with a copy of its application and all attachments thereto.  Park City failed to comply
with this requirement when it submitted its application initially.  Consequently, on February 25, 1999, the
Branch dismissed Park City's application.  

     3.  On March 12, 1999, Park City submitted a petition for reconsideration.  In its reconsideration
petition, Park City indicated that after its application was dismissed, it served a copy of its application
upon all affected co-channel licensees.  Given that it subsequently cured the defect, Park City argues that
dismissal of its application should be reconsidered.  We disagree.  Park City's petition confirms that it had
failed to submit the required certificate of service with its application on October 19, 1998.  Therefore, we
find that the Branch properly dismissed the subject application as defective.  Accordingly, Park City's
petition for reconsideration is denied.  

     4.  If Park City still desires authorization for the proposed station, it must file a new application
and waiver request.  In this connection, Park City should be advised that we received an objection to Park
City's original application from UCS.  In light of such objection, we encourage Park City to contact UCS
regarding this matter.

     5.   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 Park City Mountain
Resort on March 12, 1999, IS DENIED.

     6.  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