Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) RADIOFONE, INC. ) File Nos. 680345-GS ) 680341-GS For 929.6375 and 929.6875 MHz ) High Point, Fayetteville and Enka, NC; ) and St. George, SC ) ORDER Adopted: October 25, 1999 Released: October 25, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On July 29, 1994, NABER, on behalf of Radiofone, Inc. (Radiofone), filed the captioned applications for private carrier paging authorization on frequencies 929.6375 and 929.6875 MHz. On March 9, 1995, the Commercial Wireless Division's Land Mobile Branch (Branch) returned the applications pursuant to section 90.495(d), finding that applications for channel exclusivity may request no more than one frequency in each location to be serviced. Radiofone filed requests for waiver (Waiver Requests) of section 90.495(d) of the Commission's rules on May 4, 1995. For the reasons discussed below, we dismiss the Waiver Requests as moot and grant authorizations on frequency 929.6375 MHz. 2. In captioned applications and the Waiver Requests, Radiofone seeks authorization to operate on frequencies 929.6375 and 929.6875 MHz with regional exclusivity. Section 90.175(f) of the Commission's rules requires that applications for frequencies in the 929-930 MHz band include a statement from the frequency coordinator recommending the most appropriate frequency. Radiofone's applications were coordinated by NABER prior to their filing with the Commission. However, at the time Radiofone's applications were filed, July 29, 1994, there was pending before the Commission a request by Greenline Partners Inc. (Greenline Waiver), filed on April 21, 1994, seeking a waiver of the nationwide exclusivity rules in order to obtain nationwide exclusivity on frequency 929.6875 MHz. Because Greenline's Waiver requesting nationwide exclusivity on frequency 929.6875 MHz was pending at the time Radiofone sought regional exclusivity on the same frequency, NABER did not properly coordinate Radiofone's applications seeking regional exclusivity on 929.6875 MHz before it was filed with the Commission. Accordingly, we deny Radiofone's captioned applications to the extent they seek authorizations for frequency 929.6875 MHz. 3. Radiofone's applications seeking authorization on frequency 929.6375 MHz, however, were properly coordinated by NABER. Accordingly, we grant Radiofone's captioned applications to the extent they seek authorizations for frequency 929.6375 MHz. 4. Having denied Radiofone's applications for frequency 929.6875 MHz, and having granted its applications for frequency 929.6375 MHz, we determine its Waiver Requests to be moot. We therefore, dismiss Radiofone's Waiver Requests. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), (405), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Applications of Radiofone, Inc., filed on July 29, 1994, ARE DENIED to the extent that they seek authorization for frequency 929.6875 MHz. 6. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), (405), and by section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Applications of Radiofone, Inc., filed on July 29, 1994, ARE GRANTED to the extent they seek authorization for frequency 929.6375 MHz. 7. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), (405), and by sections 0.331 and 1.931 of the Commission's rules, 47 C.F.R.  0.331, 1.931, the Requests for Waiver filed by Radiofone, Inc. on May 4, 1995, ARE DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau