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



In re:                             )
                              )
SIMS COMPANY, INC.            )    File No.  26960-95  
                              )              
For Application to Change Frequency          )
From 931.3375 to 931.7625 MHz            )   
under Call Sign KOR793 at                )
Seattle, Washington                )
                    

                             ORDER 


   Adopted:  October 26, 1999           Released:  October 26, 1999

By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:  

     1.   On January 13, 1999, Sims Company, Inc. (Sims) filed a petition for reconsideration
(Petition) of the Paging Application Dismissal Order.  Sims states that its predecessor applied for
frequency 931.7625 MHz in Seattle, Washington as part of a nine site wide-area system.  However, on
December 21, 1994, Sims was, instead, issued the above-captioned license for the 931.3375 MHz
frequency.  On March 7, 1995, Sims filed an application requesting authority to change the authorized
frequency from 931.3375 MHz to 931.7625 (March 7 Application).  That application was dismissed as
part of the Paging Application Dismissal Order.   For the reasons discussed below, we deny the Petition.

     2.   Sims argues in its Petition that the Division erred when it dismissed its application,
because the application was not mutually exclusive.  While we agree that the above-captioned
application was not mutually exclusive, we deny Sims' petition on other grounds.  

     3.   Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as
amended, the frequency requested by Sims, i.e., the 931.7625 MHz frequency, may not be assigned in
the continental United States north of Line A.  In the March 7 Application, Sims included a request for
waiver of section 22.531(e)(3) of the Commission's rules and expedited coordination with the Canadian
Department of Communications.  Sims stated that it demonstrated "through informal discussions with the
staff of the Department of Communications, that there were no proposed or authorized co-channel
stations in the Western portion of Canada near Seattle and that the proposed station wold be able to
protect a theoretical Canadian co-channel located at the nearest Canadian border point."  Sims requests
that the Commission reconsider the application dismissal, restore the application to the processing line
and re-coordinate with Canada by asking that it clear the assignment on a secondary basis.  

     4.   The Commercial Wireless Division's Licensing Branch attempted to coordinate with
Canada to allow Sims authorization of this frequency by filing a request with Canada through the
International Frequency Coordination System (known as COSER) on March 25, 1997.  However, on
April 16, 1997, this request was denied by Canada.  We therefore deny Sims's 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
and of the Commission's rules, 47 C.F.R.  0.331, 1.106, the petition for reconsideration filed by Sims
Company, Inc. on January 13, 1999, IS DENIED.     

                              FEDERAL COMMUNICATIONS COMMISSION




                              William Kunze 
                              Deputy Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau