Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) Michael Jenkins d/b/a Page Me ) File No. 36809-CD-P/ML-95 ) For Reconsideration of Termination of ) License for facilities in the Paging and ) Radiotelephone Service ) Station KNKP668 at Winnemucca, Nevada ) ORDER ON RECONSIDERATION Adopted: October 29, 1999 Released: October 29, 1999 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On May 30, 1997, Michael Jenkins d/b/a Page Me (Page Me) filed a petition for reconsideration (Petition) of the termination of Page Me's above-captioned authorization for Paging and Radiotelephone Service Station KNKP668, on the 158.10 MHz frequency, at Winnemucca, Nevada. For the reasons discussed below, we grant the Petition. 2. On April 28, 1994, the Narrowband Branch (Branch) granted Page Me's first application for a new 158.10 MHz base station at Winnemucca, Nevada under File No. 21492-CD-P/L-94 (First Authorization). Page Me failed to file an FCC Form 489, however, to notify the Commission that it had completed construction and commenced service to the public. After realizing that it had failed to notify the Branch of completion of construction on a timely basis, rather than submitting an FCC Form 489 for the First Authorization, Page Me filed the above-captioned application on August 30, 1995, to relicense its base station at Winnemucca. On December 15, 1995, the Branch terminated Page Me's First Authorization and granted the second application under File No. 36809-CD-P/ML-95 (Second Authorization). 3. On April 1, 1996, Page Me filed an FCC Form 489 completion of construction notification for its 158.10 MHz base station at Winnemucca. That notification, however, while timely filed with respect to the Second Authorization, incorrectly listed File No. 21492-CD-P/L-94, the First Authorization, rather than File No. 36809-CD-P-M/L-95, the Second Authorization. Consequently, on April 30, 1997, the Branch issued a Public Notice terminating the Second Authorization. 4. Page Me's Petition requests that the Commission: (1) reconsider the termination of the above-captioned authorization; (2) issue a superseding license for Station KNKP668 as authorized under either File No. 21492-CD-P/L-94 or 36809-CD-P/ML-95; and (3) issue a corrective public notice so that the public will not be under the erroneous impression that the frequency 158.10 MHz is available for assignment at Winnemucca, Nevada. 5. Our records indicate that, in response to the Petition, the Branch corrected the status of the Second Authorization to reflect the timely receipt of the FCC Form 489, returned the second application (File No. 36809-CD-P-M/L-95) to pending status, and granted that application. The Petition, however, was not formally granted. Because this Petition technically remains pending, we formally grant the Petition by this Order. 6. Accordingly, IT IS ORDERED that, pursuant to the 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 and 1.106, the petition for reconsideration filed by Michael Jenkins d/b/a Page Me on May 30,1997, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Cynthia S. Thomas Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau