******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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: ) ) JOE WALTERS, JR. ) PRS Station KNLM382 ) File Nos. 30336-CD-P/L-96, 30455-CD-P/L-96 For Various 931.1125 MHz ) 30190-CD-P/L-96, 30369-CD-P/L-96 Base Stations in the Greater ) 30340-CD-P/L-96, 30194-CD-P/L-96 Houston, Texas Metropolitan Area ) 30192-CD-P/L-96, 30189-CD-P/L-96 ) 31880-CD-P/L-96, 31879-CD-P/L-96 ) 30625-CD-P/L-96, 30451-CD-P/L-96 ) 30367-CD-P/L-96, 30186-CD-P/L-96 ) 30247-CD-P/L-96 ) UNICOMM PAGING, INC. ) PRS Station KNLR434 ) File No. 29264-CD-P/L-96 ) ) PRS Station KNLN957 For Various 931.1125 MHz ) File No. 22700-CD-P/L-95 Base Stations in the Greater ) Houston, Texas Metropolitan Area ) ) ) ) JOE WALTERS, JR. ) PRS Station KNKP763 ) File Nos. 21855-CD-P/L-97 ) 21930-CD-P/L-97 ) 21931-CD-P/L-97 ) 21835-CD-P/L-97 For Various 931.1875 MHz ) Base Stations in the Greater ) Houston, Texas Metropolitan Area ) ORDER Adopted: October 29, 1999 Released: October 29, 1999 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On January 13, 1999, Joe Walters, Jr. and Unicomm Paging, Inc. (collectively, "Walters") filed a petition for reconsideration (Petition) of the Wireless Telecommunications Bureau's December 14, 1998 Order dismissing the above-captioned applications. For the reasons discussed below, we deny the Petition. 2. On April 28, 1997, Robert L. Coyle, Jr. (Coyle) and Walters filed an application to assign station KNLM382 from Coyle to Walters. The application was granted on June 20, 1997, and the assignment was consummated on August 5, 1997. On August 8, 1997, Toor, Inc. (Toor) and Walters filed an application to assign station KNKP763 from Toor to Walters. The application was granted on October 3, 1997, and the assignment was consummated on October 23, 1997. On January 30, 1998, Walters filed a minor amendment advising the Commission that he had acquired stations KNLM382 and KNKP763. In the Petition, Walters maintains that the above-captioned applications were erroneously dismissed by the December 14, 1998 Order because the Commission's licensing database was inaccurate. Specifically, Walters states that because the above-captioned stations are commonly owned by Mr. Walters, the Commission should have assigned the same applicant identification number to all of the applications, which would render them grantable as "nearby system expansion applications." 3. We disagree. The assignment applications were filed long after the Commission announced that it would no longer process paging license applications. Specifically, on June 10, 1996, the Commission gave notice that the processing of paging license applications filed after July 31, 1996, would be determined by a final order in the paging rulemaking proceeding and the transition to new licensing rules. In the Paging Second Report and Order, which adopted geographic area licensing and competitive bidding procedures for paging licenses, the Commission announced that all applications (other than applications on nationwide and shared channels) filed after July 31, 1996, would be dismissed. As a result, the Branch properly processed all applications filed by July 31, 1996, based on the information provided in those applications as of that date. Although the grant of the assignment applications to Walters made Walters the applicant for the "nearby system expansion applications," the assignment applications were filed long after the July 31, 1996 deadline. Accordingly, the above-captioned applications were properly dismissed. We therefore deny the Petition filed by Walters and affirm the Branch's decision to dismiss the captioned applications. 4. Accordingly, IT IS 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 1.106 of the Commission's rules, 47 C.F.R.  0.331, 1.106, the petition for reconsideration filed by Walters/Unicomm on January 13, 1999 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau