******************************************************** 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 Application of ) ) WESTERN PAGING I CORPORATION ) File No. 31987-CD-P/ML-96 ) For Additional Facilities for Paging ) and Radiotelephone Service ) Station KNKL744 on the ) 931.2125 MHz Frequency ) ) ORDER Adopted: October 29, 1999 Released: October 29, 1999 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On January 13, 1999, Western Paging I Corporation (Western) filed a petition for reconsideration (Petition) of the Wireless Telecommunications Bureau's December 14, 1998 Order dismissing the above-captioned application. For the reasons discussed below, we deny the Petition. 2. In the Paging Second Report and Order, the Commission announced that all paging applications filed after July 31, 1996, would be dismissed. In its Petition, Western states that it had previously provided the Branch with information which renders three of the proposed sites grantable, and that it had entered into two agreements with Western Telepage, Inc. (Telepage) in which Telepage consented to interference with Western's proposed facilities. The two agreements were not executed until April 7, 1998, and were not filed with the Commission until April 14, 1998. Nevertheless, Western maintains that its application should not have been dismissed as mutually exclusive. We disagree. The Branch properly processed all applications filed by July 31, 1996, based on the information provided in those applications as of that date. Because Western's agreements were filed over twenty months after the July 31, 1996 deadline, we deny Western's Petition and affirm the Branch's decision to dismiss the above- captioned application. Although four of the six proposed sites may appear to be grantable, the entire application is still considered to be mutually exclusive. This is because section 22.31(e) of the Commission's rules provides that, in applications for multiple sites, if one of the sites is deemed to be mutually exclusive, the entire application shall be dismissed as such. 3. 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 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 Western Paging I Corporation on January 13, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau