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


In re Application of                    )
                              )
O.R. ESTMAN, INC.,                 )
d/b/a SATELLITE PAGING             )     
                              )              
for Local Exclusivity in Greater         )
Metropolitan New York City               )
on 929.7625 MHz                    )              

                             ORDER 


   Adopted:  November 1, 1999           Released:  November 1, 1999

By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless
Telecommunications Bureau:  

     1.   On June 24, 1994, O.R. Estman, Inc., d/b/a Satellite Paging (Satellite Paging), filed a
Petition for Reconsideration and Limited Rule Waiver, Nunc Pro Tunc  (Petition) of a March 10, 1994
return notice of NABER.  For the reasons discussed below, we deny the Petition.  
  
     2.   On January 26, 1994, Satellite Paging submitted to NABER a request for local
exclusivity on frequency 929.7625 MHz (Exclusivity Request).  On March 10, 1994, NABER returned
Satellite Paging's Exclusivity Request stating, among other things, that the request did not meet the
criteria outlined in section 90.495 of the Commission's rules to obtain local exclusivity.  In its Petition,
Satellite Paging contends that the Exclusivity Request contained a request for waiver of the 18-
transmitter minimum requirement for local exclusivity in New York City as outlined in section 90.495 of
the Commissions rules.  Satellite Paging argues that rather than returning it, NABER should have
forwarded the Exclusivity Request to the Commission for review of the so-called waiver request.

     3.   Upon review of the Exclusivity Request, we determine that the exhibit that Satellite
Paging, in its Petition, refers to as a waiver request is simply a statement entitled "O.R. Estman,
Inc./Satellite Paging Exclusivity Statement" (Statement).  Neither the title nor the text of the Statement
makes any mention of a request for waiver.  Satellite Paging, in the Statement, essentially advises that it
"wishes to inform NABER of its imminent plans to expand its network" and that it "requests that after
January 28, 1994, NABER should not coordinate new licensees on the 929.7625 MHz frequency."  We
conclude that the Statement, both in form and content, was insufficient to notify NABER that Satellite
Paging was seeking a waiver.  NABER therefore acted properly when it returned the Exclusivity
Request.  Accordingly, we deny the Petition.

     4.   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 and Limited
Rule Waiver, Nunc Pro Tunc filed by O.R. Estman, Inc., d/b/a/ Satellite Paging, on June 24, 1994, IS
DENIED.



                              FEDERAL COMMUNICATIONS COMMISSION




                              Cynthia S. Thomas 
                              Deputy Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau