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



In re Application of               )
                                   )
PIERRE RADIO PAGING                )    File No. 2000C3-LML
& TELEPHONE CORPORATION            )
                                   )
For Modification of CMRS Station             )
KNKK446 at Lyman, South Dakota          )




                             ORDER


   Adopted:  November 5, 1999           Released:  November 5, 1999

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

     1.   On April 22, 1996, Pierre Radio Paging & Telephone Corporation (Pierre) filed a petition
for reconsideration (Petition) of an action taken by the Commercial Wireless Division's Narrowband
Branch (Branch).  For the reasons discussed below, we deny the Petition.

     2.   On March 6, 1996, Pierre filed the above-captioned application for modification of station
KNKK446 at Lyman, South Dakkota.  On March 22, 1996, the Branch dismissed the application,
explaining that, due to the fundamental changes proposed in the Part 22 paging licensing rules, the
Commission suspended acceptance of all new applications for paging channels as of February 8, 1996.  In
its Petition, Pierre argues that the subject application is for two-way service, not paging service, and is thus
not subject to the freeze on acceptance of paging applications.  We disagree.  In the First Report and
Order in WT Docket No. 96-18, released April 23, 1996, the Commission stated that the two-way mobile
telephone service on the two-way channels listed in section 22.561 of the Commission's rules are not
exempt from the paging application freeze.  Because Pierre's application was for service on the 152.78
MHz channel, which is one of the channels listed in section 22.561, the application was properly dismissed. 
We, therefore, deny Pierre's Petition.


     3.   Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the
Communications Act of 1934, 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 Pierre Radio
Paging & Telephone Corporation on April 22, 1996, IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Paul D'Ari                         
                                   Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau