******************************************************** 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 ) ) PAC-WEST TELECOMM, INC. ) File No. 27490-CD-P/L-96 ) Paging and Radiotelephone Service ) Station KNKS216 ) 931.5375 MHz, Glamis, CA ) ORDER Adopted: November 5, 1999 Released: November 5, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On May 8, 1996, Pac-West Telecomm, Inc. (Pac-West), an existing licensee on the 931.5375 MHz frequency, filed a petition for reconsideration (Petition) of an April 8, 1996 decision issued by the Chief of the Narrowband Branch (Branch), Commercial Wireless Division, Wireless Telecommunications Bureau. In that decision, the Branch "returned" Pac-West's March 29, 1996 application for an additional 931.5375 MHz base station at Glamis, California. The Branch stated that Pac-West's application was being returned in accordance with the Paging Notice of Proposed Rulemaking, wherein the Commission suspended acceptance of all new applications for paging channels that were not received by the Commission as of February 8, 1996. For the reasons discussed below, we dismiss the Petition as moot. 2. Pac-West's Petition states that it filed the above-captioned application in order to preserve its rights to obtain consolidated consideration with the mutually exclusive application of Dimitri A. Moss for an initial, stand-alone transmitter on the 931.5375 MHz frequency at Blythe, CA (File No. 24517-CD- P/L-96), which was "accepted for filing" by Public Notice on February 28, 1996. As argued by Pac-West, the procedures established in the Paging NPRM, while not requiring "acceptance" of Pac-West's application, did require the Branch to "receive and hold" Pac-West's application rather than return it to Pac-West. Accordingly, Pac-West requested that the Commission permit Pac-West's Glamis application to be restored to pending status nunc pro tunc. 3. Our records reveal that Pac-West's application was reinstated based on the interim paging procedures established in the First Report and Order, accepted, processed and ultimately dismissed in the Paging Application Dismissal Order, because the frequency was unavailable. We therefore dismiss Pac- West's Petition as moot. 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 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 Pac-West Telecomm, Inc. on May 8, 1996, IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau