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

                                   )
In the Matter of                   )
                                   )    
AMERICAN PAGING, INC. (OF UTAH)    )    File No. 24426-CD-01-94
                                   )         
License for Authority to Operate Public )
Land Mobile Radio Service Station KNKB388    )
At Pocatello, Idaho on the 158.10 MHz   )


                             ORDER


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

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

     1.   On June 13, 1995, Teton Communications, Inc. (Teton) filed a pleading entitled
"Complaint and Request for Correction of the Commission's Records" (Complaint), seeking
cancellation of the above-captioned license held by American Paging, Inc. (of Utah) (API).  Teton
argues that API failed to construct the above-captioned facility and does not offer service in
Pocatello, Idaho.  Teton requests that the Commission, therefore, purge its records of what Teton
characterizes as a lapsed construction permit.  For the reasons discussed below, we deny Teton's
Complaint.

     2.   Pursuant to a lottery among mutually exclusive license applicants, the Commission
granted API the authority to operate station KNKB388 on the 158.10 MHz frequency in
Pocatello, Idaho.  In accordance with the result of the lottery, the Commission dismissed Teton's
application for the same frequency, at the same location.  Teton now contends that API failed to
construct the above-captioned facility and does not offer service in Pocatello.  Teton argues that
API's license should be purged from the Commission's records for failure to construct, so that
Teton may pursue the frequency.  

     3.   Teton, however, provides inadequate support for its assertion that API failed to
timely construct and place its system into operation.  On November 3, 1993, API complied with
section 22.142(b) of the Commission's rules and properly filed its Notification of Status of
Facilities (FCC Form 489).  API explains that its Pocatello facility is "one of a number of base
station sites which provide wide-area 'roaming' coverage for customers on [its] multi-state
regional 158.10 MHz system."  API states that when it learned of Teton's allegations, it sent a
technician to check its equipment.  Upon inspection, API's technician discovered that "the receive-
only satellite dish operated with the base station was misaligned."  API explains that it
subsequently corrected the problem and KNKB388 is now functioning properly.  Because Teton 
provides no information to the contrary and fails to support its allegations that API has not
completed construction and is not providing service, we deny Teton's Complaint.   
     4.   Accordingly, IT IS ORDERED that pursuant to section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 0.331 of the
Commission's rules, 47 C.F.R.  0.331, Teton Communications, Inc.'s Complaint and Request for
Correction of the Commission's Records filed on June 13, 1995 is DENIED.


                         FEDERAL COMMUNICATIONS COMMISSION

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