******************************************************** 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 the Matter of ) ) METRO/DELTA, INC. ) File No. 0000001677 ) Relocation of the 152.63 MHz Base ) Station of Station KRM992 to a ) New Site at Ruleville, Mississippi ) ORDER Adopted: November 5, 1999 Released: November 5, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On October 16, 1998, Metro/Delta, Inc. (MDI) filed a petition for reconsideration (Petition) of an action taken by the Commercial Wireless Division's Licensing and Technical Analysis Branch (Branch). For the reasons discussed below, we grant the Petition. 2. On July 22, 1998, MDI filed an FCC Form 489 (Notification of Commencement of Service or of Additional or Modified Facilities), notifying the Commission of the relocation of the 152.63 MHz base station of paging and radiotelephone service station KRM992 to a new site at Ruleville, Mississippi. On September 9, 1998, the Branch dismissed the FCC Form 489 for an insufficient filing fee, stating that MDI should have submitted a filing fee in the amount of $280.00, rather than the $45.00 which was submitted. In its Petition, MDI argues that this action contravenes section 1.1116(b) of the Commission's rules, which provides that "filings accompanied by insufficient fees . . . will be billed for the amount due if the discrepancy is not discovered until after 30 calendar days from the receipt of the . . . filing at the Commission." Because the discrepancy in MDI's FCC Form 489 filing fee was not discovered until more than 30 days after the original filing date, we hereby grant the Petition and accept MDI's FCC Form 489 notification as of the original filing date of July 22, 1998. We will, however, bill MDI for the discrepancy based on the fees in effect at the time the FCC Form 489 was filed. 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 Metro/Delta, Inc. on October 16, 1998, IS GRANTED in part as specified herein. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau