Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) CAPITOL RADIOTELEPHONE ) File Nos. 26932-CD-P/ML-96 COMPANY, INC. D/B/A ) 26935-CD-P/ML-96 CAPITOL PAGING ) ) For Additional Facilities for Paging ) and Radiotelephone Service on the ) 152.24 MHz Frequency ) ) RAM TECHNOLOGIES, INC. ) File No. 28384-CD-P/ML-96 ) For an Additional Facility for Paging ) and Radiotelephone Service on the ) 152.24 MHz Frequency ) ORDER Adopted: November 9, 1999 Released: November 9, 1999 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On January 13, 1999, Capitol Radiotelephone Company, Inc. d/b/a Capitol Paging (Capitol Paging) filed a petition for reconsideration (Petition for Reconsideration) of the December 14, 1998 Order, which dismissed the above-captioned applications filed by Capitol Paging. Capitol Paging states that it is seeking reconsideration of the December 14, 1998 Order because it incorrectly dismissed Capitol Paging's applications for the 152.24 MHz frequency at Point Pleasant, West Virginia and Ripley, West Virginia as mutually exclusive based on a pending application filed by RAM Technologies, Inc. (RAM) for the frequency 152.24 MHz at Gallipolis, Ohio (Gallipolis Station). Capitol Paging is seeking dismissal of RAM's application for the Gallipolis Station, and the reinstatement and grant of Capitol Paging's applications at Point Pleasant and Ripley, West Virginia. For the reasons discussed below, we deny the Petition. 2. In the Paging Second Report and Order, the Commission announced that all pending mutually exclusive paging applications, and all paging applications filed after July 31, 1996, would be dismissed. However, Capitol Paging maintains that its application should not have been dismissed as mutually exclusive because RAM's application for the Gallipolis Station was allegedly defective. Capitol Paging explains that on November 4, 1997, in File No. 28384-CD-P/ML-96, it filed a Petition to Dismiss as Blatantly Defective (Dismissal Petition) an application by RAM for the Gallipolis Station. In the Dismissal Petition, Capitol Paging alleged that RAM's application was not in a condition acceptable for filing when originally tendered to the Commission, and was not cured in time to be deemed mutually exclusive with Capitol's application. 3. We disagree. A review of our records indicates that on November 17, 1997, RAM filed a Minor Amendment to its application for the Gallipolis Station. The filing of such an amendment, which is permissible under our rules, "cured" any defects alleged by Capitol Paging in their Dismissal Petition. Because RAM cured the defect in its application through a Minor Amendment, the applications of RAM and Capitol Paging were properly dismissed as mutually exclusive in the December 14, 1998 Order. We therefore affirm that Order and deny Capitol Paging's Petition for Reconsideration. 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 Capitol Radiotelephone Company, Inc. d/b/a Capitol Paging on January 13, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, Order, 14 FCC Rcd 700 (1998) (December 14, 1998 Order). Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, Second Report and Order and Further Notice of Proposed Rulemaking, 12 FCC Rcd 2732, 2737 at ? 6 (1997) (Paging Second Report and Order). Under section 22.122 of our rules, 47 C.F.R. ? 22.122, pending applications may be amended as a matter of right if they have not been designated for hearing or listed in a Public Notice for a random selection or competitive bidding process. RAM's application for the Gallipolis Station did not fit into either of those categories. At the time of the filing of Capitol Paging's Reconsideration Petition, the Commission had not yet ruled on its Dismissal Petition. However, in an order issued August 17, 1999, the Policy and Rules Branch, Commercial Wireless Division dismissed Capitol Paging's Dismissal Petition as moot, stating that the Commercial Wireless Division's Narrowband Branch, on its own motion, i.e., in the December 14, 1998 Order, had dismissed RAM's underlying application. See Robert R. Rule, d/b/a Rule Communications, et al., Order, File No. 25594-CD-P/L-95, et al., DA 99-1645 (Aug. 17, 1999). Federal Communications Commission DA 99-2481 Federal Communications Commission DA 99-2481