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


In re Application of                         )
                                   )
MetroNet, Inc.                          )    File No. 27169-CD-R-01-89
                                   )
For Modification to Facility                 )
at Johnston, Rhode Island on                 )
the 72.38 MHz Frequency                 ) 

  
                             ORDER


   Adopted:  December 9, 1999           Released:  December 9, 1999

By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.   On January 27, 1994, MetroNet, Inc. (MetroNet) filed a petition for reconsideration
(Petition) of a January 14, 1994 letter order issued by the Chief of the Mobile Services Division
(Division), Common Carrier Bureau.  For the reasons discussed below, we deny the Petition.

     2.   MetroNet filed an FCC Form 489 on January 10, 1994 (Form 489) in order to notify the
Commission that it had made changes to the transmit antenna of its control facility located in Johnston,
Rhode Island, under call sign KUS271 on the 72.38 MHz frequency.  In the Engineering Statement
attached to its Form 489, MetroNet claimed that because its modifications did not enlarge the service area
or increase the effective radiated power (ERP) of the licensed facilities, the modifications should be
considered minor under section 22.9(d) of the Commission's Rules.  The letter issued by the Division Chief
rejected MetroNet's use of the Form 489 as unacceptable for filing, stating that "[c]hanges in antenna
system orientation for a control facility must be filed on a Form 401."    

     3.   We affirm the Division's decision to deny MetroNet's Form 489 because, pursuant to
former section 22.9 of the Commission's rules, MetroNet's changes to its antenna system orientation
resulted in a major modification to its license.  We therefore deny MetroNet's Petition.  We note, however,
that the Commission has changed its rule categorizing filings as major or minor.  Under current section
1.929, MetroNet's modifications would now be considered minor because MetroNet's  service area was not
enlarged and there was no increase in the ERP of the licensed facilities.  Therefore, in accordance with
sections 1.913(b) and 1.947 of the Commission's rules, we will permit MetroNet to refile electronically,
using the Universal Licensing System (ULS), a notification of its modifications to the Johnston Station, as
discussed above, within thirty (30) days of the date of this order.  
       
     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 MetroNet, Inc. on
January 27, 1994, IS DENIED.  

     5.   IT IS FURTHER ORDERED that, pursuant to sections 1.913(b) and 1.947 of the
Commission's rules, 47 C.F.R.  1.913(b), 1.947, MetroNet may file an electronic notification of its
modifications to the Johnston Station within thirty (30) days of the date of this order.    


                              FEDERAL COMMUNICATIONS COMMISSION



                              William W. Kunze
                              Deputy Chief
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau