******************************************************** 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 ) ) ) Mobile Communications Service, Inc. ) File No. 93F697 ) Finder's Preference Request ) For Specialized Mobile Radio ) Station WNYJ431, Licensed to ) Robert Fetterman at Meadville, Pa ) MEMORANDUM OPINION AND ORDER Adopted: December 21, 1999 Released: December 22, 1999 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On November 22, 1999, the Wireless Telecommunications Bureau's Commercial Wireless Division issued a Memorandum Opinion and Order, DA 99-2581, granting a Petition for Reconsideration filed by Mobile Communications Service, Inc (Mobile) of a decision by the Bureau's Office of Operations denying a finder's preference request. However, on November 3, 1999 Mobile had filed a request to dismiss the original finder's preference request. As that dismissal request had been filed prior to our Order granting the petition, we hereby rescind the Order and dismiss the Petition for Reconsideration as Moot. 2. 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) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.331 and 1.106, the withdrawal of the finder's preference request filed by Mobile Communications Service, Inc. on November 3, 1999 is ACCEPTED and the November 24, 1999 request to withdraw said request is DENIED. 3. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.331 and 1.106, the Memorandum Opinion and Order, DA 99-2581, in the above-captioned Finder's Preference Case, No. 93F697, IS SET ASIDE, and the Petition for Reconsideration IS DISMISSED as MOOT. 4. IT IS FURTHER ORDERED THAT the license for Station WNYJ431 issued to Robert Fetterman REINSTATED. Federal Communications Commission William W. Kunze Deputy Chief, Commercial Wireless Division Wireless Telecommunications Bureau