********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect 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. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-1639 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: July 31, 1997 WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS DIVISION APPROVES WITHDRAWALS OF PETITIONS FOR RECONSIDERATION, PETITIONS TO DENY, PETITIONS TO REVOKE LICENSES, AND PETITION FOR DECLARATORY RULING Petitions for Reconsideration On the dates listed below, petitions for reconsideration were filed against actions taken by the Commercial Wireless Division's (Division) Licensing and Technical Analysis Branch (formerly Narrowband Branch) on the applications listed below for paging facilities filed under Part 22 of the Commission's rules. The petitioners subsequently submitted requests to withdraw each petition. The Division has reviewed the petitions for reconsideration and finds that they raise no substantial or material questions of fact under Sections 309 and 405 of the Communications Act, as amended, 47 U.S.C.  309 and 405. The Division has further reviewed and hereby approves the withdrawals of the petitions in accordance with Sections 1.106, 22.129, and 0.331 of the Commission's rules, 47 C.F.R.  1.106, 22.129 and 0.331. File Nos./Applicant Petitioner Date Filed Date Withdrawn 25304-CD-P-/L-01-93 HJW Airways, Inc. (DePere) Access Plus, Inc. 6/28/93 11/17/94 25579-CD-P-/L-01-93 HJW Airways, Inc. (West Bend) Access Plus, Inc. 6/28/93 11/17/94 28091-CD-P/ML-01-94 MobileComm of the West, Inc. MobileComm of the West, Inc. 9/22/94 12/1/94 Arch Capitol District, Inc. Petitions for Reconsideration On February 24, 1995, the Commercial Radio Division approved, by Public Notice, a settlement among Arch Capitol District, Inc. (Arch), Professional Communications, Inc., USA Mobile Communications, Inc., and PCI Holding Company, Inc., pursuant to which Arch dismissed several petitions. The Commercial Radio Division formally approved the dismissal of most of the petitions in the February 24, 1995 Public Notice, but inadvertently did not approve the dismissal of the two petitions for reconsideration listed below. Because the withdrawals technically remain pending, the Division formally approves the withdrawals by this Public Notice. The Division has reviewed the petitions for reconsideration and finds that they raise no substantial or material questions of fact under Sections 309 and 405 of the Communications Act, as amended, 47 U.S.C.  309 and 405. The Division has further reviewed and hereby approves the withdrawals of the petitions in accordance with Sections 1.106, 22.129, and 0.331 of the Commission's rules, 47 C.F.R.  1.106, 22.129, and 0.331. File Nos./Applicant Petitioner Date Filed Date Withdrawn 27127-CD-P/ML-01-90 Arch Capitol District, Inc. Arch Capitol District, Inc. 8/15/92 2/15/95 26493-CD-P/ML-01-90 Professional Comm., Inc. Arch Capitol District, Inc. 8/15/92 2/15/95 Meta RCC, Inc. Petition for Reconsideration On June 13, 1991, Meta RCC, Inc. (Meta), filed a petition for reconsideration of an action taken by the Mobile Services Division dismissing Meta's application, File No. 20182-CD-P/ML-90, to extend the construction deadline of its authorization for Station KNKM281, in San Diego, California. On June 2, 1997, the Commercial Wireless Division sent a letter to Meta asking it to inform the Division if Meta had any continuing interest in pursuing its petition. Meta did not respond to the Division's letter. Meta's petition is therefore dismissed pursuant to Section 22.128(c) of the Commission's rules, 47 C.F.R.  22.128(c), for failure to respond within a specified time period to official correspondence. This action is taken pursuant to authority delegated under Section 405 of the Communications Act, as amended, 47 U.S.C.  405, and Section 0.331 of the Commission's rules, 47 C.F.R.  0.331. Petitions to Deny On the dates listed below, petitioners filed petitions to deny the applications listed below for paging facilities filed under Part 22 of the Commission's rules. The petitioners subsequently filed requests to withdraw each petition. The Division has reviewed the petitions to deny and finds that they raise no substantial or material questions of fact under Section 309 of the Communications Act, as amended, 47 U.S.C.  309. The Division has further reviewed and approves the withdrawals of the petitions in accordance with Sections 22.129, 22.130, and 0.331 of the Commission's rules, 47 C.F.R.  22.129, 22.130 and 0.331. File Nos./Applicant Petitioner Date Filed Date Withdrawn 22435-CD-P/L-95 Chester Zaremba Metrocall, Inc. 12/30/94 2/9/95 27547-CD-P/L-01-93 Access Plus, Inc. (Sun Prairie) HJW Airways, Inc. 9/17/93 11/17/94 29123-CD-P/ML-01-94 Tadlock Communications, Inc. Page America Communications of California, Inc. 10/23/94 3/14/97 Petitions to Revoke Licenses On the dates listed below, petitions to revoke licenses were filed against the licensees of paging facilities under Part 22 of the Commission's rules. The petitioners subsequently submitted requests to withdraw each petition. The Division has reviewed the petitions to revoke the licenses and finds that they raise no substantial or material questions of fact under Section 312 of the Communications Act, as amended, 47 U.S.C.  312. The Division has further reviewed and hereby approves the withdrawals of the petitions in accordance with Sections 22.129 and 0.331 of the Commission's rules, 47 C.F.R.  22.129 and 0.331. File Nos./Applicant Petitioner Date Filed Date Withdrawn 30431-CD-ML-92 Ameritech Mobile Services, Inc. Connie Ray Harmon 8/30/95 3/12/96 26340-CD-R-01-88 Bell Telephone Company of PA Paging Plus, Inc. 12/15/93 1/21/94 Acadian Ambulance Services, Inc. Petition for Declaratory Ruling On March 31, 1994, Acadian Ambulance Services, Inc., withdrew its Petition for Declaratory Ruling, File No. MSD 93-11, filed January 21, 1993. The Division has reviewed the petition and withdrawal and hereby approves the withdrawal of the petition in accordance with Sections 1.2 and 0.331 of the Commission's rules, 47 C.F.R.  1.2 and 0.331. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. For further information, contact Don Johnson at (202) 418-7240, Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch.