******************************************************** 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. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) FLORIDA NETWORK U.S.A., INC. ) File No. 23411-CD-P/ML-95 ) Authorization to Construct and Operate) New Transmitting Facilities in the Paging) and Radiotelephone Service on 931.4625 ) MHz at Laredo, Texas ) ORDER Adopted: February 11, 1998 Released: February 11, 1998 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this order, the Commercial Wireless Division denies American 900 Paging, Inc.'s ("American") petition for reconsideration ("Petition") of the grant by the Licensing and Technical Analysis Branch (formerly Narrowband Branch) of Florida Network U.S.A., Inc.'s ("Florida") application for authorization to construct and operate new transmitting facilities in the paging and radiotelephone service on frequency 931.4625 MHz at Laredo, Texas. 2. On November 18, 1994, Florida filed an application for authorization to construct and operate new transmitting facilities in the paging and radiotelephone service on frequency 931.4625 MHz at Laredo, Texas. On January 20, 1995, American filed an application for authorization to construct and operate new transmitting facilities in the paging and radiotelephone service on frequency 931.4625 MHz at Laredo, Texas On May 24, 1995, the Commercial Wireless Division's Licensing and Technical Analysis Branch granted Florida the frequency 931.4625 MHz at Laredo, Texas. On June 20, 1995, American filed its Petition seeking reconsideration of the frequency assigned to Florida, and requesting that frequency 931.4625 MHz be vacated and set aside and American's and Florida's applications be accorded simultaneous consideration because they are mutually exclusive. 3. In response to American's Petition, the Licensing and Technical Analysis Branch determined that the frequency in question is not available to American. Although American timely filed its application within sixty days after Florida's application was accepted for filing, Florida was granted the frequency 931.4625 MHz because it filed before American and another frequency was available to American at the time the frequencies were assigned. Therefore, the applications were not mutually exclusive. 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) and 405, authority delegated by section 0.331 of the Commission's rules, 47 C.F.R  0.331, and pursuant to section 1.106 of the Commission's rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed by American 900 Paging, Inc. on June 20, 1995, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau