******************************************************** 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 ) ) CONTACT COMMUNICATION INC. ) File No. 25355-CD-P/ML-95 ) Authorization for a New Transmitting Facility) Under Station KNKM569 on 931.2125 MHz ) in the Paging and Radiotelephone Service:) Laredo, TX ) 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 Contact Communication Inc.'s ("Contact") petition for reconsideration ("Petition") of the grant by the Licensing and Technical Analysis Branch (formerly Narrowband Branch) of its application for authorization for a new transmitting facility on assigned frequency 931.2125 MHz at Laredo, Texas. 2. On November 18, 1994, Florida Network U.S.A., Inc. ("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, Contact's predecessor, American 900 Paging Inc. ("American") filed an application for authorization of a new transmitting facility on frequency 931.4625 at Laredo Texas. On May 24, 1995, the Commercial Wireless Division's Licensing and Technical Analysis Branch granted Florida frequency 931.4625 MHz at Laredo, Texas. On August 21, 1996, the Licensing and Technical Analysis Branch granted Contact frequency 931.2125 MHz at Laredo, Texas. On September 20, 1996, Contact filed its Petition seeking reconsideration of the assigned frequency, and requesting assignment of its preferred frequency, 931.4625 MHz. 3. The Licensing and Technical Analysis Branch determined that Contact's requested frequency was unavailable because it had already been assigned to Florida, whose application was accepted for filing before Contact's. Additionally, applicant's are not entitled to their requested frequency. While section 22.501(p)(2) allows an applicant to specify a frequency, the Commission is not bound by such requests. 5. Accordingly, IT IS ORDERED, that, pursuant to authority delegated by sections 4(i) and 405 of the Communications Act of 1934, 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 Contact Communication Inc., on September 20, 1996, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau