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

In re Matter of                      )
                                     )
HOWARD R. IRVIN, JR.                 )   File Nos. 27105-CD-P/L-95
                                     )   34620-CD-P/L-95
for Authorizations to Construct and Operate)
One-Way 931 MHz Paging Facilities    )
at Charleston, West Virginia and     )
Huntington, West Virginia            )


                                  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 Howard R. Irvin, Jr.'s ("Irvin")
petition for reconsideration ("Petition") of the grants by the Licensing and Technical Analysis Branch
(formerly Narrowband Branch) of its applications for authorization to construct and operate one-way 931
MHz paging facilities at Charleston, West Virginia and Huntington, West Virginia.

  2. On March 21, 1995 and July 7, 1995, Irvin filed applications for authorization to construct
and operate one-way 931 MHz paging facilities on frequency 931.3875 MHz at Charleston and
Huntington, West Virginia, respectively.  On May 15, 1996 and May 22, 1996, the Licensing and
Technical Analysis Branch granted Irvin authorizations for a paging facility on frequency 931.6625 MHz
at both Charleston and Huntington, respectively.  On June 13, 1996, Irvin filed his Petition seeking
reconsideration of the frequency granted to him at both the Charleston and Huntington sites, and
requested that, in the alternative, the Commission assign the 931.3875 MHz frequency to Petitioner's
Charleston and Huntington applications.
  3. In response to Irvin's Petition, the Licensing and Technical Analysis Branch determined that
the frequency Irvin now petitions the Commission to substitute as Petitioner's preferred frequency is not
assignable because that frequency has already been granted.  Additionally, applicants are not entitled to
their requested frequency.  Section 22.501(p)(2) allows an applicant to specify a frequency.  However,
the Commission is not bound by such requests. 

  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 Howard R. Irvin, Jr., on June 13, 1996, IS DENIED.


        FEDERAL COMMUNICATIONS COMMISSION



        David L. Furth
        Chief, Commercial Wireless Division
        Wireless Telecommunications Bureau