******************************************************** 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 ) ) WESTLINK LICENSEE CORPORATION ) File No. 30105-CD-P/L-95 ) ) Application for Additional 931 MHz Paging) and Radiotelephone Service Facilities to Operate) at Sioux City, Iowa ) 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 Westlink Licensee Corporation's ("Westlink") petition for reconsideration ("Petition") of the grant by the Licensing and Technical Analysis Branch (formerly Narrowband Branch) of its application for authorization for new transmitting facilities on frequency 931.2125 MHz at Sioux City, Iowa. 2. On April 28, 1995, Westlink filed an application for authorization to construct and operate new transmitting facilities in the paging and radiotelephone service on frequency 931.7125 MHz at Sioux City, Iowa. The Licensing and Technical Analysis Branch granted Westlink's applications for authorization for new transmitting facilities on frequency 931.2125 MHz, as Westlink's requested frequency was unavailable. On June 14, 1996, Westlink filed its Petition seeking reconsideration of the assigned frequency, and requested assignment of its preferred frequency, 931.7125 MHz. 3. In response to Westlink's Petition, the Licensing and Technical Analysis Branch determined that Westlink's requested frequency was unavailable because it was blocked by other pending applications. Therefore, frequency 931.7125 MHz was assigned. Applicants 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. The Commercial Wireless Division hereby affirms that the Licensing and Technical Analysis Branch assigned the correct frequency to Westlink, as its requested frequency was unavailable. 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 Westlink Licensee Corporation, on June 14, 1996, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau