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

In Re Dismissal of                   )
                                     )
WESTLINK LICENSEE CORPORATION        )     File No. 22943-CD-P/ML-96
                                     )
Application for 931 MHz Paging       )
and Radiotelephone Service           )
Facilities to Operate at Yuma, Arizona)
                                     
                                     

                                  ORDER


   Adopted:  February 27, 1998                     Released: February 27, 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 a paging facility on frequency 931.2125 MHz
at Mirando City, Texas.

  2. On December 29, 1995, Westlink's predecessor-in-interest, CGI Holdings, Inc., filed an
application for a paging facility to operate on frequency 931.2625 MHz at Yuma, Arizona.  While the
application was pending, on February 27, 1997, the United States entered into a protocol agreement
("Protocol") with Mexico governing the use of certain common and private carrier paging frequencies
in areas adjacent to the U.S.-Mexico border.  The Protocol designates frequency 931.2625 MHz for
primary use by Mexico in the area in which Westlink has applied for the frequency.  However, the
Protocol provides guidelines by which designated frequencies may be shared.

  3. At the time of its Petition, Westlink was negotiating with Skynet, a Mexican
telecommunications entity licensed on 931.2625 MHz along the U.S.-Mexico border in the sharing zone
adjacent to Westlink's proposed Yuma Station.  On May 14, 1997, the Licensing and Technical Analysis
Branch granted Westlink's application for a new paging facility to operate on frequency 931.2125 MHz
at Yuma, Arizona.  On July 10, 1997, Westlink filed its Petition seeking reconsideration of the assigned
frequency, and requested assignment of frequency 931.2625 MHz at Yuma, Arizona because it wishes
to develop a wide-area paging system on 931.2625 MHz throughout the Southwestern United States.

  4. In response to Westlink's Petition, the Licensing and Technical Analysis Branch determined
that the frequency Westlink now petitions the Commission to substitute as Westlink's preferred frequency
was unavailable for grant because it was previously a Mexican Primary Channel.  Additionally,
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.  

  5.  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 July 10, 1997, IS DENIED.



        FEDERAL COMMUNICATIONS COMMISSION



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