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

In the Matter of                     )
                                     )
Teton Communications, Inc.           )       File No. 95F813
                                     )
Finder's Preference Request         )
For Stations WNNU733 and WPEU996        )
Licensed to OneComm Corporation at           )
Bonneville, Idaho                    )
                                     )
                                     
                                        
                  MEMORANDUM OPINION AND ORDER


   Adopted:  December 28, 1999          Released: December 29, 1999

By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

                        I.  Introduction

1.     On February 26, 1997, Teton Communications, Inc. (Teton) the finder, filed a petition for
reconsideration (Petition) of a decision by the Wireless Telecommunications Bureau's Office of
Operations denying its request for a finder's preference against Stations WNNU733 and WPEU996.   For
the reasons discussed below, Teton's petition for reconsideration is denied.

                        II.  Background

2.     Teton filed a finder's preference request for Stations WNNU733 and WPEU966 on July 27,
1995.  Teton alleged that OneComm Corporation (OneComm), the target licensee, had violated numerous
Commission rules that would merit the cancellation of its license, including that OneComm failed to
construct and operate the stations in a timely manner.  In its response, OneComm stated that it cancelled
the licenses for stations WNNU733 and WPEU996 on February 21, 1995, over five months before the
finder's preference was filed on July 27, 1995.  As noted above, the Bureau's Office of Operations denied
Teton's finder's preference request on January 27, 1997.  The decision stated that OneComm, the target
licensee,  had already submitted a request for cancellation several months before the finder's request was filed
and therefore the request was served in error.  Teton filed a petition for reconsideration on February 26, 1997.
                      III.Discussion

4.     In its petition, Teton asserts that the Office of Operations Decision erred because it denied
Teton's finder's preference request on the ground that the target licensee had submitted a request for
cancellation before the finder's preference request was filed. Teton further states that the Commission had
not acted on OneComm's cancellation request at the time the finder's preference was filed.  Under
Commission precedent, however, a cancellation request is effective upon filing. Therefore, at the time
Teton filed its finder's preference request, OneComm had already cancelled the licenses for stations
WNNU773 and WPEU996.  As such, there were no underlying licenses to support Teton's finder's
preference request.

                      IV.  Ordering Clause

5.     Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 405 of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and sections 0.331 and 1.106 of the Commission's
rules, 47 C.F.R.  0.331 and 1.106, the Petition for Reconsideration filed by Teton Communications, Inc.
is DENIED.  
                         
          
                                   Federal Communications Commission  
          


                                   William W. Kunze
                                   Deputy Chief, Commercial Wireless Division
                                   Wireless Telecommunications Bureau