******************************************************** 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. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 November 22, 1996 John Gabriele Released: March 17, 1997 Hazle-Tone Communications, Inc. 136 S. Main Street Wilkes-Barre, Pennsylvania 18701 Dear Mr. Gabriele: The Commission is setting aside its action of June 14, 1995, which authorized Hazle-Tone Communications, Inc. ("Hazle-Tone") station KGC397 to operate on frequency 152.18 MHz at Duryea, Pennsylvania. This action is taken to resolve co-channel interference to Schuylkill Mobile Fone, Inc. ("Schuylkill") caused by Hazle-Tone operating pursuant to an authorization that was the result of a clerical or "ministerial" error on the part of Commission staff. Because this action will resolve the co-channel interference problems, we further dismiss the Emergency Petition for an Order to Cease and Desist Unauthorized Operations on Frequency 152.18 MHz filed November 8, 1996 and subsequent filings related thereto. Hazle-Tone filed an amended application, dated March 23, 1994, which requested an authorization for frequency 152.66 MHz at Duryea, Pennsylvania. In a Public Notice, on June 15, 1994, the Commission granted both Hazle-Tone's amended application for KGC397 on 152.66 MHz at Duryea, Pennsylvania and Schuylkill's application to add facilities to KGA589 on frequency 152.18 MHz at Luzerne and Lackawanna, Pennsylvania. The Commission may, upon learning that an application has been granted as a result of an inadvertent, ministerial processing error, set aside the erroneous grant, see, Chlorine Institute v. OSHA, 613 F.2d 120 (5th Cir. 1980); American Trucking Association v. Frisco Transportation Company, 358 U.S. 13 (1958); and Interstate Broadcasting Company, Inc., 2 FCC Rcd 4051 (1987). We issue to you a corrected authorization for station KGC397 to operate on frequency 152.66 MHz at Duryea, Pennsylvania. Any further operation of KGC397 on frequency 152.18 at Duryea, Pennsylvania is not authorized. Sincerely, David Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau cc: Louis Gurman Gurman, Blask & Freedman, Chartered