******************************************************** 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 the Matter of ) ) Application of Jon D. Word ) For Partial Reconsideration of ) File No. 35283-CD-P/ML-95 a License Grant to Operate ) on 931.6125 MHz at ) Raton, New Mexico ) ) ORDER Adopted: March 21, 1997 Released: March 21, 1997 By the Chief, Commercial Wireless Division: I. INTRODUCTION 1. On May 15, 1996, the Commission granted Jon D. Word, dba Word Communications ("Word") a license to operate on frequency 931.6125 MHz under call sign KNKO494 at Raton, New Mexico. On June 14, 1996, Word filed the above-captioned Petition for Partial Reconsideration ("Petition") seeking to have the authorization changed to 931.0375 MHz. For the following reasons, we deny the Petition. II. BACKGROUND 2. Word operates a regional paging system on 931.0375 MHz. To expand its system, Word filed 100 applications for additional authorizations. One of the filings was an application to add a base station transmitter to station KNKO494 in Raton, New Mexico. Pursuant to the rules in effect at the time, Word requested the use of 931.0375 MHz. 3. In the Petition, Word argues that "the Commission's policy is to grant a preference to the existing licensee who already has use of the requested frequency in other areas." Because Word's system uses 931.0375 MHz in other areas of the country and because 931.0375 MHz is available, Word argues that he should be granted the use of that frequency in Raton. Word claims it is inefficient to assign him a different frequency because it is difficult to integrate it into his system and it restricts his ability to expand. Word also claims that assigning him a different frequency restricts the expansion potential of other licensees on the frequency assigned to Word. II. DISCUSSION 4. Although an applicant may file an application for a 931 MHz frequency and indicate a frequency preference, the Commission is not bound by such requests and may assign any available frequency. Because the Commission is not bound by a stated preference for a particular frequency, applications requesting a specific frequency may be assigned another frequency if the requested frequency is "blocked" and alternative frequencies are available. A frequency is blocked if there are: (1) mutually exclusive co-channel licensees, or (2) mutually exclusive co-channel applications, or (3) unresolved, previously-filed, mutually exclusive applications. In Word's case, even though the frequency requested appeared to be available, it was not available because it was blocked by unresolved, previously-filed, mutually exclusive applications. Therefore, Word's Petition for Partial Reconsideration cannot be granted. III. ORDERING CLAUSE 5. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 405, of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and pursuant to the authority delegated by Sections 0.331 and 1.106 of the Commission's Rules, 47 C.F.R.  0.331 and 1.106, that Jon D. Word, dba Word Communications's Petition for Partial Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau