******************************************************** 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. 35527-CD-P/ML-95 a License Grant to Operate ) on 931.4875 MHz at ) Gunnison, Colorado ) ) ORDER Adopted: March 21, 1997 Released: March 21, 1997 By the Chief, Commercial Wireless Division: I. INTRODUCTION 1. On July 17, 1996, the Commission granted Jon D. Word, dba Word Communications ("Word") a license to operate on frequency 931.4875 MHz under call sign KNKO494 at Gunnison, Colorado. On August 23, 1996, Word filed the above-captioned Petition for Partial Reconsideration ("Petition") seeking to have the authorization changed to 931.0375 MHz. In this order, we dismiss Word's Petition as untimely filed. II. BACKGROUND 2. Word operates a regional paging system on 931.0375 MHz. To expand his 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 Gunnison, Colorado. Pursuant to the rules in effect at the time, Word requested the use of 931.0375 MHz. 3. In his 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 Gunnison. 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. We dismiss Word's Petition pursuant to Section 1.106(f) of the Commission's rules. Section 1.106(f) requires a petition for reconsideration to be filed "within 30 days from the date of the Public Notice of the final Commission action, as that date is defined in  1.4(b) of these rules. . . ." The public notice announcing the granting of Word's license was released on July 17, 1996, therefore, the last day for filing petitions for reconsideration was August 16, 1996. Word filed its Petition on August 23, 1996. Therefore, it is dismissed because it was not timely filed. 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 DISMISSED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau