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

                                )
In the Matter of                )
                                )
Electrical Engineering Company  )
and PageMart II, Inc.           )
                                )
Requests for Exclusivity        )
on 929.7625 MHz                 )
                                 

                  MEMORANDUM OPINION AND ORDER


   Adopted:  March 20, 1997             Released:  March 27, 1997

By the Commission:

                Introduction and Executive Summary

     1.  On July 3, 1995, Electronic Engineering Company (EEC) filed an Application for Review,
challenging the June 1, 1995, decision of the Land Mobile Branch of the Licensing Division of the
Wireless Telecommunications Bureau (Bureau) denying EEC's October 14, 1994, Petition to
Dismiss 929 MHz Exclusivity Request, filed against PageMart II, Inc. (PageMart).  EEC asserts that
Personal Communications Industry Association (PCIA) engaged in improper coordination practices
when it recommended frequency 929.7625 MHz to the Commission for use by PageMart rather than
for use by EEC.  For the reasons that follow, the Application for Review is denied.  

                            Background

     2.  On February 21, 1994, PageMart submitted applications to PCIA requesting use of
frequency 929.4875 MHz for 309 sites.  Over the next few months, PageMart submitted additional
applications to PCIA, requesting a total of 429 sites on 929.4875 MHz.  On March 14, 1994, EEC
submitted applications to PCIA, seeking to expand its existing system on another paging frequency,
929.7625 MHz.  On March 15, 1994, PageMart submitted to PCIA a request for nationwide
exclusivity on 929.4875 MHz, to accompany the applications which it had previously submitted for
use of that frequency.  On April 14, 1994, EEC submitted additional applications to PCIA seeking
to implement its proposal to expand its paging system.

     3.  During the first week of May, 1994, PCIA began to evaluate the PageMart applications
which had been filed with PCIA on February 21, 1994, and determined that 929.4875 MHz could
not be coordinated for a nationwide system because that frequency had already been assigned to
another applicant for three exclusive regional systems.  PCIA ultimately determined that the best
choice for PageMart's nationwide system would be 929.7625 MHz because there were only a
handful of exclusive local systems on that channel, and there were no alternative totally clear
channels available.  PageMart authorized PCIA to amend its applications and nationwide exclusivity
request to reflect a request for use of the  929.7625 MHz frequency.  PageMart's applications were
then submitted to the Commission by PCIA during the first week of May, 1994.

     4.  During the third week of May, 1994, PCIA began to review the EEC applications and
determined that 929.7625 MHz could not be coordinated for EEC's use on its non-exclusive system,
due to the assignment of the frequency to PageMart on an exclusive basis.  On October 14, 1994,
EEC filed a Petition to Dismiss PageMart's 929 Exclusivity Request (Petition), with the Land
Mobile Branch of the Bureau's Licensing Division.  On October 17, 1994, PCIA returned the
applications to EEC, because a co-channel concurrence agreement between EEC and PageMart had
not been received by PCIA.  By a letter ruling, dated June 1, 1995, pursuant to delegated authority,
the Land Mobile Branch denied EEC's Petition on the basis that EEC had not filed a request for local
or regional exclusivity, nor did EEC have enough stations to qualify for regional exclusivity, at the
time that PageMart filed its exclusivity request.

     5.  On July 3, 1995, EEC filed an application for review of the Branch's June 1, 1995, denial
of its Petition.  EEC argues that PCIA "substantially altered" PageMart's applications and related
frequency exclusivity request by changing the requested frequency from 929.4875 MHz to 929.7625
MHz, without first obtaining the signature of the applicant prior to submitting PageMart's
applications and exclusivity request to the Commission.  EEC also alleges that the Bureau
improperly permitted PCIA to make the frequency change.

     6.  On July 18, 1995, PageMart filed an opposition to EEC's application for review.   In
response to EEC's allegations, PageMart argues that it had not received preferential treatment in the
coordination process.  PageMart argues that it submitted its applications and a request for exclusivity
prior to EEC, allowing PCIA to recommend frequency 929.7625 MHz to PageMart because EEC
had not filed a request for local or regional exclusivity on frequency 929.7625 MHz, nor did it have
sufficient stations to qualify for local exclusivity.  PageMart additionally argues that Section
90.175(c) of the Commission's Rules does not address procedures internal to PCIA's coordination
efforts when handling changes to applications while pending coordination, and any changes made
to its applications by PCIA were made under PageMart's authority.        
     7.  On August 2, 1995, EEC filed a reply to PageMart's opposition to its July 18, 1995,
Application for Review.  In response to PageMart's allegations, EEC argues that PCIA favored
PageMart over EEC, to the detriment of EEC, by allowing PageMart to make improper "major
amendments" to its applications.  EEC also asserts that it was "first-in-line" for frequency 929.7625
MHz because PageMart's applications were not properly amended prior to the time that PCIA
recommended to the Commission that PageMart be licensed on the frequency.       

                            Discussion

     8.  EEC asserts that a frequency coordinator is only authorized to change the frequency
requested on an application, if the applicant signs the amended application.   EEC also asserts that
the Bureau committed error by permitting PCIA, a purportedly neutral frequency coordinator, to
make a change in frequency on PageMart's applications and frequency exclusivity request, without
first obtaining PageMart's signature on the changed applications and application materials.  We
find that Section 90.175(c) of our Rules, which governs frequency coordination for 929-930 MHz
frequencies, does not provide any specific procedures for changes in applications made by a
frequency coordinator.  Rule 90.175(c) addresses the requirements for coordination itself, not the
internal procedures to be used by frequency coordinators.  Rule 90.175(c) provides no specific
instructions for handling changes to applications while pending coordination, and allows the
frequency coordinator to recommend the most appropriate frequency.  Other rule sections cover the
execution of applications and amendments of applications before the Commission.  Rule 90.175(c),
however, does not explicitly incorporate those rule sections in connection with changes made to a
proposal during pre-filing procedures while still before the coordinator.  Thus, absent evidence that
the changes made were without authority of the applicant, or were made subsequent to the frequency
coordinator's submission of the applications to the Commission, PageMart's applications and related
exclusivity request for use of 929.7625 MHz were properly accepted for filing.    

     9.  We conclude that PageMart received no preferential treatment in the coordination process. 
PCIA was authorized by the Commission to process 900 MHz paging license applications
chronologically.  PCIA processed the applications in order of receipt, consistent with the long
established standard for coordinators.  PageMart was the first in line, having filed its applications
with PCIA in the period between October, 1993, and February, 1994, and its request for exclusivity
in March, 1994.  PCIA had the discretion to change the frequency requested by PageMart to the most
appropriate one, prior to the filing of PageMart's applications with the Commission.  Because the
change in frequency was made by PCIA prior to the time the applications were filed with the
Commission, the change in frequency did not constitute a substantial application amendment which
would require an approving signature of a PageMart principal.  As a general matter, incumbent
licensees are required to submit a request for designation of exclusive status to the frequency
coordinator.  In the instant case, 929.4875 MHz was not available on a nationwide basis in early
May, 1994, the time of processing of Pagemart's earlier-filed applications.  As a proper pre-FCC
filing procedure, PCIA recommended that PageMart use the 929.7625 MHz frequency.  Although
EEC did apply to expand its operations on 929.4875 MHz, it failed to file an exclusivity request with
PCIA until October 17, 1994.      
     10.  It is the responsibility of PCIA, as frequency coordinator of the 900 MHz paging
services, to file 929-930 MHz applications with the Commission.  We note that there may be an
occasion, such as in the instant case, when the frequency coordinator exercises its authority and
recommends a different frequency than that requested by the applicant.  In the Report and Ordermodifying the procedures by which most of the frequencies allocated to the private land mobile radio
services are assigned to individual applicants, the Commission stated, "Although we are giving
coordinators greater discretion in choosing frequencies, we believe coordinators need this flexibility
to maximize the use of the spectrum."   We do not believe that PCIA acted improperly in
recommending the 929.7625 MHz frequency to PageMart.  Instead, we believe that PCIA's actions
were appropriate and consistent with its obligations as a frequency coordinator.    

                            Conclusion
  
     11.  For the above reasons, IT IS ORDERED that Electronic Engineering Company's Application
for Review IS HEREBY DENIED.    


                                     FEDERAL COMMUNICATIONS COMMISSION
  



                              William F. Caton
                                   Acting Secretary