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

In re Application of                 )
                                     )  
AMERICAN PAGING, INC. (OF UTAH)      )
                                     )  
For New Paging Facility              )File No.        23233-CD-P/L-95
To Operate On The 931.4875 MHz       )
Frequency in Cheyenne, Wyoming       )

                                  ORDER


   Adopted:  January 7, 1998                                           Released:  January 7, 1998

By the Chief, Commercial Wireless Division:

      1.   By this action, the Commercial Wireless Division denies American Paging, Inc.'s (of Utah)
("API") petition for reconsideration ("Petition") of the grant by the Licensing and Technical Analysis
Branch (formerly Narrowband Branch) of its application for a new paging facility on frequency 931.4875
MHz at Cheyenne, Wyoming. 

      2.  On November 21, 1994, API filed an application for a new paging service facility to operate
on frequency 931.4875 MHz at Cheyenne, Wyoming.  The Licensing and Technical Analysis Branch
granted API a construction permit for a new paging facility to operate on frequency 931.3625 MHz as
API's requested frequency was unavailable.  On March 15, 1996, API filed its Petition seeking
reconsideration of the assigned frequency, and requested assignment of its preferred frequency, 931.4875
MHz.    

      3.  Section 22.31(b)(2)(i) of the Commission's rules requires an applicant to file its mutually
exclusive application within sixty days of the date of the public notice listing the first of the conflicting
applications as accepted for filing.  In response to API's Petition, the Licensing and Technical Analysis
Branch determined that API's preferred frequency had already been assigned to Grazi Communications,
Inc., whose application was filed on January 1, 1994.  Grazi Communications' application was accepted
for filing on March 9, 1994 (Grazi filing window).   Since API's application was received after the Grazi
filing window closed, the available frequency, 931.4875 MHz, was assigned to an applicant in the Grazi
filing window.  

      4.  Additionally, applicants are not entitled to their requested frequency.  Section 22.501(p)(2)
allows an applicant to specify a frequency.  However, the Commission is not bound by such requests. 
Accordingly, we deny API's Petition.

      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, authority delegated by sections 0.331 of the
Commission's rules, 47 C.F.R.  0.331, and pursuant to section 1.106 of the Commission's rules, 47
C.F.R.  1.106, the Petition for Reconsideration filed on March 15, 1996, by American Paging, Inc. (of
Utah) IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION



                              David L. Furth
                              Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau