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

In re Application of                 )
                                     )  
AMERICAN PAGING, INC.                )
(OF OKLAHOMA)                        )  
                                     )
For New Paging Facility              )File No.        27948-CD-P/ML-01-94
To Operate On The 931.1125 MHz       )
Frequency in Little Rock, Arkansas   )

                                  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
Oklahoma) ("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
931.1125 MHz at Little Rock, Arkansas. 

      2.  On July 20, 1994, API filed an application for a new paging service facility to operate on
frequency 931.1125 MHz at Little Rock, Arkansas.  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, 931.1125
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 Skytel Corporation,
whose application was filed on January 1, 1994.  Skytel Corporations' application was accepted for filing
on February 23, 1994 (Skytel filing window).   Since API's application was received after the Skytel
filing window closed, the available frequency, 931.1125 MHz, was assigned to an applicant who
submitted its application in the Skytel 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
Oklahoma) IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION



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