********************************************************    
                         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 re Application of                 )
                                     )
AUTOPHONE OF LAREDO, INC.            )     File No. 20249-CD-P/ML-96
                                     )
Application for Additional 931 MHz Paging)
and Radiotelephone Service           )
Facilities to Operate at Mirando City, Texas)
                                     
                                     

                                  ORDER


   Adopted:  March 4, 1998                         Released:  March 4, 1998

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

  1. By this order, the Commercial Wireless Division denies Autophone of Laredo, Inc.'s
("Autophone") petition for reconsideration ("Petition") of the grant by the Licensing and Technical
Analysis Branch (formerly Narrowband Branch) of its application for an additional paging facility on
frequency 931.9625 MHz at Mirando City, Texas.

  2. On October 10, 1995, Autophone filed an application for an additional paging facility to
operate on frequency 931.9625 MHz at Mirando City, Texas.  On April 12, 1996, the Commission
notified Autophone that the grant of its Laredo Application would be impacted by a "Letter of
Understanding" ("LOU"), which had been entered into between the United States and Mexico.  The
LOU, inter alia, designates frequency 931.9625 MHz for primary use by Mexico for those locations in
the United States within 120 kilometers of the border. 

  3. On August 16, 1996, Autophone obtained Commission authority for the assignment of
frequency 931.4625 MHz at Laredo, Texas from Florida Network USA, Inc. in order to increase its
wide-area paging system.  On May 14, 1997, the Licensing and Technical Analysis Branch granted
Autophone a construction permit for a new paging facility to operate on frequency 931.9625 MHz at
Mirando City, Texas.  However, as a result of the LOU, Autophone believed that the restrictions
imposed on the Laredo frequency would limit Autophone's ability to satisfy its customers' demands. 
Therefore, according to Autophone, the frequency could not be used for its intended purpose -- to serve
as the backbone of the Autophone 931 MHz wide-area system.  On May 29, 1997, Autophone filed its
Petition seeking reconsideration of the assigned frequency, and requesting assignment of frequency
931.4625 MHz at Mirando City, Texas in order to create a wide-area paging system on this new
frequency.

  4. In response to Autophone's Petition, the Licensing and Technical Analysis Branch determined
that the frequency Autophone now petitions the Commission to substitute as Autophone's preferred
frequency is not available for grant.  Because Autophone was granted its requested frequency, its Petition
is, in essence, an application for a new frequency.  The Second Report and Order states that only non-
exclusive paging applications filed before July 31, 1996 will be considered for processing.  The
Commission chose July 31, 1996 as the deadline for accepting paging applications because it is making
a transition from site-by-site licensing to geographic area licensing.  Therefore, because Autophone did
not file its application for frequency 931.4625 MHz prior to July 31, 1996, such frequency is unavailable
for grant to Autophone.

  5.  Accordingly, IT IS ORDERED, that, pursuant to sections 4(i) and 405 of the Communications
Act, as amended, 47 U.S.C  154(i) and 405, authority delegated by section 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 by Autophone Of Laredo, Inc. on May 29, 1997, IS DENIED.



        FEDERAL COMMUNICATIONS COMMISSION



        Steven Weingarten
        Acting Chief, Commercial Wireless Division
        Wireless Telecommunications Bureau