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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 ) ) COMMUNICATIONS PROPERTIES, INC. ) ) For Additional Paging and ) File No. 26334-CD-P/ML-95 ) Radiotelephone Service ) Facilities to Operate on ) 931.7875 MHz at Hope, Arkansas ) ORDER ON RECONSIDERATION Adopted: March 23, 1998 Released: March 24, 1998 By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. By this Order on Reconsideration, we deny the Petition for Reconsideration ("Petition") filed by Communications Properties, Inc. ("CPI"), on April 18, 1997, seeking review of the grant on frequency 931.6625 MHz of CPI's application for additional facilities for use with Public Mobile Service License KNKS- 218, Hope, Arkansas. We conclude that CPI has failed to demonstrate that frequency 931.6625 MHz was assigned in error or that reconsideration of the grant of its application is warranted. II. BACKGROUND 2. On February 22, 1995, CPI filed the above-captioned application for authorization to operate additional paging and radiotelephone service facilities for Station KNKS-218 on 931.7875 MHz at Hope, Arkansas. At the time CPI's application was filed, Florida Network USA, ("Florida") had on file an application requesting the 931.4625 MHz frequency for Station KNLP296 at Texarkana, Texas. Network's application was accepted for filing on December 14, 1994. 3. CPI's application was subsequently accepted for filing on March 8, 1996. The frequency CPI had requested was unavailable by virtue of Florida's previously filed application. The Licensing and Technical Analysis Branch ("Branch"), formerly the Narrowband Branch, determined that the alternative frequency of 931.4125 MHz was available for CPI. By Public Notice dated June 19, 1995, the Branch listed the CPI application as granted on the frequency 931.4125 MHz. 4. On the same day as release of the Public Notice granting its application, CPI wrote to the Commission and alleged that the grant on frequency 931.4125 MHz was in error and requested that the Commission reprocess its application. The Branch subsequently issued another grant on March 19, 1997, to CPI, this time on the frequency 931.6625 MHz. The Branch had not, however, granted Network's pending application when Metrocall, Inc., its successor in interest, subsequently informed the Branch that it no longer wished to pursue its application for the Texarkana frequencies. 5. On April 18, 1997, CPI filed its petition for reconsideration of the grant on frequency 931.4125 MHz. CPI contends that the Branch's failure to permit the orderly expansion of its wide-area paging system on frequency 931.7875 MHz is contrary to the public interest. It alleges that the Branch's failure to award the requested frequency will prevent CPI from the optimal efficient use of radio spectrum allocated for paging use and contends that the Branch was obligated to make a reasonable effort to accommodate its frequency request. Accordingly, CPI urges that the Commercial Wireless Division reconsider the Branch's action and return the Hope application to pending status. Furthermore, CPI asks that the Branch reprocess its application and grant its requested frequency of 931.7875 MHz. III. DISCUSSION 6. We have reviewed CPI's Petition and we find that it should be denied. We could not assign CPI its requested frequency of 931.7875 MHz at Hope, Arkansas, because it was unavailable by virtue of the previously filed application by Florida Network USA (Florida). Therefore, CPI received alternate frequency 931.6625 MHz. The Commission is not bound to assign the frequency requested by 931 MHz paging applicants and may assign any available frequency. 7. We are denying reconsideration notwithstanding the fact that Florida's successor in interest, Metrocall, has requested that its application be withdrawn. We find that the assignment of alternative frequency 931.6625 MHz to CPI complied with Commission rules. In view of the foregoing, we affirm the grant of frequency 931.6625 MHz to CPI and deny its petition for reconsideration. IV. ORDERING CLAUSES 8. Accordingly, pursuant to our authority under sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and section 1.106 of the Commission's rules, 47 C.F.R.  1.106, IT IS ORDERED that the Petition for Reconsideration filed by Communications Properties, Inc. on April 18, 1997, IS DENIED. 9. This action is taken pursuant to delegated authority as set forth in section 0.331 of the Commission rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Acting Chief, Commercial Wireless Division Wireless Telecommunications Bureau