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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 Authorization of ) ) File No. 26665-CD-P/ML-95 Rule Radiophone Service, Inc. ) for a new 152.69 MHz base station for) PRS Station KNKD232 at ) Rawlins, Wyoming ) ORDER ON RECONSIDERATION Adopted: March 17, 1998 Released: March 17, 1998 By The Acting Chief, Commercial Wireless Division: I. INTRODUCTION 1. By this action, we grant Rule Radiophone Service, Inc.'s Petition for Reconsideration for station KNKD232 in Rawlins, Wyoming, and direct the Licensing and Technical Analysis Branch to reissue the grant without antenna lighting and marking conditions numbers 1, 3, 11, and 21. II. BACKGROUND 2. On July 24, 1996, the Licensing and Technical Analysis Branch gave Rule Radiophone Service, Inc. (Rule Radiophone) a conditional grant to construct a paging base station at Rawlins, Wyoming, in the 152.69 MHz band. The conditional grant, to build a new antenna on top of a 60-foot building in Rawlins, imposed four antenna obstruction marking and lighting conditions. Rule Radiophone seeks reconsideration of the conditional grant and requests that we reissue the grant without any antenna marking or lighting requirements. III. DISCUSSION 3. Commission rules specify that the Federal Aviation Administration (FAA) must be notified of any antenna modification or construction that results in an antenna structure above a certain height or under certain circumstances, such as when the antenna will be located near an airport. Antenna marking and lighting requirements are also imposed. However, certain exceptions to these rules exist. Pursuant to section 17.14(a) of the Commission's rules, antenna structures in a metropolitan area that are equal to or shorter than existing antennas are exempt from the Commission's antenna marking and lighting rules. Under this exemption, proposed antennas must be "shielded by existing structures of a permanent and substantial nature," must be "of equal" or lower in height than the existing antenna structure, and must be located in the "congested area of a city . . . ." Pursuant to this rule, the Commission has held that a proposed antenna is not subject to the Commission's marking or lighting requirements if it would be next to, equal to, or lower in height than an existing structure that already has been authorized by the Commission. 4. Rule Radiophone alleges that its proposed antenna structure should be exempt from FAA marking and lighting requirements under section 17.14(a) of the Commission's rules because its proposed antenna will be lower than an existing antenna on the same building. To support its claim, Rule Radiophone provides a profile sketch of its proposed antenna and surroundings, as well as supporting statements and documents. 5. We have reviewed Rule Radiophone's Petition, profile sketch, and supporting documents, and find that Rule Radiophone's proposed antenna is next to, and slightly shorter than, another of its antennas on the same building. This existing antenna has already received Commission approval to operate without the Commission's marking or lighting requirements. Since Rule Radiophone's proposed antenna structure is next to and shorter than another existing, previously authorized antenna, Rule Radiophone's proposed antenna is not subject to the Commission's antenna marking and lighting requirements, and its authorization should be reissued without such conditions. IV. CONCLUSION 6. Upon review of the record, we find that Rule Radiophone's proposed antenna structure in Rawlins, Wyoming, is next to, and shorter than, a previously existing, authorized antenna structure, and is thus exempt from FAA notification, lighting and marking requirements pursuant to section 17.14 of the Commission's rules. We therefore grant Rule Radiophone's Petition for Reconsideration and direct the Licensing and Technical Analysis Branch to reissue the authorization for this base station without the lighting and marking conditions originally imposed. V. ORDERING CLAUSES 7. 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 and section 22.132(c) of the Commission's Rules, 47 C.F.R.  22.132(c), the Petition for Reconsideration of Conditional Grant filed by Rule Radiophone Service, Inc. on August 23, 1996, IS GRANTED. 8. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), the Licensing and Technical Analysis Branch of the Wireless Telecommunications Bureau's Commercial Wireless Division will reissue the conditional grant of File No. 26665-CD-P/ML-95 for station KNKD232 in Rawlins, Wyoming, to Rule Radiophone Service, Inc. without marking and lighting condition numbers 1, 3, 11, and 21. 9. This action is taken pursuant to delegated authority in section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Acting Chief, Commercial Wireless Division Wireless Telecommunications Bureau