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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 the Matter of ) ) Application of Porta-Phone Paging Licensee) File No. 29086-CD-P/ML-96 Corporation for Modification of License for ) Paging Service Station KNKD661 to ) Establish an Additional 158.10 MHz Base) Station at Thomasville, Georgia ) ORDER ON RECONSIDERATION Adopted: March 17, 1998 Released: March 17, 1998 By The Acting Chief, Commercial Wireless Division: I. Introduction 1. By this action, the Commercial Wireless Division of the Wireless Telecommunications Bureau grants Porta-Phone Paging Licensee Corporation's (Porta-Phone) Petition for Reconsideration of the dismissal of its 158.10 MHz paging application, and reinstates its application, as amended, nunc pro tunc. II. Background 2. On July 23, 1996, Porta-Phone filed an application to expand its paging license in the 158.10 MHz band by establishing an additional base station within forty miles of an existing site. The Licensing and Technical Analysis Branch (formerly Narrowband Branch) dismissed the application as defective for failure to protect two co-channel stations. Porta-Phone filed a petition for reconsideration of the dismissal. 3. In its application, Porta-Phone requested authority to operate an additional base station in the 158.10 MHz frequency to be located at the "intersection of U.S. Highway 319 and Pinetree Boulevard" in Thomasville, Georgia. The application contained a narrative description of the street address, city, county, and state of the proposed expansion site. Additionally, Porta-Phone conducted and included the required frequency analysis and co-channel interference study at the correct proposed site. Porta-Phone states that its study, based on the correct coordinates, demonstrates that no co-channel interference would exist. However, in another part of the application, Porta-Phone incorrectly listed the proposed site's longitude as thirty minutes, rather than the correct entry of fify-nine minutes. III. Discussion 4. In its Petition, Porta-Phone admits that its application was defective because its interference study did not adequately demonstrate co-channel interference protection. Porta-Phone states that, due to an inadvertent typographical error, it incorrectly entered site coordinates on its application, but argues that its interference study had been based on the correct site coordinates. Porta-Phone asserts that the correct site information exists within the "four corners" of its application, that it has demonstrated that it would provide the necessary interference protection, that the Commission can easily determine which of the conflicting information it submitted is correct, and that the Commission should review its application again and reinstate the dismissed application nunc pro tunc. Moreover, Porta-Phone contends that, if the incorrect coordinates were plotted onto a topographic map, they would lead to a site in Quitman, Georgia, not Thomasville, Georgia. 5. Porta-Phone further argues that, because the Commission could easily determine which of the conflicting information was correct, it should allow a minor amendment to its application to correct the incorrect longitudinal information. Porta-Phone concurrently submits a minor amendment to correct the site coordinate typographical error. 6. Commission rules allow minor amendments to license applications in certain circumstances. "Clerical errors" are minor if they "only correct typographical, transcription or similar" errors that are clearly demonstrated to be mistakes. Mistakes may be demonstrated by reference to other, correct information within the application, if the discovery and correction of such mistakes does not change information previously listed in a Public Notice. The Commission has allowed applicants to make minor modifications to dismissed applications if inconsistent information was previously supplied, the correct information is found within the four corners of the application, and the correct information can be easily determined. 7. Upon further reexamination of Porta-Phone's application, we find that the correct data were supplied numerous times in the description of the proposed antenna site in narrative form, the site address, and the use of the correct coordinates for its co-channel interference studies. As further support for reinstatement of Porta-Phone's application, we note that the incorrect coordinates did not agree with the narrative site description. We therefore conclude that Porta-Phone's application should be reinstated nunc pro tunc and its attached minor amendment accepted. IV. Ordering Clauses 8. 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 1.106 of the Commission's rules, 47 C.F.R. 1.106, the Petition for Reconsideration filed by Porta-Phone Paging Licensee Corporation on January 27, 1997, IS GRANTED. 9. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and section 22.120(d) of the Commission's Rules, 47 C.F.R.  22.120(d), Porta-Phone Paging Licensee Corporation's application, File No. 29086-CD-P/ML-96, IS ACCEPTED AS AMENDED, NUNC PRO TUNC. 10. 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