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

In the Matter of                        )
                         )
HARD ROCK HOTEL, INC.              )    FCC File No. D141302
                         )
Application for Industrial/Business Station  )
in the Private Land Mobile Radio Services    )
                         )
                                
                    ORDER ON RECONSIDERATION

       Adopted: January 4, 2001Released: January 8, 2001

By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

          1.   Introduction.  On August 14, 2000, Hard Rock Hotel, Inc. (Hard Rock),
          requested reconsideration of a "Notice of Application Dismissal" dated August 2, 2000
          from the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless
          Division (Branch).  For the reasons set forth below, we dismiss the petition for
          reconsideration.  

          2.   Background.   On March 17, 2000 Hard Rock submitted its application
          requesting use of three frequency pairs in the 450-470 MHz band at two locations in the Las
          Vegas, Nevada area.  On August 2, 2000, the Branch dismissed Hard Rock's application
          because the application did not bear an original handwritten signature in accordance with
          Section 1.917 of the Commission's Rules. 

          3.   On August 14, 2000 Hard Rock sent a letter to the Commission's
          Gettysburg, Pennsylvania office requesting reconsideration of the August 2 action.

          4.   Discussion.  We will dismiss Hard Rock's petition because it was not filed
          at the correct location.  Section 1.106(i) of the Commission's Rules provides that a petition for
          reconsideration must be submitted to the Secretary, Federal Communications Commission,
          Washington, D.C. 20554.  The Commission maintains different offices for different purposes,
          and persons filing documents with the Commission must take care to ensure that their
          documents are filed at the correct location specified in the Commission's Rules.  Applications
          and other filings not submitted in accordance with the correct addresses or locations will be
          returned to the filer without processing.  A document is filed with the Commission upon its
          receipt at the location designated by the Commission.  Accordingly, the plain language of the
          Commission's Rules states that a petition for reconsideration submitted to the Commission's
          Gettysburg, Pennsylvania, office is not properly filed.                                       

          5.   The Petition was never filed with the Office of the Secretary.  Therefore,
          we find that the Petition was not timely filed in the proper location.  Moreover, Hard Rock
          did not request a waiver to file its Petition in Gettysburg, as opposed to filing it with the
          Office of the Secretary.  Consequently, absent a waiver, we conclude that Hard Rock's
          Petition should be dismissed as improperly filed.

          6.   Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 405 of the
          Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Sections 1.106(f)
          and (i) of the Commission's Rules, 47 C.F.R.  1.106 (f) and (i), that the petition for
          reconsideration submitted by Hard Rock Hotel, Inc. and received in Gettysburg,
          Pennsylvania on August 25, 2000 IS DISMISSED.

          7.   This action is taken under delegated authority pursuant to Sections 0.131
          and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331.

                         FEDERAL COMMUNICATIONS COMMISSION



                         John J. Schauble
                         Chief, Policy and Rules Branch
                         Public Safety and Private Wireless Division
                         Wireless Telecommunications Bureau