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

In the Matter of                        )
                         )
BIRMINGHAM SOUTHEAST, LLC          )    FCC File No. D147088
                         )
Application for Industrial/Business Station  )
in the Private Land Mobile Radio Services    )
                         

                    ORDER ON RECONSIDERATION

Adopted:   January 25, 2001                  Released:
     January 26, 2001

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

          1.   Introduction.  On November 16, 2000, Birmingham Southeast, LLC (Birmingham 
Southeast), requested reconsideration of a "Notice of Application Dismissal" dated November 6, 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 June 15, 2000, Birmingham Southeast submitted an application 
requesting mobile frequencies 72.48 MHz and 72.56 MHz at one location in the Jackson, Mississippi area. 
On August 28, 2000, the Branch dismissed Birmingham Southeast's application because the application
lacked frequency coordination as required by Sections 90.135 and 90.175 of the Commission's Rules.

          3.   On September 14, 2000, Birmingham Southeast refiled its application, again without 
frequency coordination.  The application requested a new frequency assignment of mobile frequencies 72.48
MHz and 72.56 MHz.  The application indicated that the station class was fixed.  The Branch returned the
application for correction of the station class and frequency coordination on September 25, 2000.

          4.   On October 5, 2000, Birmingham Southeast again resubmitted the application without
frequency coordination.  On November 6, 2000, the Branch dismissed the application because it lacked
frequency coordination.  On November 16, 2000, Birmingham Southeast sent a letter to the Commission's
Gettysburg, Pennsylvania office requesting reconsideration of the November 6 action.

          5.   Discussion.  We will dismiss Birmingham Southeast's reconsideration petition because it 
was not properly filed.  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.                                   

          6.   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, Birmingham Southeast 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 Birmingham Southeast's petition should be dismissed as
improperly filed.
          7.   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 Section 1.106 of the Commission's Rules, 47 C.F.R.
 1.106, that the petition for reconsideration submitted by Birmingham Southeast, LLC, on November 16,
2000 IS DISMISSED.

          8.   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