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

In the Matter of                             )
                              )
NORCOM COMMUNICATIONS CORP.        )    FCC File No. D111212
                              )
Conventional Industrial/Business             )
Station WNBD235, Central Islip, New York          )

                    ORDER ON RECONSIDERATION

Adopted:  February 20, 2001                  Released: February 22, 2001

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

1.   Introduction.  By letter received December 23, 1999, Tower Landscaping, Inc. (Tower)
requests reconsideration of the December 7, 1999 action by the Public Safety and Private Wireless Division,
Licensing and Technical Analysis Branch (Branch) granting the above-captioned assignment application.  The
subject application sought authorization to assign Conventional Industrial/Business Station WNBD235, Central
Islip, New York, from Tower to Norcom Communications Corp. (Norcom).  For the reasons set forth below,
we dismiss the petition for reconsideration.

          2.   Background.  In the 1980s, Tower was granted a license to operate Station WNBD235 on
frequency pair 471.7125/474.7125 MHz.  In August 1998, Norcom filed an application with the Commission
seeking authorization to assign Station WNBD235 from Tower to Norcom.  The application contained a
certification form, signed by Robert Hole, certifying Tower's consent to the assignment of the station.  On
December 7, 1999, the Branch granted the assignment application.  Also on December 7, 1999, Tower
electronically filed a renewal application, which the Branch later dismissed on December 30, 1999, because
payment was not received within ten days of application.

3.   By letter dated December 15, 1999 and received at the Commission's Gettysburg,
Pennsylvania facility on December 23, 1999, Tower requested reconsideration of the December 7, 1999 grant
of the assignment application.  Tower stated, "It has recently come to our attention that [the authorization for
Station WNBD235] was transferred over to another party."  Tower asked the Commission to set aside and
rescind the assignment so that Tower can retain the authority to operate Station WNBD235.  

     4.   Discussion.  We will dismiss Tower's 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, under
the plain language of the Commission's Rules, 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, Tower 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 Tower's petition should be dismissed as improperly filed. 
     
6.   In addition, Section 1.106(f) of the Commission's Rules provides that a petition for 
reconsideration must be served upon the parties to the proceeding.  There is no indication that the petition was
served on Norcom.
     
     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 Tower Landscaping, Inc. and received in Gettysburg,
Pennsylvania on December 23, 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




                         Scot Stone
                         Deputy Chief, Policy and Rules Branch
                         Public Safety and Private Wireless Division
                         Wireless Telecommunications Bureau