******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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 Applicatio n of) ) NELL G. JOHNSON ) File No. 22556-CD-P/L-95 ) for Authorization to Construct and ) Operate New Transmitting Facilities ) in the Paging and Radiotelephone Service ) on 931.4875 MHz at a Location in ) Allentown, Pennsylvania ) ORDER Adopted: December 6, 1996 Released: December 6, 1996 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On January 6, 1995, Tri-State Radio Corporation ("Tri-State") filed a Petition to Dismiss or Deny Nell G. Johnson's ("Johnson") application requesting a paging facility on the 931.4875 MHz frequency in Allentown, Pennsylvania. Tri-State asserts that the location site Johnson requests would cause substantial harmful electrical interference to four of Tri-State's PLMS one-way paging facilities that are located within 70 miles of Johnson's proposed site. Upon review of the pleadings and the Commission's records, we conclude that the 931.4875 MHz frequency cannot be assigned to Johnson because Johnson's proposed site does not comply with the Commission's minimum separation requirements in the 931 MHz band. 2. Accordingly, IT IS ORDERED that pursuant to authority delegated by Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), the Petition to Dismiss or Deny filed by Tri-State on January 6, 1995 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau