******************************************************** 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 ) File Nos. 30083-CD-P/L-95 ) 31820-CD-P/L-95 CommNet Paging, Inc. ) 31824-CD-P/L-95 ) 31827-CD-P/L-95 Petition for Reconsideration ) 31837-CD-P/L-95 ) 31843-CD-P/L-95 of Applications to Establish Various ) 31851-CD-P/L-95 New Base Stations on Frequency ) 931.6375 MHz Above Line A ) ) ORDER Adopted: May 8, 1997 Released: May 9, 1997 I. INTRODUCTION 1. In this Order, we deny seven related Petitions for Reconsideration filed by CommNet Paging, Inc. ("CommNet"). These Petitions involve applications for frequencies and sites near the border between Canada and the United States, which require coordination between the countries. Because Canada declined to provide the necessary approval, the Petitions for Reconsideration are denied. II. BACKGROUND 2. On May 19, 1995, CommNet filed six applications to operate 931 MHz paging base stations. All applications requested the frequency 931.6375 MHz, and all requested sites in Montana or North Dakota north of Line A. Pursuant to Section 22.531(e) of the Commission's rules, the frequency requested is not available to United States licensees at the sites requested. CommNet thus requested a waiver of the rule. CommNet also filed a seventh application for 931.6375 MHz at another site in North Dakota north of Line A. CommNet did not request a waiver because it mistakenly believed the site was not north of Line A. 3. In May, 1996, the Wireless Telecommunications Bureau granted CommNet's seven applications. However, the Bureau granted the applications for a frequency other than the requested frequency of 931.6375 MHz. 4. In June, 1996, CommNet filed seven Petitions for Reconsideration, one for each application. CommNet argues that its applications "appear[] to have been granted pursuant to the algorithm in the Bureau's computerized processing run . . . without regard to rule waiver requests or other special circumstances." CommNet argues that "the Bureau is still required to consider, on the merits, CommNet's request for waiver of Rule Section 22.531(e)(3) [and] was obligated, at the very least, to request that the [Canadian authorities] coordinate CommNet's captioned application." III. DISCUSSION 5. Pursuant to the U.S.-Canada Coordination Considerations for the Band 929-932 MHz, as amended, Section 22.531(e)(3) of the Commission's rules does not allow the frequency 931.6375 MHz to be assigned to United States licensees above Line A. A waiver of the restriction would be appropriate only if the proper Canadian authorities approved a coordination request. 6. On December 11, 1996, the International Bureau, Planning and Negotiations Division made a coordination request on behalf of CommNet to Industry Canada. The request included an interference study, along with a statement that CommNet's proposed sites would appear not to cause harmful interference to any Canadian operation. The coordination request asked Industry Canada to consider CommNet's proposal to determine if the applications could be approved. 7. On January 10, 1997, Industry Canada declined the coordination request. It explained that although the interference study indicated that CommNet's proposal should not cause interference to Canadian operations, the possibility existed that the proposal could inhibit future implementation of Canadian operations on 931.6375 MHz. Thus, Industry Canada declined to approve CommNet's proposal. However, it did state that it would reevaluate its position if CommNet made arrangements with a Canadian partner to share the requested frequency or another similar one. IV. CONCLUSION AND ORDERING CLAUSE 8. Because Industry Canada declined the coordination request, CommNet's Petitions for Reconsideration, and its applications for the frequency 931.6375 MHz at the requested sites above Line A, cannot be granted. 9. IT IS HEREBY ORDERED that, pursuant to 4(i) and 405, of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 405, and pursuant to the authority delegated by Sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.331 and 1.106, that CommNet's Petitions for Reconsideration, captioned above, are DENIED. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau