Before the
                Federal Communications Commission
                      Washington, D.C. 20554
 
In re Application of                    )
                              )
CONTACT COMMUNICATIONS, INC.  )
                              )
Authorizations for New Transmitting          )
Facilities under Station KNKM569 on          )
931.0125 MHz in the Paging and          )    File Nos.      25332-CD-P/ML-95    
Radiotelephone Service:            )                   25341-CD-P/ML-9                                                   
                         )              25352-CD-P/ML-95
                              )
Rio Grande City, Texas             )
Alpine, Texas                      )
Del Rio, Texas                     )
                                 

                    ORDER ON RECONSIDERATION


   Adopted:  March 23, 1998             Released:  March 24, 1998

By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

                         I.  INTRODUCTION

     1.  By this Order on Reconsideration, we deny the Petition for Reconsideration (Petition) filed by
Contact Communications, Inc. (Contact), on September 20, 1996, and a Supplement to Petition for
Reconsideration on November 14, 1996, of the Narrowband Branch's grant of the above-captioned applications
on frequency 931.0125 MHz rather than 931.4625 MHz, the frequency for which Contact specifically applied. 
We conclude that Contact has failed to demonstrate that frequency 931.0125 MHz was assigned in error or
that reconsideration of the grant of its application is warranted.

                         II.  BACKGROUND

     2.    On December 21, 1994, the Commission issued two Public Notices accepting applications filed
by Florida Network USA, Inc. (FNUSA) seeking paging facilities on 931.4625 MHz in Roma, Alpine, and Del
Rio, Texas.  American 900 Paging, Inc. (American 900), Contact's predecessor-in-interest, filed an application
on January 20, 1995, to expand its existing wide-area system on 931.4625 MHz in western and southern
Texas.  The Narrowband Branch subsequently granted FNUSA's applications for Roma, Texas, on May 3,
1995, and Alpine and Del Rio, Texas, on May 17, 1995.  The  


Narrowband Branch assigned FNUSA the frequency of 931.4625 MHz.  On August 21, 1996, the Commission
granted Contact's applications on frequency 931.0125 MHz.          
    
     3.  Contact filed a petition for reconsideration of the August 21, 1996, grant on September 20, 1996. 
Contact noted that FNUSA failed to timely construct its authorized facilities on 931.4625 MHz and that its
grant expired in May of 1996.  According to Contact, that frequency was now available and the Commission
should have assigned it to Contact in the August 21 grant.  The Narrowband Branch released a Public Notice
on October 30, 1996, announcing that FNUSA's authorization had been terminated due to failure to timely
construct its facilities.  Contact then filed a Motion to Supplement Petition for Reconsideration (Motion) and
Supplement to Petition for Reconsideration (Supplement) on November 14, 1996.  It cites the October 30,
1996, Public Notice in its motion as justification for supplementing its previously filed petition for
reconsideration.  In its Supplement, Contact reiterates the arguments advanced in its September 20, 1996,
petition and requests assignment of frequency 931.4625 MHz.

                         III.  DISCUSSION

     4.  We have reviewed Contact's Petition and Supplement find that they should be denied.  We could
not assign Contact its requested frequency of 931.4625 MHz in Rio Grande City, Alpine, and Del Rio, Texas,
because it was unavailable due to the previously filed applications of FNUSA.  The Narrowband Branch
identified 931.0125 MHz as an available frequency for FNUSA's proposed facilities at Rio Grande City,
Alpine, and Del Rio, Texas.  Therefore, Contact received the frequency of 931.0125 MHz.  The Commission
is not bound to assign the frequency requested by 931 MHz paging applicants and may assign any available
frequency.  

     5.  We are denying reconsideration notwithstanding the fact that FNUSA has forfeited its right to the
frequency by failure to construct within the time required by the Commission's rules.  We find that the
assignment of alternate frequency 931.0125 MHz to Contact complied with Commission Rules.  In view of the
foregoing, we affirm the grant of frequency 931.0125 MHz to Contact and deny its Petition and Supplement.

                      IV.  ORDERING CLAUSES

     7.  Accordingly, pursuant to our authority under sections 4(i) and 405 of the Communications Act of
1934, as amended, 47 U.S.C.  154(i) and 405, and section 1.106 of the Commission's rules, 47 C.F.R. 
1.106, IT IS ORDERED that the Petition for Reconsideration filed on September 20, 1996, and 

the Supplement to Petition for Reconsideration filed on November 14, 1996, by Contact Communications, Inc.,
ARE DENIED.

     8.  IT IS FURTHER ORDERED that pursuant to section 4(i) of the Communications Act of 1934,
as amended, 47 U.S.C.  154(i), that the Motion to Supplement Petition for Reconsideration filed on November
14, 1996, by Contact Communications, Inc., IS GRANTED.

     9.  This action is taken pursuant to delegated authority as set forth in section 0.331 of the
Commission's rules, 47 C.F.R.  0.331.

                              FEDERAL COMMUNICATIONS COMMISSION 



                              
                              Steven E. Weingarten
                              Acting Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau