******************************************************** 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 the Matter of ) ) DAVID GRUNBERG ) File No. 26747-CD-P/L-95 ) Authorization for a station ) on 931.2625 MHz in the Paging ) and Radiotelephone Service: ) KNLQ844, Kingsland, GA ) ORDER Adopted: March 17, 1998 Released: March 17, 1998 By the Acting Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this order, the Commercial Wireless Division denies Metrolink, Inc.'s (Metrolink) petition for reconsideration (Petition) of the grant by the Licensing and Technical Analysis Branch (formerly Narrowband Branch) of the application of David Grunberg (Grunberg) for a station on 931.2625 MHz at Kingsland, Georgia. 2. On December 28, 1994, Metrolink filed a series of twenty-six applications with the Commission requesting frequency 931.2625 MHz at various locations throughout the southeastern United States, including a location at Waycross, Georgia, in order to establish a wide-area paging network. On March 6, 1995, Grunberg filed an application with the Commission for authorization for a station on 931.2625 MHz at Kingsland, Georgia, a site approximately forty-eight miles from Metrolink's Waycross, Georgia application. Grunberg's application indicated an intent to be part of a wide-area paging system with Wharton Telecom, Inc. (Wharton) and various other parties to serve the state of Georgia. 3. On January 31, 1996, the Licensing and Technical Analysis Branch granted Metrolink's authorization for a station on frequency 931.7875 MHz at Waycross, Georgia. Metrolink's requested frequency was not available because frequency 931.2625 MHz was blocked by two pending transmitters: Pay Phone Inc., which filed its application on October 31, 1994, and Florida Network USA, Inc., which filed its application on November 18, 1994. Wharton's frequency at Jacksonville, Florida blocked Metrolink, Pay Phone, Inc. and Florida Network USA, Inc. from receiving their requested frequencies. Grunberg received his requested frequency only because of his agreement to short-space with Wharton. 4. On May 15, 1996, the Licensing and Technical Analysis Branch granted Grunberg's authorization for his requested station. Grunberg was granted frequency 931.2625 MHz because Grunberg had entered into a short-spacing agreement with Wharton. On June 14, 1996, Metrolink filed its Petition seeking reconsideration of the Grunberg assigned frequency, and requested assignment of its preferred frequency, 931.2625 MHz. Metrolink argued that it was entitled to its requested frequency because its application was filed prior to Grunberg's application and therefore should have been given priority. 5. In response to Metrolink's Petition, the Licensing and Technical Analysis Branch determined that Metrolink was not entitled to priority over Grunberg because, although Metrolink was eligible for the requested frequency, the frequency was blocked by previously filed applications. Therefore, frequency 931.7875 MHz was assigned to Metrolink. Furthermore, as Metrolink did not have a short- spacing agreement with Wharton, as does Grunberg, Metrolink's application was blocked by Wharton. Moreover, applicants are not entitled to their requested frequency. Section 22.501(p)(2) allows an applicant to specify a frequency, however, the Commission is not bound by such requests. 6. Accordingly, IT IS ORDERED, that, pursuant to sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C  154(i) and 405, authority delegated by section 0.331 of the Commission's rules, 47 C.F.R  0.331, and pursuant to section 1.106 of the Commission's rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed by Metrolink, Inc. on June 14, 1996, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Acting Chief, Commercial Wireless Division Wireless Telecommunications Bureau