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

In the Matter of                )
                                )
Revision of Part 22 and Part 90 )  WT Docket No. 96-18
of the Commission's Rules to Facilitate)
Future Development of Paging Systems     )   
                                 

                             ORDER


   Adopted:  December 14, 1998          Released:  December 14, 1998

By the Chief, Commercial Wireless Division:

                         I.  INTRODUCTION

     1.   By this Order, the Commercial Wireless Division (Division) dismisses all pending mutually
exclusive paging applications; all pending paging applications (other than applications for nationwide and
shared channels) filed after July 31, 1996; and all pending paging applications that request spectrum that was
previously assigned to another licensee on an exclusive basis.   

                         II.  BACKGROUND

     2.   In August 1993, the Omnibus Budget Reconciliation Act of 1993 added Section 309(j) to the
Communications Act of 1934, as amended.  Section 309(j) accorded the Commission authority to use
competitive bidding procedures to select among mutually exclusive applications for initial licenses under certain
circumstances.  More recently, the Balanced Budget Act of 1997 expanded the Commission's authority, and
statutory mandate, to use competitive bidding to choose from among mutually exclusive license applicants. 


     3.   In February 1997, the Commission released the Second Report and Order in WT Docket No.
96-18, in which it adopted final rules effecting a transition to geographic area licensing for exclusive, non-
nationwide paging channels in the 35-36 MHz, 43-44 MHz, 152-159 MHz, 454-460 MHz, 929-930 MHz, and
931-932 MHz bands and competitive bidding procedures for selecting among mutually exclusive applications
for geographic area non-nationwide paging licenses.   In order to facilitate this transition to geographic area
licensing, the Commission also decided that all pending mutually exclusive paging applications and all paging
applications filed after July 31, 1996, other than applications for nationwide and shared channels, would be
dismissed.  The Commission further decided that, with certain limited exceptions, no additional site-by-site
applications other than for shared channels would be accepted.

                         III.  DISCUSSION

     4.   Pursuant to the Second Report and Order, the Division hereby dismisses all pending mutually
exclusive paging applications in the 35-36 MHz, 43-44 MHz, 152-159 MHz, 454-460 MHz, 929-930 MHz,
and 931-932 MHz bands.  These applications are listed in Attachment A.  We also dismiss all pending paging
applications, other than applications for nationwide or shared channels, filed with the Commission after July
31, 1996.  These applications are listed in Attachment B.  Finally, pursuant to section 22.128(e)(2) of the
Commission's rules, we dismiss all pending paging applications that request spectrum that was previously
assigned to another licensee on an exclusive basis in accordance with the exclusivity rules established in 1993. 
These applications are listed in Attachment C. 

     5.   We note that a number of parties have submitted petitions seeking reconsideration of the
Commission's decision in the Second Report and Order to dismiss mutually exclusive paging applications and
paging applications filed after July 31, 1996.  These petitions are pending before the Commission.  If the
Commission determines on reconsideration that these applications should not be dismissed, the applications
listed in Appendix A and Appendix B will be reinstated.      

                      IV.  ORDERING CLAUSES
     
     6.   Accordingly, IT IS ORDERED that, as of the adopted date of this Order, all pending mutually
exclusive paging applications for use in the 35-36 MHz, 43-44 MHz, 152-159 MHz, 454-460 MHz, 929-930
MHz, and 931-932 MHz bands, as set out in Attachment A of this Order, ARE DISMISSED without
prejudice.

     7.   IT IS FURTHER ORDERED that all paging applications for use in the 35-36 MHz, 43-44
MHz, 152-159 MHz, 454-460 MHz, 929-930 MHz, and 931-932 MHz bands filed after July 31, 1996, as set
out in Attachment B of this Order, ARE DISMISSED without prejudice.

     8.   IT IS FURTHER ORDERED that, pursuant to Section 22.128(e)(2) of the Commission's
Rules, 47 C.F.R.  22.128(e)(2), all paging applications requesting spectrum that was previously assigned to
another licensee on an exclusive basis, as set out in Attachment C of this Order, ARE DISMISSED. 
     
     9.   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


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