**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Transit Communications, Inc. ) File No. 94F181

)

Finder\'s Preference Request )

For Station WNXG906 )

Licensed to Transit Communications, Inc. )

Birmingham, AL )

)

**MEMORANDUM OPINION AND ORDER**

**Adopted: September 29, 1999 Released: September 29, 1999**

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

1.  On February 19, 1997, Dial Call, Inc. (Dial Call), a subsidiary of
    Nextel Communications,[^1] Inc., licensee of Station WNXG906, filed
    a petition for reconsideration (Petition)[^2] of a decision by the
    Wireless Telecommunications Bureau's (Bureau) Office of Operations
    awarding a finder's preference against Station WNXG906.[^3] For the
    reasons discussed below, we grant Dial Call's petition for
    reconsideration and we set aside, in part, the finder's preference
    award by removing frequencies 864.7125 and 865.7125 MHz.

2.  On April 22, 1992, Transit was granted a license for Station WNXG906
    for frequencies 861-865.7125 MHz. On July 9, 1993, the Bureau's Land
    Mobile Branch (Branch) superceded and reissued the license for
    Station WNXG906 by removing frequencies 864-865.7125 MHz. Betty
    Miller (Miller) filed a finder's preference request against
    frequencies 861-865.7125 MHz for Station WNXG906 on June 13,
    1994.[^4] Dial Call did not oppose the finder's preference request.
    The Bureau's Office of Operations awarded the finder's preference
    request to Miller on January 24, 1997 because the finder provided
    evidence that Station WNXG906 was not constructed by its
    construction deadline.

3.  

4.  In its Petition, Dial Call does not seek reconsideration of the
    award to Miller of frequencies 861-864.7125 MHz. Dial Call only
    seeks reconsideration of the decision to award frequencies
    864-865.7125 to Miller. Miller did not oppose Dial Call's Petition.
    Based on the Branch's previous removal of frequencies 864-865.7125
    MHz from the license for Station WNXG906, there was no supporting
    license for frequencies 864-865.7125 MHz. The Office of Operations
    thus erred when it awarded a finder's preference to Miller for all
    five frequencies. The Commission, upon learning of an inadvertent,
    ministerial processing error, may correct its error.[^5]

    **Ordering Clauses**

5.  Accordingly, IT IS ORDERED that pursuant to sections 4(i) and 405 of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and
    405, and sections 0.331 and 1.106 of the Commission's rules, 47
    C.F.R. §§ 0.331 and 1.106, the Petition for Reconsideration filed by
    Dial Call, Inc. is GRANTED.

6.  IT IS FURTHER ORDERED that the award of a finder's preference
    request to Betty Miller on January 24, 1997, is SET ASIDE, IN PART
    by removing frequencies 864.7125 and 865.7125 MHz.

7.  IT IS FURTHER ORDERED that Betty Miller has 90 days from the date of
    this Order to file an application with the Commission for
    frequencies 861.7125, 862.7125 and 863.7125 MHz. If the target
    licensee files an application for review of this order, the filing
    of an application IS TOLLED.

Federal Communications Commission

William W. Kunze

Deputy Chief, Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: Dial Call is the successor-in-interest to Transit Communications,
    Inc. (Transit).

[^2]: Petition for Reconsideration filed February 19, 1997.

[^3]: *See* Letter from Anne Marie Wypijewski, Esq., Office of
    Operations, to Betty Miller, dated January 24, 1997.

[^4]: Request for Finder's Preference filed June 30, 1994.

[^5]: *See* *Interstate Broadcasting Company, Inc*., 2 FCC Rcd. 4051
    (1987); and *American Trucking Association v. Frisco Transportation
    Company*, 358 U.S. 13 (1958).