**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In re Application of )

)

Michael Jenkins d/b/a Page Me ) File No. 36809-CD-P/ML-95

)

For Reconsideration of Termination of )

License for facilities in the Paging and )

Radiotelephone Service )

Station KNKP668 at Winnemucca, Nevada )

**ORDER ON RECONSIDERATION**

**Adopted: October 29, 1999 Released: October 29, 1999**

By the Deputy Chief, Policy and Rules Branch, Commercial Wireless
Division, Wireless Telecommunications Bureau:

1\. On May 30, 1997, Michael Jenkins d/b/a Page Me (Page Me) filed a
petition for reconsideration (Petition) of the termination of Page Me\'s
above-captioned authorization for Paging and Radiotelephone Service
Station KNKP668, on the 158.10 MHz frequency, at Winnemucca, Nevada. For
the reasons discussed below, we grant the Petition.

2\. On April 28, 1994, the Narrowband Branch[^1] (Branch) granted Page
Me\'s first application for a new 158.10 MHz base station at Winnemucca,
Nevada under File No. 21492-CD-P/L-94 (First Authorization). Page Me
failed to file an FCC Form 489, however, to notify the Commission that
it had completed construction and commenced service to the public. After
realizing that it had failed to notify the Branch of completion of
construction on a timely basis, rather than submitting an FCC Form 489
for the First Authorization, Page Me filed the above-captioned
application on August 30, 1995, to relicense its base station at
Winnemucca. On December 15, 1995, the Branch terminated Page Me\'s First
Authorization and granted the second application under File No.
36809-CD-P/ML-95 (Second Authorization).

3\. On April 1, 1996, Page Me filed an FCC Form 489 completion of
construction notification for its 158.10 MHz base station at Winnemucca.
That notification, however, while timely filed with respect to the
Second Authorization, incorrectly listed File No. 21492-CD-P/L-94, the
First Authorization, rather than File No. 36809-CD-P-M/L-95, the Second
Authorization. Consequently, on April 30, 1997, the Branch issued a
Public Notice terminating the Second Authorization.[^2]

4\. Page Me\'s Petition requests that the Commission: (1) reconsider the
termination of the above-captioned authorization; (2) issue a
superseding license for Station KNKP668 as authorized under either File
No. 21492-CD-P/L-94 or 36809-CD-P/ML-95; and (3) issue a corrective
public notice so that the public will not be under the erroneous
impression that the frequency 158.10 MHz is available for assignment at
Winnemucca, Nevada.[^3]

5\. Our records indicate that, in response to the Petition, the Branch
corrected the status of the Second Authorization to reflect the timely
receipt of the FCC Form 489, returned the second application (File No.
36809-CD-P-M/L-95) to pending status, and granted that application. The
Petition, however, was not formally granted. Because this Petition
technically remains pending, we formally grant the Petition by this
Order.

6\. Accordingly, IT IS ORDERED that, pursuant to the authority delegated
by sections 4(i) and 405 of the Communications Act, as amended, 47
U.S.C. §§ 154(i), 405, and by 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 Michael Jenkins d/b/a Page Me on May 30,1997,
IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

Cynthia S. Thomas Deputy Chief, Policy and Rules Branch

Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: ^?^ After the Petition was filed, the Commercial Wireless
    Division\'s Narrowband Branch and Broadband Branch were merged into
    the Licensing and Technical Analysis Branch.

[^2]: ^?^ Public Notice, Wireless Narrowband Branch Information, Report
    No. NCS-97-31-A (Apr. 30, 1997).

[^3]: ^?^ Petition at 4-5.