**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Chadmoore Communications, Inc. ) File No. 96F003

)

Finder\'s Preference Request )

For Station WPDT728 )

Licensed to Dial Call of Arkansas, Inc. )

at DeQueen, AR )

)

**MEMORANDUM OPINION AND ORDER**

**Adopted: October 27, 1999 Released: October 27, 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, Inc., licensee of Station WPDT728, filed a
    petition for reconsideration (Petition)[^1] of a decision by the
    Wireless Telecommunications Bureau's (Bureau) Office of Operations
    awarding a finder's preference against Station WPDT728.[^2] For the
    reasons discussed below, we grant Dial Call's petition for
    reconsideration and reinstate, in part, the license for Station
    WPDT728, except for frequencies 861-865.9875 MHz.

2.  On November 24, 1993, Transit Communications, Inc., the previous
    licensee, was granted a license for Station WPDT728 for frequencies
    861-865.9875 MHz. Chadmoore filed a finder's preference request
    against the five frequencies of Station WPDT728 on October 10,
    1995.[^3] Chadmoore alleged that the licensee was in violation of 47
    C.F.R. § 90.631 in that Station WPDT728 was not constructed at its
    authorized coordinates. On October 31, 1995, the Land Mobile
    Division (Division) granted several additional frequencies for
    station WPDT728. The Bureau's Office of Operations awarded the
    finder's preference request to Chadmoore on January 21, 1997 and
    cancelled the license for Station WPDT728.

3.  

4.  In its Petition, Dial Call does not seek reconsideration of the
    Office of Operation's decision to award Chadmoore the targeted
    channels from the license. Dial Call only seeks to clarify that we
    should only cancel the frequencies 861-865.9875 MHz for Station
    WPDT728 not the additional frequencies granted on October 31, 1995.
    We agree that we should cancel only the frequencies 861-865.9875 MHz
    listed in the finder's preference request. Therefore, we reinstate,
    in part, the license for Station WDPT728 except for the frequencies
    861-865.9875 MHz.

    **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 Chadmoore has 90 days from the date of
    this Order to file an application with the Commission for
    frequencies 861-865.9875 MHz. If the target licensee files an
    application for review of this order, the filing of an application
    WILL BE TOLLED.

7.  IT IS FURTHER ORDERED that the license for Station WPDT728 is
    reinstated, in part, except for the frequencies 861-865.9875 MHz.

Federal Communications Commission

William W. Kunze

Deputy Chief, Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: Petition for Reconsideration filed February 19, 1997.

[^2]: *See* Letter from William K. Kellett, Esq., Office of Operations,
    to Marjorie K. Conner, Esq., dated January 21, 1997.

[^3]: Request for Finder's Preference filed October 10, 1995.