**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Chadmoore Communications, Inc. ) File No. 96F071

)

Finder\'s Preference Request )

For Station WPDF401 )

Licensed to Dial Call of Arkansas, Inc. )

at Clinton, AR )

)

**MEMORANDUM OPINION AND ORDER**

**Adopted: November 1, 1999 Released: November 1, 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. and licensee of Station WPDF401, 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 WPDF401.[^2] For the
    reasons discussed below, we grant Dial Call's petition for
    reconsideration and reinstate, in part, the license for Station
    WPDF401.

2.  Dial Call was originally granted frequencies 861-862.6375 MHz and
    861-865.9375 MHz for Station WPDF401. On October 31, 1995, the Land
    Mobile Division (Division) granted several additional frequencies
    for Station WPDF401. On November 10, 1995, Chadmoore filed a
    finder's preference request against the above seven frequencies.[^3]
    Chadmoore alleged that the licensee was in violation of 47 C.F.R. §
    90.631 in that Station WPDF401 was not constructed. The Bureau's
    Office of Operations awarded the finder's preference request to
    Chadmoore on January 21, 1997 and cancelled the license for Station
    WPDF401.

3.  

3\. In its Petition, Dial Call does not seek reconsideration of the
Office of Operation's decision to award Chadmoore the seven targeted
channels. Dial Call only seeks to clarify that we should only cancel the
original frequencies, 861-862.6375 MHz and 861-865.9375 MHz, not the
additional frequencies granted on October 31, 1995. We agree that we
should cancel only the frequencies, 861-862.6375 MHz and 861-865.9375
MHz, as listed in the finder's preference request. Therefore, we
reinstate, in part, the license for Station WPDF401 except for the
frequencies 861-862.6375 MHz and 861-865.9375 MHz.

**Ordering Clauses**

1.  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.

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4.  IT IS FURTHER ORDERED that Chadmoore has 90 days from the date of
    this Order to file an application with the Commission for
    frequencies 861-862.6375 MHz and 861-865.9375 MHz. If the target
    licensee files an application for review of this order, the filing
    of an application WILL BE TOLLED.

5.  IT IS FURTHER ORDERED that the license for Station WPDF401 is
    reinstated, in part, except for the frequencies 861-862.6375 MHz and
    861-865.9375 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 November 10, 1995.