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

In the Matter of                     )
                                     )
JOY RHEINS                           )       File No. 94F443
                                     )
Finder's Preference Request         )
For Specialized Mobile Radio         )
Station WNSM957, Licensed to         )
Jeff Comm Corp. at Grieg, New York          )


                  MEMORANDUM OPINION AND ORDER

   Adopted: September 22, 1999          Released: September 22, 1999

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

                        I.  Introduction

1.     On January 31, 1997,  Joy Rheins (Ms. Rheins) filed a petition for reconsideration (Petition)
of a decision by the Wireless Telecommunications Bureau's Office of Operations denying her request for a
finder's preference for Specialized Mobile Radio (SMR) Station WNSM957, licensed to Jeff Comm Corp.
(Jeff Comm).  For the reasons discussed below, Ms. Rheins's petition for reconsideration is denied.

                        II.  Background

2.     On September 7, 1994, Ms. Rheins filed a finder's preference request for WNSM957 alleging
that the station was non-operational and permanently discontinued in violation of section 90.157 of the
Commission's rules. On January 2, 1997, the Office of Operations denied the finder's preference request
because Ms. Rheins failed to carry her burden and demonstrate that a rule violation occurred.  Ms. Rheins
filed a petition for reconsideration on January 31, 1997.

3.     Ms. Rheins alleged that there were no authorized end users on the station.  In its opposition,
Jeff Comm provided copies of end user applications submitted to the Commission and a declaration by Rex
Ennis, president of Jeff Comm, stating that end users were operating on the system.  Jeff Comm submitted
an FCC Form 800A letter stating that the station was timely constructed and a list of the frequencies in
operation. In her Petition, Ms. Rheins asserted that the target licensee's evidence was vague. 


                        III.  Discussion

4.     The Commission created the finder's preference program in order to relieve the scarcity of
spectrum in several frequency bands by creating "new incentives for persons to provide [the Commission
with] information about unconstructed, non-operational, or discontinued private land mobile radio
systems...."  Under the finder's preference program, a person could file a finder's preference request by
presenting the Commission with evidence leading to the cancellation of a license due to the licensee's
noncompliance with certain regulations. 

5.     Ms. Rheins's petition relies entirely on the assertion that the target licensee's evidence of
construction and operation is vague.  Ms. Rheins has not submitted evidence of any investigation or a
statement from any witness having personal knowledge of the status of Station WNSM957.  Instead, Ms.
Rheins's allegations are based on information that there were no end users listed on the Commission's
loading card associated with Station WNSM957.  

6.     When it established the finder's preference program, the Commission decided that the finder
has the burden of proving that the target licensee violated our rules relating to construction, placement- in-
operation, and continuance of operation.  In evaluating Ms. Rheins's evidence, we note that the
Commission permits end users operating on other stations to "roam" between stations without separate
authorizations.  Jeff Comm presented substantial rebuttal evidence that mobile users were in fact operating
on the system as "roamers."  Therefore, we find that Joy Rheins did not demonstrate that the target licensee
did not place WNSM957 in operation or did not permanently discontinue operation of the station.  We
affirm the Office of Operations' decision to deny the finder's preference request.  


            IV.Conclusion and 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 Joy Rheins in Finder's
Preference Case No. 94F443 IS DENIED.


                                                       Federal Communications Commission




                                                                           William Kunze
                              Deputy Chief, Commercial Wireless Division
                              Wireless Telecommunications Bureau