Federal Communications Commission 
Before the 
Federal Communications Commission 
Washington, D.C 20554 
In the Matter of the Application of ) 
) 
MGM Grand Hotel, Inc. ) 
) 
) 
Seeking Authorization to Construct and ) 
Operate on 900 MHz Private Land Mobile ) 
Service Channels in Las Vegas, Nevada ) 
Adopted: June 10, 1998 
) 
) 
ORDER 
Released: June 10, 1998 
DA98-1100 
By the Chief, Public Safety and Private Wireless Division, Wireless Telecomnumications Bureau: 
1. By this Order we dismiss, without prejudice, the application of MGM Grand Hotel, Inc. 
(MGM) seeking authorization to construct and operate on 900 MHz Private Land Mobile Radio (Pl.MR) 
channels in Las Vegas, Nevada MGM proposes to construct facilities for intemal use operating on several 
Business Radio frequencies that are currently the subject of an ongoing proceeding. 1 MGM's application 
does not comply with the frequency coordination requirements of Section 90.175 of the Commission's 
Rules, thus we are dismissing its application. 2 Moreover, because the Commission has not yet taken action 
on the pending Vt.king Dispatch Services, Inc. (Vt.king) Application for Review "Mllch concerns these 
channels, we find that MGM's application is premature. 
2. MGM seeks authority to construct and operate its own internal radio system to improve speed 
of access because many of the conunercial providers offering intercomiected services have delays in 
service during peak homs.4 Further, according to MGM, it uses a large mnnber of units that must receive 
signals in sheltered areas (e.g., tunnels and basements) that cannot be adequately reached by any of the 
commercial providers currently operating in Las Vegas.5 Finally, MGM argues that an internal system 
would enable it to use its allotted channels for data telemetry requirements associated with security 
See Application of MGM Grand Hotel, Inc. (March 5, 1998) (MGM Application). 
2 See 47 C.F.R § 90.175 (applications for a new frequency assignment must include a showing of frequency 
coordination). 
See Application for Review filed by Viking Dispatch Services, Inc. (July 8, 1996). 
4 MGM Application, Cover Letter at 1. 
s Id at 2. 
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Federal Communications Commission DA98-1100 
operations.6 
3. As a general matter, all applicants for new assignments in the PLMR service must file a 
properly completed application that complies with Section 90.127(a) of our rules7 and is accompanied by 
evidence of frequency coordination in accordance with Section 90.175 of the rules. 8 Specifically, for 
frequencies between 896-901 and 935-940 ~ a statement is required from the applicable coordinator 
recommending specific frequencies that are available for assignment.9 MGM, \\ho is applying for 
channels in the 896-901 and 935-940 MHz band, 10 submitted its application to the Personal 
Communications fudustry Association (PCIA), a frequency coordinator. However, PCIA forwarded the 
application, without a recommendation, to the FCC because MGM "requested 900 MHz frequencies vm.ich 
are not available due to filings by VJ.king Dispatch Services, fuc. "11 MGM acknowledges the pendency 
of the Viking Application for Review, but argues that Viking's channels became available for assignment 
to other applicants on Jtme 7, 1996, the date of the dismissal of Viking's applications by the Wireless 
Telecommunications Bureau (Bureau). 12 Alternativel6, MGM proJX'ses to accept the licenses conditioned 
upon the final diSjX)sition of the Viking proceeding. 3 · 
4. We do not agree that Viking's channels became available upon the Bureau's dismissal of 
Viking's applications. First, Viking filed a Request for Stay of the effective date of the Bureau's Order, 14 
which remains pending before the Commission. Moreover, Section l.115(a) permits any party ~eved 
by any action taken pursuant to delegated authority to request Commission review of that action. 1 If the 
Commission grants the Application for Review, it may reverse or modify the underlying decision or 
remand the matter to the designated authority for reconsideration. 16 fu light of the jX)ssibility for reversal 
or modification of the underlying decision, the Commission has traditionally declined to assign or grant 
6 Id ·at 3. 
7 See 47 C.F.R § 90.127(a) (applications for private land mobile licenses that require frequency coordination 
shall be first sent to a certified coordinator). 
8 See 47 C.F.R § 90.175 (applications for new frequency assignments must include a showing of frequency 
coordination). 
9 See 47 C.F.R § 90.175(e). 
10 See MGM Application at Schedule G. 
11 See Letter to Federal Communications Commission from Heather McConnack, Coordination Services, 
Personal Communications Industry Association, dated February 27, 1998. 
12 See Applications of Viking Dispatch Services, Inc. for Up to Twenty (20) 900 MHz Private Land Mobile 
Service Channels at Various Locations, Order, 11 FCC Red 6685 (1996). 
13 See Request for Grant of Application (March 5, 1998). 
14 See Request for Stay (July 8, 1996). 
15 See 47 C.F.R § l.l 15(a). 
16 See 47 C.F.R § l.l 15(hXi) and (ii). 
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Federal Communications Commission DA98-1100 
licenses that are subject to an ongoing proceeding to an unrelated third party until resolution of the 
proceeding. Finally, coordinators, licensees, applicants, and the general public should be able to rely upon 
the same source of infonnation regarding the availability of frequencies - the Commission's database. To 
this end, coordinators must rely on the update of the Commission's database for notification that a specific 
:frequency is available for coordination. Herein, MGM has applied for frequencies that are currently 
associated with an ongoing Commission proceeding. These frequencies will not be available, nor will the 
Commission's database reflect such availability, lllltil resolution of the pending case. 17 As a result, MGMs 
application can not receive the necessary :frequency coordination until resolution of the pending Viking 
matter. Applications not filed in accordance with the Commission's Rules will be considered defective 
and may be dismissed 1lllless accompanied by a request for waiver of the applicable rule. 18 We find that 
MGMs application is not in compliance with 4 7 C.F.R § 90.175( e) (nor can it come into compliance prior 
to resolution of the pending Vtlcing proceeding) and is not accompanied by a request for waiver. 
Therefore, we conclude that MGMs application is defective and is hereby dismissed. 
5. Accordingly, IT IS ORDERED, that, pmsuant to Section 4(i) of the Commllllications Act of 
1934, as amended, 47 U.S.C. § 154(i), and the authority delegated by Section 0.331 of the Commission's 
rules, 47 C.F.R § 0.331, and pmsuant to Section 90.139(c) of the Commission's Rules, 47 C.F.R § 
90.139(c), the application of MGM Grand Hotel, Inc. IS DISMISSED WITHOUT PREJUDICE. 
C01v1MUNICA110 S COMMISSION 
~Y-
Terry 
Chief, Public Safety and Private Wi ess Division 
Wireless Telecommllllications Bureau 
17 See generally Central Radio Communications Corporation, 11 FCC Red 17,110 (1996) (frequencies 
encumbered by an expired license do not become available for further assignment until the database is purged); see 
also Amendment of Parts 1 and 90 of the Commission's Rules Concerning the Construction, Licensing, and Operation 
of Private Land Mobile Radio Stations, Report and Order, 6 FCC Red 7297 (1991) (to permit coordinators to 
entertain applications for frequencies before they become unencumbered wotild be unfair to applicants who await 
changes in the database before submitting applications). 
18 See 47 C.F.R § 90.139(c); see generally Amendment .of Parts 1 and 90 of the Commission's Rules 
Concerning the Construction, Licensing, and Operation of Private Land Mobile Radio Stations, Memorandwn Opinion 
and Order, 8 FCC Red 6690 (1993) (Commission will deny application seeking a channel that is not available on 
our database at the time the application is received). 
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