FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999 Page: 15,288
ix, 15218-15862 p. ; 28 cm.View a full description of this book.
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Wire's first argument moot. No Wire next argues that the freeze on amendments of right should not
be a bar to the Branch's acceptance of its amendments of right "since these amendments do not
conflict with the purpose of new rules and do not undercut the policies they reflect."26 We disagree.
At the outset of the 39 GHz rule making proceeding, the Bureau explained that the applications that
were tendered were not necessarily in conformance with application and technical requirements that
were under consideration for the band.27 Further, we note that this approach is consistent with the
decision and reasoning in the Commission's July 29 MO&O concerning amendments of right.2
6. Consequently, we affirm the Branch's dismissal of the amendments to No Wire's
applications as unacceptable for filing in accordance with the Report and Order and Second NPRM,
and dismiss No Wire's April 9, 1999 Petition for Reconsideration.29 We also dismiss No Wire's April
18, 1997, Columbus amendment for the same reason.30 In addition, we deny Astrolink's request to
withdraw and dismiss, without prejudice, the Microwave and No Wire Columbus, OH applications as
to Channel 9 on the basis of mutual exclusivity, in accordance with the Report and Order and Second
NPRM.31 As noted above, the Microwave Petition is moot. As a result, we dismiss Microwave's
Petition in accordance with Section 1.939(g) of the Commission's Rules.32
7. Accordingly, IT IS ORDERED that pursuant to sections 4(i) and 309 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309 and Section 1.939(g) of the
Commission's Rules, 47 C.F.R. 1.939(g), that the Petition to Dismiss filed by Microwave Partners on
September 29, 1995, as to No Wire L.L.C.'s Austin, Texas application, FCC File No. 9509295, IS
DISMISSED AS MOOT.
8. IT IS FURTHER ORDERED that pursuant to sections 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), the Request to Withdraw Petitions to Dismiss filed by Astrolink
Communications, Inc. on October 15, 1998 IS DENIED.
9. IT IS FURTHER ORDERED that pursuant to sections 4(i) and 405 of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 405 and Section 1.106 of the Commission's Rules, 47
C.F.R. 1.106, the Petition for Reconsideration filed by No Wire L.L.C. on April 9, 1999 as to the
26See id. at 3.
27Freeze Order, 11 FCC Rcd 1156 (1995).
28See July 29 MO&O, FCC 99-179, 29-38.
29Report and Order and Second NPRM, 12 FCC Red 18600, 18641 (1997).
30In addition, we affirm the Branch's dismissal of No Wire's September 23, 1998 amendment to the Columbia,
SC application, FCC File No. 9509297, because it was filed after the December 15, 1995 deadline for filing
amendments of right as set forth in the NPRM and Order, 11 FCC Rcd 4930, 1989 (1995). Those late-filed
amendments of right were subsequently dismissed in the Jan. 17 MO&O, 12 FCC Red 2910, 2918 (1997) and the
dismissal was affirmed in the July 29 MO&O, FCC 99-179, 29-38.
31See id. at 18641.
3247 C.F.R. 1.939(g) provides that the Commission may dismiss any petition if the issues raised within the
petition become moot.15288
Federal Communications Commission
DA 99-1831
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United States. Federal Communications Commission. FCC Record, Volume 14, No. 28, Pages 15218 to 15862, September 7 - September 17, 1999, book, September 1999; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc2929/m1/86/: accessed May 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.