*Pages 1--2 from Microsoft Word - 16076* Federal Communications Commission DA 00- 460 Before the Federal Communications Commission Washington, D. C. 20554 In re Application of ) ) SUNSHINE CELLULAR ) ) ) For Modification of Domestic Public Cellular ) Radio Telecommunications Service Station ) File No. 06087- CL- MP- 92 KNKN- 719 to modify Cell Site 7 near ) Pine Grove, Pennsylvania, in the ) Pennsylvania 8 - Union RSA, ) Market No. 619A ) ORDER Adopted: February 29, 2000 Released: March 1, 2000 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we dismiss as moot the Petition to Dismiss or Deny (Joint Petition) the above-captioned application of Sunshine Cellular (Sunshine), filed jointly on July 6, 1992, by Pennsylvania Cellular Telephone Corp. (" P- Corp") 1 and Harrisburg Cellular Telephone Company (“ Harrisburg”), 2 both of which were subsidiaries of Vanguard Cellular Systems, Inc. (Vanguard Cellular). As discussed below, the Joint Petition is rendered moot by the Commission’s approval of certain requests for assignment of licenses and transfer of control of the parties involved in this matter. 2. On December 5, 1994, the Commission granted the assignment of Sunshine’s station under call sign KNKN- 719 to P- Corp. 3 On November 29, 1996, the Commission granted the pro forma assignment of Harrisburg’s call sign KNKN- 339 to P- Corp. 4 Further, on March 11, 1999, the Commission granted an application for transfer of control from Vanguard Cellular to Winston, Inc. (" Winston"), a subsidiary of AT& T Corp (AT& T). 5 Because call sign KNKN- 719 is now licensed to P- Corp and the joint Petitioner, 1 P- Corp was the A Block cellular licensee for the Reading, PA MSA under call sign KNKA- 780. 2 Harrisburg was the A Block cellular licensee for the Harrisburg, PA MSA under call sign KNKA- 339. 3 See Public Notice, Report No. CL- 95- 21 (rel. December 5, 1994). 4 See Public Notice, Report No. LB- 97- 08 (rel. November 29, 1996) (granting File No. 00713- CL- AL- 97). 5 See In re Applications of Vanguard Cellular Systems, Inc., Transferor, and Winston, Inc., Transferee, Memorandum Opinion and Order, 14 FCC Rcd 3844 (rel. March 11, 1999). The parties consummated the transfer of control on May 3, 1999. See Public Notice, Report No. 292 (rel. Aug. 11, 1999). 1 Federal Communications Commission DA 00- 460 2 Harrisburg, has also assigned its authorization to P- Corp, there is no remaining dispute between the parties concerning the above- captioned application and the Joint Petition is dismissed as moot. The current licensee of call sign KNKN- 719, P- Corp (through its controlling entity, AT& T), has requested that File No. 06087- CL- MP- 92 be withdrawn. 6 Because there is no dispute between the parties, we grant P- Corp’s request to withdraw FCC File No. 06087- CL- MP- 92. 3. Accordingly, IT IS ORDERED that, pursuant to Section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and Sections 0.331 and 1.939( g) of the Commission's rules, 47 C. F. R. §§ 0.331 and 1.939( g), the Petition to Dismiss or Deny, filed on July 6, 1992, by Pennsylvania Cellular Telephone Corp. and Harrisburg Cellular Telephone Company is hereby DISMISSED as moot. 4. IT IS FURTHER ORDERED that, pursuant to Section 4( i) of the Communications Act of 1934, as amended, 47 U. S. C. § 154( i), and Section 0.331 of the Commission's rules, 47 C. F. R. § 0.331, the Request to Withdraw File No. 06087- CL- MP- 92, filed on February 29, 2000 by Pennsylvania Cellular Telephone Corp. is hereby GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 6 See Letter from Shirley Sutton, AT& T, to Paul D’Ari, Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, dated February 29, 2000. Because we are granting P- Corp’s request for withdrawal, we will delete File No. 06087- CL- MP- 92 from the Commission’s pending database. 2