*Pages 1--2 from  Microsoft Word - 797.doc*
 Federal  Communications  Commission  DA  00-  789 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 NO  WIRE,  L.  L.  C. 
 Applications  for  Authority  to  Establish  New  Point-to- 
 Point  Microwave  Facilities  in  the  38.  6-  40.  0 
 GHz  Frequency  Band  at  Sacramento,  CA,  Fort 
 Wayne,  IN,  Columbus,  OH,  San  Jose,  CA,  Tulsa, 
 OK,  and  Fort  Myers,  FL. 


 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 


 FCC  File  Nos.  9508702,  9509046,  9509049, 
 9509301,  9509309,  9704317  (formerly 
 9509048) 


 ORDER  ON  RECONSIDERATION 
 Adopted:  April  6,  2000  Released:  April  10,  2000 
 Before  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  The  Public  Safety  and  Private  Wireless  Division  (Division)  has  before  it  a  consolidated 
 petition  for  reconsideration  (Petition)  filed  by  No  Wire  L.  L.  C.  (No  Wire)  on  October  21,  1999.  No  Wire 
 requests  reconsideration  of  letter  orders  from  the  Licensing  and  Technical  Analysis  Branch  (Branch) 
 dismissing  the  above-  captioned  applications  for  authorization  to  provide  service  in  the  38.  6  to  40.  0  GHz 
 (39  GHz)  band.  1 


 2.  We  have  analyzed  the  Petition  and  find  that  the  Commission  staff  properly  decided  the 
 matters  raised.  The  Petition  is  devoid  of  any  evidence  that  the  Branch’s  actions  were  inconsistent  with 
 Commission  precedent  or  policy.  In  this  regard  we  note  that  the  Commission  established  and  affirmed  a 
 processing  policy  concerning  39  GHz  channels  that  includes  the  dismissal  of  (a)  applications  that  failed  to 
 meet  the  thirty-  day  public  notice  requirement  as  of  November  13,  1995;  (b)  all  new  applications,  major 
 modification  applications  and  amendments  filed  on  or  after  November  13,  1995;  and  (c)  applications  whose 
 mutual  exclusivity  was  not  resolved  by  December  15,  1995  and  amendments  resolving  mutual  exclusivity 
 that  were  filed  on  or  after  December  15,  1995.  2  In  addition,  the  Commission’s  Rules  provide  for  the 
 dismissal  of  mutually  exclusive  applications  and  late-  filed  competing  applications.  3  Our  review  of  the 


 1  The  Branch  letters  were  dated  September  22,  1999,  for  application  numbers  9508702,  9509046,  9509049, 
 9509301,  and  9509309.  The  Branch  letter  was  dated  August  26,  1999,  for  application  number  9704317  (formerly 
 application  number  9509048).  On  October  5,  1999,  the  Branch  sent  a  follow-  up  letter  regarding  application 
 number  9704317,  which  clarified  the  August  26,  1999,  letter. 


 2  See  Amendment  of  the  Commission’s  Rules  Regarding  the  37.0-  38.6  GHz  and  38.6-  40.0  GHz  Bands,  Report  and 


 Order  and  Second  Notice  of  Proposed  Rulemaking,  ET  Docket  No.  95-  183,  12  FCC  Rcd  18600,  18639-  97  ¶¶  83- 
 97  (1997);  aff’d,  Amendment  of  the  Commission’s  Rules  Regarding  the  37.0-  38.6  GHz  and  38.6-  40.0  GHz  Bands, 
 Memorandum  Opinion  and  Order,  14  FCC  Rcd  12428,  12440-  51  ¶¶  19-  44  (1999). 


 3  See  47  C.  F.  R.  §  21.31  (b)(  2)(  i)  (1995);  47  C.  F.  R.  §  101.45(  b)(  2)(  i)  (disposition  of  mutually  exclusive 


 applications).  See  also  47  C.  F.  R.  §  1.934  (dismissal  of  defective  applications). 
1
 Federal  Communications  Commission  DA  00-  789 
 2 
 Petition  and  the  Branch  letters  that  were  the  subject  thereof  indicate  that  the  Branch’s  actions  with  respect 
 to  the  subject  applications  were  consistent  with  and  pursuant  to  the  Commission’s  39  GHz  processing 
 policy.  Therefore,  we  uphold  the  staff  decision  for  the  reasons  stated  therein,  and  find  no  reason  to  disturb 
 it. 


 3.  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),  405,  and  Section  1.106  of  the 
 Commission’s  Rules,  47  C.  F.  R.  §  1.106,  the  consolidated  Petition  for  Reconsideration  filed  by  No  Wire  on 
 October  21,  1999,  IS  DENIED. 


 4.  This  action  is  taken  under  delegated  authority  pursuant  to  Sections  0.131  and  0.331  of  the 
 Commission's  Rules,  47  C.  F.  R.  §§  0.131,  0.331. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 D'wana  R.  Terry  Chief,  Public  Safety  and  Private  Wireless  Division 
 Wireless  Telecommunications  Bureau 
2