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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  News  media  information  202/  418-  0500  445  12th  St.  SW  Fax-  On-  Demand  202/  418-  2830  WASHINGTON,  D.  C.  20554  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  01-  177 
 Released:  January  25,  2001 


 WIRELESS  TELECOMMUNICATIONS  BUREAU 
 DISMISSES  PETITIONS  AS  MOOT 


 On  January  20,  2000,  Elliot  Acosta  (Acosta),  former  licensee  of  800  MHz  Specialized  Mobile 
 Radio  (SMR)  Station  WPCM508  in  Oldsmar,  Florida,  filed  a  Petition  to  Deny  and  Petition  for 
 Reconsideration  (Acosta  Petition)  against  applications  filed  by  Nextel  Communications,  Inc.  (Nextel)  to 
 modify  several  800  MHz  SMR  co-  channel  licenses  in  the  same  geographic  area.  On  February  10,  2000, 
 Nextel  filed  a  Petition  for  Reconsideration  (Nextel  Petition  for  Reconsideration)  of  the  January  10,  2000 
 order  by  the  Commercial  Wireless  Division  (Division)  of  the  Wireless  Telecommunications  Bureau 
 granting  Acosta’s  application,  filed  on  March  19,  1999,  to  reinstate  the  license  for  Station  WPCM508.  1 
 Nextel  also  filed,  on  February  7,  2000,  a  Petition  to  Deny  (Nextel  Petition  to  Deny)  Acosta’s  reinstatement 
 application,  which  already  had  been  granted  in  the  Division’s  Reinstatement  Order. 


 On  August  15,  2000,  Acosta  canceled  the  license  for  Station  WPCM508,  and  he  no  longer  has 
 authority  to  operate  an  800  MHz  station  in  the  Oldsmar,  Florida  area.  The  cancellation  of  Acosta’s  license 
 renders  the  Nextel  Petition  for  Reconsideration  moot,  and  it  is  hereby  dismissed  pursuant  to  section  1.  106 
 of  the  Commission’s  rules,  47  C.  F.  R.  §  1.106.  The  grant  of  Acosta’s  reinstatement  application  in  the 
 Division’s  Reinstatement  Order  renders  the  Nextel  Petition  to  Deny  moot,  and  it  is  hereby  dismissed 
 pursuant  to  section  1.939(  g)  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.939.  Because  Acosta  no  longer  has 
 authority  to  operate  an  800  MHz  station  in  the  Tampa,  FL  area,  the  Acosta  Petition  also  is  rendered  moot 
 and  accordingly  is  hereby  dismissed  pursuant  to  sections  1.106  and  1.939(  g)  of  the  Commission’s  rules,  47 
 C.  F.  R.  §§  1.106,  1.939(  g). 


 Action  by  the  Deputy  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless 
 Telecommunications  Bureau. 


 For  further  information,  contact  Don  Johnson,  at  (202)  418-  7240,  Wireless  Telecommunications  Bureau, 
 Commercial  Wireless  Division,  Policy  and  Rules  Branch. 


 1  Elliot  Acosta,  15  FCC  Rcd  727  (CWD  2000)  (Reinstatement  Order). 
1