*Pages 1--2 from Microsoft Word - 12564.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp fcc gov DA 01- 2554 Released: November 1, 2001 Wireless Telecommunications Bureau Approves Withdrawal of Petition to Deny and Grants Renewals in the CF Radio Service Under the Commission’s previous rules, all common carrier 39 GHz band licensees who were licensed before August 1, 1996 were subject to a fixed license term ending February 1, 2001, regardless of the grant date of their individual licenses. 1 In the 39 GHz R& O, the Commission adopted performance rules that required 39 GHz band licensees to demonstrate substantial service in order to obtain license renewal. 2 The purpose of the substantial service showing is to ensure “that service is being provided to the public.” 3 The Commission stated that one example of a substantial service showing might consist of four links per million population within a 39 GHz band licensee’s service area. 4 On April 4, 2001, TRW Inc. (“ TRW”) petitioned the Wireless Telecommunications Bureau (“ Bureau”) to deny the pending renewal applications for the following nine 39 GHz band licenses: 5 FCC File Number Call Sign Licensee Market 0000349988 WMT695 DCT Communications Tucson, AZ 0000350468 WPJC408 Advanced Radio Telecom Corporation Parkersburg, WV 0000350701 WPJD841 Advanced Radio Telecom Corporation Chico, CA 0000350706 WPJE218 Advanced Radio Telecom Corporation Billlings, MT 0000350827 WPJC409 Advanced Radio Telecom Corporation Steubenville, OH 0000350828 WPJC415 Advanced Radio Telecom Corporation Pueblo, CO 0000350996 WMT779 Advanced Radio Telecom Corporation Tucson, AZ 0000351029 WPJC417 Advanced Radio Telecom Corporation Wheeling, WV 0000351216 WPJE253 Advanced Radio Telecom Corporation Colorado Springs, CO 1 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, 12 FCC Rcd 18600, 18620- 18621 ¶ 36 (1997) (39 GHz R& O). 2 Id. at 12 FCC Rcd 18623 ¶ 41. See 47 C. F. R. § 101.17. 3 39 GHz R& O, 12 FCC Rcd at 18624 ¶ 46. 4 Id. at 12 FCC Rcd 18625 ¶ 46. 5 Petition to Deny, filed by TRW Inc. on April 4, 2001 (“ Petition to Deny”). 1 On May 15, 2001, TRW filed a Motion to Withdraw its Petition to Deny. 6 On October 22, 2001, pursuant to Section 1.935 of the Commission’s Rules 7 , TRW filed a declaration that neither TRW or its principals received or will receive any money or other consideration in exchange for the withdrawal of the Petition to Deny. 8 By this Public Notice, we accept the withdrawal of TRW’s Petition to Deny and dismiss the Petition to Deny pursuant to Section 1.935 of the Commission’s Rules. 9 By this Public Notice, we announce the grant of the following five renewal applications: FCC File Number Call Sign Licensee Market 0000350701 WPJD841 Advanced Radio Telecom Corporation Chico, CA 0000350706 WPJE218 Advanced Radio Telecom Corporation Billlings, MT 0000350827 WPJC409 Advanced Radio Telecom Corporation Steubenville, OH 0000350828 WPJC415 Advanced Radio Telecom Corporation Pueblo, CO 0000351216 WPJE253 Advanced Radio Telecom Corporation Colorado Springs, CO Given the Commission’s suggestion that the existence of four links per million population within a service area might constitute substantial service, we believe that licensees providing at least one link for each 250,000 people located within their service area are operating at the link- to- population ratio suggested by the Commission. With respect to these five applications, Advanced Radio Telecom Corporation has demonstrated that the stations have at least one link for each 250,000 people located within their service area. We therefore conclude that Advanced Radio Telecom Corporation has made a sufficient substantial service showing with respect to these five applications. We grant these applications pursuant to Section 309( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 309( a), and Section 0.331 of the Commission's Rules, 47 C. F. R. § 0.331, because it will serve the public interest, convenience and necessity. The four remaining applications will be addressed in a future item. For further information, the news media should contact Meribeth McCarrick, Wireless Telecommunications Bureau, at (202) 418- 0654. For questions regarding legal matters and licensing issues, contact Roberto Mussenden, Esq., Wireless Telecommunications Bureau, Public Safety and Private Wireless Division, Policy and Rules Branch, at (202) 418- 0680. Action by the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. 6 Motion to Withdraw, filed by TRW Inc. on May 15, 2001. 7 Section 1. 935( a)( 1) of the Commission’s Rules requires that the party withdrawing a petition to deny must certify, via affidavit, that neither the party or its principals has received or will receive any money or other consideration… in exchange for the withdrawal of the petition. See 47 C. F. R. § 1.935( a)( 1). 8 Declaration of Peter Hadinger, Director of Telecom Strategy for TRW Inc., filed by TRW Inc. on October 22, 2001. 9 47 C. F. R. § 1. 935. 2