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 Federal  Communications  Commission  DA  02-  3148 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Nextel  Communications,  Inc. 
 Request  for  Reinstatement  of  License  and  Renewal  and 
 Modification  Applications  Call  Sign  WNHV468 


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 File  Nos.  0000716009  0000812223 


 ORDER  Adopted:  November  13,  2002  Released:  November  14,  2002 
 By  the  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  On  April  22,  2002,  Nextel  Communications,  Inc.  (Nextel)  filed  a  petition  for  reinstatement  (Petition)  of  the  above-  captioned  license  for  station  WNHV468.  For  the  reasons  discussed  below,  we 
 dismiss  the  Petition  at  moot. 
 2.  On  August  21,  2001,  Fred  Hills  Materials,  Inc.  (FHMI)  filed  an  application  for  consent  to  assign  the  license  for  station  WNHV468  to  Nextel  (Assignment  Application).  1  While  the  assignment 


 application  was  pending,  on  December  26,  2001,  FHMI  filed  a  timely  application  to  renew  the  license  for  station  WNHV468  (Renewal  Application).  2  FHMI  and  Nextel  completed  the  assignment  transaction  on 
 January  25,  2002,  and  Nextel  filed  a  notification  of  consummation  of  the  assignment  on  February  1,  2002.  3  The  Commercial  Wireless  Division’s  Licensing  and  Technical  Analysis  Branch  (Branch) 
 approved  the  consummation  on  February  2,  2002.  Apparently  unaware  of  the  assignment  to  Nextel,  the  Branch  erroneously  dismissed  the  Renewal  Application  on  February  13,  2002,  because  FHMI  was  no 
 longer  associated  as  the  licensee  with  the  station. 
 3.  On  March  15,  2002,  Nextel  filed  a  modification  application  to  convert  station  WNHV468  from  private  to  commercial  operations  (Modification  Application).  4  Because  FHMI’s  Renewal 


 Application  had  been  dismissed,  Commission  records  indicated  that  the  station  had  expired  on  January  13,  2002,  and  the  Branch  dismissed  the  Modification  Application  on  March  19,  2002. 


 4.  Subsequently,  the  Branch  became  aware  of  the  errors  and,  on  its  own  motion,  reversed  the  dismissals  of  the  Renewal  and  Modification  Applications  on  April  16,  2002,  and  April  17,  2002, 
 respectively,  and  returned  each  application  to  pending  status.  The  Branch  renewed  the  license  for  station  WNHV468  on  April  16,  2002  because  it  was  timely  filed  and  granted  the  Modification  Application  on 
 May  24,  2002.  We  therefore  dismiss  Nextel’s  Petition  as  moot. 


 1  File  No.  0000566947. 
 2  The  license  expiration  date  for  station  WNHV468  was  January  13,  2002. 
 3  File  No.  0000756320.  See  47  C.  F.  R.  §  1.948(  d)  (requiring  all  Wireless  Radio  Services  licensees  to  notify  the 
 Commission  of  consummation  of  an  approved  transfer  or  assignment).  4 
 File  No.  0000812223. 
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 Federal  Communications  Commission  DA  02-  3148 
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 5.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  section  4(  i)  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  303(  r),  and  section  0.331  of  the 
 Commission’s  rules,  47  C.  F.  R.  §  0.331,  the  petition  for  reinstatement  filed  by  Nextel  Communications,  Inc.  on  April  22,  2002,  IS  DISMISSED  as  moot. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Paul  D’Ari  Chief,  Policy  &  Rules  Branch 
 Commercial  Wireless  Division  Wireless  Telecommunications  Bureau 
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