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 Federal  Communications  Commission  DA  02-  3209 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  re  Application  of 
 McElroy  Electronics  Corporation 
 For  Authorization  to  Construct  And  Operate  a  Cellular  Station  in 
 Market  No.  555,  New  Mexico  RSA  3 


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 File  No.  0000913369 


 ORDER  Adopted:  November  19,  2002  Released:  November  20,  2002 
 By  the  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  On  June  10,  2002,  McElroy  Electronics  Corporation  (McElroy)  filed  the  above-  captioned  application  seeking  authorization  to  provide  cellular  service  in  the  New  Mexico  -  3  Rural  Service  Area.  The 
 application  appeared  on  public  notice  as  accepted  for  filing  on  June  12,  2002.  1  On  July  11,  2002,  Smith  Bagley,  Inc.  (SBI)  filed  a  petition  to  deny  the  application  (Petition).  2 


 2.  In  its  Petition,  SBI  contends  that  the  application  is  defective  because  the  proposed  system  will  cause  harmful  interference  to  SBI’s  existing  system.  3  On  July  11,  2002,  McElroy  amended 
 its  application  to  remove  any  potential  interference  to  SBI’s  system.  We  therefore  dismiss  the  SBI  Petition  as  moot. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  sections  4(  i),  303(  r),  and  309(  d)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  303(  r),  309(  d),  and  sections  0.331  and 
 1.939  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.331,  1.939,  the  petition  to  deny  filed  by  Smith  Bagley,  Inc.  on  July  11,  2002,  IS  DISMISSED  as  moot. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Paul  D’Ari  Chief,  Policy  &  Rules  Branch 
 Commercial  Wireless  Division 
 1  Public  Notice,  Report  No.  1201  (June  12,  2002). 
 2  Petition  to  Deny  filed  by  Smith  Bagley,  Inc.  (July  11,  2002). 
 3  Specifically,  SBI  states  that  part  of  the  geographic  area  for  which  McElroy  proposes  to  provide  service  is  already 
 licensed  to  SBI  on  an  exclusive  basis;  operation  at  the  proposed  sites  will  cause  harmful  interference  to  SBI  without  the  consent  of  SBI;  and  McElroy  proposes  to  provide  service  to  an  area  that  is  not  an  unserved  area.  Petition  at  2-  3 


 (citing  47  C.  F.  R.  §§  1.  934(  e)(  2),  22.  911,  and  22.  949,  respectively). 
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 Federal  Communications  Commission  DA  02-  xx 
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 Wireless  Telecommunications  Bureau 
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