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 Federal  Communications  Commission  DA  02-  3341 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  re  Application  of 
 Excomm,  LLC 
 For  Authorization  to  Provide  Cellular  Service  in  Market 
 No.  348A,  Colorado  1,  Moffat  RSA 


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 File  No.  0000909270 


 ORDER 
 Adopted:  December  3,  2002  Released:  December  4,  2002 


 By  the  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 


 1.  On  May  31,  2002,  Excomm,  LLC  (Excomm)  filed  the  above-  captioned  application  seeking  authorization  to  provide  cellular  service  in  the  Colorado  1  -  Moffat  Rural  Service  Area.  The  application 
 appeared  on  public  notice  as  accepted  for  filing  on  June  5,  2002,  1  and  was  granted  on  July  26,  2002.  2  On  July  25,  2002,  CommNet  Cellular  License  Holding,  LLC  (CommNet)  filed  an  untimely  petition  to  deny 
 the  application  (Petition)  3  together  with  a  request  for  waiver  of  section  1.939(  a)(  2)  of  the  Commission’s  rules,  4  which  sets  forth  the  filing  deadline  for  petitions  to  deny. 


 2.  On  August  8,  2002,  the  Licensing  and  Technical  Analysis  Branch  of  the  Commercial  Wireless  Division  set  aside  the  July  26,  2002  grant  of  Excomm’s  application  and  dismissed  the 
 application  because  the  service  area  boundary  of  the  proposed  cellular  site  extended  into  CommNet’s  protected  cellular  geographic  service  area.  5  We  therefore  dismiss  the  CommNet  Petition  as  moot. 
 Because  we  are  dismissing  the  Petition  as  moot,  we  do  not  address  CommNet’s  request  for  waiver  of  the  filing  deadline  for  petitions  to  deny. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  sections  4(  i),  303(  r),  and  309(  d)  of  the 
 1  Public  Notice,  Report  No.  1195  (June  5,  2002). 
 2  Public  Notice,  Report  No.  1244  (July  31,  2002). 
 3  Petition  to  Deny  filed  by  CommNet  Cellular  License  Holding,  LLC  (July  25,  2002). 
 4  47  C.  F.  R.  §  1.939(  a)(  2). 
 5  See  Letter  from  Michael  Ferrante,  Chief,  Licensing  and  Technical  Analysis  Branch,  Commercial  Wireless 
 Division,  Wireless  Telecommunications  Bureau,  to  David  J.  Kaufman,  Esq.,  counsel  for  Excomm,  LLC  (August  8,  2002);  Public  Notice,  Report  No.  1257  (August  14,  2002). 
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 Federal  Communications  Commission  DA  02-  3341 
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 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  CommNet 
 Cellular  License  Holding,  LLC  on  July  25,  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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