*Pages 1--3 from Microsoft Word - 43357.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 DA 04- 3060 Released: September 24, 2004 WIRELESS TELECOMMUNICATIONS BUREAU’S BROADBAND DIVISION DISMISSES PLEADINGS RELATED TO DISMISSED MDS AND ITFS APPLICATIONS On July 29, 2004, the Commission released a Report and Order and Further Notice of Proposed Rule Making that fundamentally restructured the band to provide Multipoint Distribution Service (MDS) (renamed the Broadband Radio Service (BRS)) and Instructional Television Fixed Service (ITFS) renamed the Educational Broadband Service (EBS)) licensees with greater flexibility, and took numerous steps to promote competition, innovation, and investment in wireless broadband services and educational services. 1 Among other actions, the Commission directed the Wireless Telecommunications Bureau to dismiss all pending applications to modify MDS or ITFS stations (including booster and hub stations), except for modification applications that could change an applicant’s protected service area (PSA), or applications for facilities that require separate application under the rules adopted in the MDS/ ITFS R& O & FNPRM. 2 The Commission took this action because it was instituting geographic area licensing for BRS and EBS licensees and such applications will generally be unnecessary. 3 Based upon a review of our records, we have determined that the pleadings or legal matters listed in the Appendix relate to applications that have been dismissed pursuant to the Commission’s directive or seek reinstatement of applications that will no longer be needed under the new BRS/ EBS rules. Accordingly, we will dismiss those pleadings Accordingly IT IS ORDERED that pursuant to Sections 4( i), 309, and 405 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 309, 405, and Sections 1.106 of the Commission’s Rules, 47 C. F. R. §§ 1.106, the pleadings listed in the Appendix to this Public Notice, and all responsive pleadings, ARE DISMISSED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission’s Rules, 47 C. F. R. §§ 0. 131, 0.331. Action by the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau 1 Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150- 2162 and 2500- 2690 MHz Bands, et al.; WT Docket Nos. 03- 66, et al., Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (MDS/ ITFS R& O & FNPRM). 2 Id., 19 FCC Rcd at 14191 ¶ 58. 3 Id. 1 - FCC - 2 APPENDIX – DISMISSED PLEADINGS Petitioner Type of Pleading Applicant (If not Petitioner) File Number Call Sign (if applicable) Date Pleading Filed North American Catholic Educational Programming Foundation, Inc. Petition to deny Clark County School District 20000818DLB WNC851 4/ 2/ 2001 Allan Leeds Petition for reconsideration 20000818BTQ KNSC404 3/ 15/ 2002 DCT Los Angeles, LLC Petition to deny Southern Wireless Video, Inc. 9950144 WPW94 2/ 19/ 1999 Duval County School Board Waiver Request 20031028AAB WLX922 3/ 31/ 2003 American Telecasting, Inc. Petition to deny Centimeter Wave Television, Inc. 20030604AAA 8/ 18/ 2003 California Human Development Corp. Petition to deny Butte County Office of Education 20030529AAB WND221 8/ 5/ 2003 School Board of Broward County Informal Objection Miami- Dade County 20030523AAC WEF376 7/ 31/ 2003 AIG Radio Holding Company, Inc. Informal Objection Grand Wireless Company 20030922AAE 12/ 30/ 200 3 3