WPC6K 2?BJZECourier3|j#Xw PE37}XP#c406c3\lj_hp4si_2033M_600_2HPLAS4SI.PRSx  @\#I^X@ Y-#Xw PE37}XP#2@qf X CourierCG Times",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L<?xxx,x6X@`7X@8wC;,}Xw PE37XP\ @^5q.$h';U7G;A 7Xn-6F[w!/DTck{2lr ZKE'3|jc406c3\lj_hp4si_2033M_600_2HPLAS4SI.PRSXj\  P6G;\#I^XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdTimes New RomanCG TimesTimes New Roman BoldTimes New Roman Italic2a#f KOK!",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""?a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:studied. Specifically, Allen failed to file interference studies for: (1) one 1983 subsequently  X- xauthorized MMDS station;VX yO - x\ԍ WMH577 at Ladd/Streator, Illinois, Application File No. 1454CMP83. Although WMH577 was  x.subsequently forfeited on October 16, 1992, at the time petitioner's application was filed, he was required by 21.902 to include an interference analysis for this station.V and (2) seven 1983 previously proposed MMDS stations which had  X-applications pending on April 25, 1990, the filing date of the La Salle application. yO$- xԍ These include, but are not limited to, Application File Nos. 14782CMP83, for Ladd/Peru, Illinois; 00738CMP83, for Chicago, Illinois; and 10205CMP83 for Peoria, Illinois.   0x7. With respect to petitioner's failure to file required interference analyses, we note that " @,-(-(ZZ"  xzAllen failed to file analyses for authorized and previously proposed stations of which it had  x/received adequate notice. For example, petitioner failed to file an interference study for the  x.pending previously proposed MMDS station, Application File No. 10205CMP83, for Peoria,  xIllinois, which was placed on public notice on April 25, 1986, four years prior to Allen's filing  X- xdate.t\ {O- xiԍ Copies of the Commission's public notices are available to the public at the time of issuance. See 47 C.F.R.  x- 0.422, 0.443. In addition, previously released notices are available for public inspection at the Commission's  {O-Press and News Media Division. Id.t Petitioner does not identify what resources were utilized in his search of MMDS stations  x=and applications. However, had Allen examined publicly available information, he would have  Xv- xjdiscovered the authorized and proposed stations noted in  6, supra.M v yO - xKԍ In addition, our independent engineering review reveals that had Allen studied Application File No. 10205 xCMP83, at Peoria, Illinois, he would have discovered that his proposed station would cause harmful interference with this previously proposed station. M Thus, given petitioner's  xifailure to file interference studies for authorized and previously proposed stations listed on public  xnotice and FCC internal staff listings, we find that Allen failed to comply with Section 21.902(c).  X -   x8. Therefore, since petitioner failed to file required interference studies, we conclude that  xAllen failed to comply with the Section 21.902 interference protection requirements and failed  X - xto demonstrate that he was technically qualified to be an MMDS licensee. 47 C.F.R. 21.900(a).  X - xjSee New Channels Communications, Inc., 57 RR 2d at 1602; see also Amendments of Parts 21,  x74 and 94 of The Commission's Rules and Regulations with regard to Technical Requirements  xApplicable to the Multipoint Distribution Service, the Instructional Television Fixed Service and  X- x<the Private OperationalFixed Microwave Service, 98 FCC 2d 68, 93 (1984) ("An application that  xproposes cochannel or adjacent channel operation and does not contain a showing that the  xproposed operation will not cause harmful interference as described herein will not be accepted for filing."). Thus, Allen's application was properly returned as unacceptable for filing.  X#-  x9. Notice to Affected Parties. In addition to submitting the required interference analyses  xto the Commission, an MMDS applicant must also serve each required interference study upon  xall previously proposed or authorized station applicants, conditional licensees or licensees required  xto be studied, pursuant to 47 C.F.R.  21.902(g) of the Commission's rules. Here, we find that  x=Allen failed to serve applicants, conditional licensees and licensees for stations required to be  X- xstudied, thereby depriving affected parties of notice and an opportunity to be heard. In Edna  X- xCornaggia, 8 FCC Rcd at 5444, the return of a modification application was upheld for failure to comply with 47 C.F.R.  21.902(g):   XxThe Commission makes provision for actual notice and an opportunity to be heard by   parties in interest by requiring at Section 21.902(g) that microwave stations that might be   affected by operation of an MDS station be served a copy of the required interference   0analysis for their station. Cornaggia admittedly failed to properly serve VisionAire with   a copy of the interference analysis . . . . Due to this lack of service, the orderly process",-(-(ZZ"   contemplated in the Commission's rulemaking order, in which Commission staff resolves interference problems after oppositions are filed, was negated.(#  xThus, the La Salle application was also properly returned as unacceptable for filing based on petitioner's failure to comply with the service requirements contained in Section 21.902(g).  X- x "IV. CONCLUSION   x10. In view of all the foregoing considerations, we affirm the staff's return of the  xSTEVEN ERNEST ALLEN application under consideration in this order. Reconsideration is not justified and reinstatement of the application is not warranted.   Ox11. Accordingly, IT IS ORDERED, that the reconsideration petition filed by STEVEN ERNEST ALLEN IS HEREBY DENIED.   x12. IT IS FURTHER ORDERED, that the staff of the Video Services Division shall send  xcopies of the decision to the authorized representative for the petitioner by certified mail, return receipt requested. X` hp x (#%'0*,.8135@8: