******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Application of ) ) MACKINAC CELLULAR CORP. ) File No. 06419-CL-MP-94 ) CWD-95-13 for Major Modification of the Facilities of) Station KNKN858 Michigan 2 - Alger RSA) Market 473A ) ORDER Adopted: May 10, 1999 Released: May 10, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On August 15, 1994, Mackinac Cellular Corp. (Mackinac) filed an application for a major modification of the facilities of the cellular radio station on Frequency Block A in the Michigan 2 - Alger Rural Service Area, Market 473A (MI-2 RSA). On October 7, 1994, RFB Cellular, Inc. (RFB), licensee of the adjacent Michigan 4 - Cheboygan RSA (MI-4 RSA), filed comments seeking either clarification or dismissal of the application. On June 2, 1995, the Wireless Telecommunications Bureau granted the assignment of the authorization for MI-2 RSA from Mackinac to RFB. On August 25, 1995, RFB filed a request that Mackinac remove its service area boundary (SAB) extensions from the cellular geographic service area (CGSA) of RFB's MI- 4 RSA cellular system. 2. On March 23, 1998, RFB requested that the Commission allow the withdrawal of RFB's comments and that the Commission dismiss Mackinac's major modification application as moot. RFB maintains that as a result of the June 2, 1995 assignment of MI-2 RSA, RFB is now the licensee of that market. In addition, on September 24, 1998, RFB informed the Commission by letter that, because RFB is the owner of both cellular systems, no action of the Commission is requested. Accordingly, we grant RFB's request to withdraw its comments, dismiss Mackinac's application as moot, and dismiss RFB's August 25, 1995 Request as moot. 3. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C  154(i), and sections 22.128(a) and 0.331 of the Commission's rules, 47 C.F.R.  22.128(a), 0.331, the Application for Major Modification of the Facilities of Station KNKN858, filed by Mackinac Cellular Corp., IS DISMISSED AS MOOT. 4. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C  154(i), and sections 22.128(a) and 0.331 of the Commission's rules, 47 C.F.R.  22.128(a), 0.331, the Request for Order to Remove SAB Extension, filed by RFB Cellular, Inc. on August 25, 1998, IS DISMISSED AS MOOT. 5. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, RFB Cellular, Inc.'s request to withdraw its Comments on Mackinac Cellular Corp.'s Application for Major Modification of the Facilities of Station KNKN858 IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau