Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) St. Cloud Cellular, Inc. ) File No. 03339-CL-P2-96 ) Phase 2 Application for Station KNKA808, ) St. Cloud, MN MSA to Provide Service to ) Cellular Unserved Areas in Market Nos. ) 198A, St. Cloud, MN MSA and 486A, ) Minnesota 5 - Wilkin RSA ) ORDER Adopted: June 9, 1999 Released: June 9, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On May 24, 1996, the Commission accepted for filing a Phase II Unserved Area Application (Application) for Market 198A, St. Cloud, Minnesota Metropolitan Statistical Area (MSA) and Market 486A, Minnesota 5 - Wilkin Rural Service Area (RSA), filed by St. Cloud Cellular, Inc. (St. Cloud). On June 24, 1996, Bunyan Cellular Corporation (Bunyan), the licensee of the Minnesota 5 RSA, filed a petition to dismiss or deny the Application, arguing that we should dismiss the Application because St. Cloud proposes a cellular geographic service area (CGSA) that extends into the CGSA of Bunyan's RSA. On July 18, 1996, pursuant to section 22.912(b) of the Commission's rules, the parties submitted a written agreement by which Bunyan consented to the proposed Service Area Boundary extension by St. Cloud into Bunyan's CGSA. 2. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act, as amended, 47 U.S.C.  154(i), 309, and pursuant to sections 0.331, 22.130(c) and 22.912(b) of the Commission's rules, 47 C.F.R.  0.331, 22.130(c), 22.912(b), the Petition to Deny filed by Bunyan Cellular Corporation on June 24, 1996, IS DISMISSED AS MOOT. 3. IT IS FURTHER ORDERED that, pursuant to section 4(i), of the Communications Act, as amended, 47 U.S.C.  154(i), and sections 0.331 and 22.949(b) of the Commission's rules, 47 C.F.R.  0.331, 22.949(b), the Phase II Application filed by St. Cloud Cellular, Inc. on May 13, 1996, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau