Before the Federal Communications Commission Washington, D.C. 20554 In re ) ) ) Emergency petition for ) Declaratory Ruling and ) Request for Cancellation of ) Phase 1 Unserved Area Auction ) for Arizona 2 RSA ) ORDER Adopted: June 4, 1999 Released: June 4, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division: 1. On January 2, 1997, Coconino, Arizona RSA Limited Partnership (Coconino) filed an Emergency Petition for Declaratory Ruling and Request for Cancellation of the Phase I Unserved Area Auction for the Arizona 2 RSA Authorization ("Petition"). In its Petition, Coconino requests that the Commission find that the Meredith P. Spruill/Iota Trust Partnership ("Trust") was ineligible to participate in the Phase I Unserved Area Auction. Coconino alleges that the Trust, along with eight other entities, filed applications for an area that was completely subsumed by Coconino's existing cellular geographic service area (CGSA). According to Coconino, because these applications are fatally defective, they are all subject to dismissal and Coconino's timely filed Form 175 is the only valid application pending for that market. Coconino argued that the filing of only one valid Form 175 for this area justified cancellation of the auction for lack of any mutually exclusive applicants. 2. On January 13, 1997, the Commission held the Phase I Unserved Area Auction for the Arizona 2 RSA authorization. Coconino submitted the winning bid, and the Commission ultimately granted its unserved area application. Because the Trust failed to submit the winning bid, its application was subsequently dismissed. The Commission's dismissal of the Trust's application and the granting of Coconino's application renders Coconino's Petition moot. 3. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Section 0.331 of the Commission's rules, 47 C.F.R.  0.331, that the Petition for Declaratory Ruling and Request for Cancellation of the Phase I Unserved Area Auction for the Arizona 2 RSA Authorization, filed by Coconino Arizona Limited Partnership on January 2, 1997, IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau