******************************************************** 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 re Application of ) ) ANSWER FORT SMITH, INC. ) File No. A008873 ) For Authority to Construct ) and Operate a 152.480 MHz ) Commercial Mobile Radio ) Service Station to serve ) West Virginia, Kentucky, ) and Ohio ) ORDER Adopted: June 9, 1999 Released: June 9, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On November 12, 1997, the above-referenced application filed by Answer Fort Smith, Inc. (AFS) for authority to construct and operate a 152.480 MHz Commercial Mobile Radio Service (CMRS) station to serve West Virginia, Kentucky, and Ohio was accepted for filing. On November 26, 1997, RAM Technologies, Inc. (RAM), the licensee of CMRS facilities operating on the 152.480 MHz frequency at various locations throughout the states of Kentucky, West Virginia, and Ohio, filed a Petition to Deny (Petition) the application of AFS on the ground that the grant of the application would cause harmful interference to RAM's facilities. On December 4, 1997, AFS requested a voluntary dismissal of the above referenced application. We therefore dismiss the above referenced application without prejudice, and dismiss RAM's Petition as moot. 2. ACCORDINGLY, IT IS ORDERED that 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, the application filed by Answer Fort Smith, Inc., For Authority to Construct and Operate a 152.480 MHz Commercial Mobile Radio Service Station to Serve West Virginia, Kentucky, and Ohio (File No. A008873) IS DISMISSED. 3. IT IS FURTHER ORDERED that pursuant to section 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309(d), the Petition to Deny, filed by RAM Technologies, Inc., on November 26, 1997, IS DISMISSED as moot. Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau