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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)2 KKK>K "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>\>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\nBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\nBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"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""\4  pG;7jC:,ynXj\  P6G;XP7nC:, II. BACKGROUND ă  "+2. To encourage the rapid and efficient expansion of cellular service, the Commission adopted  xtregulations in 1987, which permitted initial licensees to offer service to unserved areas in their markets  xxwithout competition for five years after the grant of the first construction permit on each frequency block  SB' xin each MSA or Rural Service Area ("RSA").B]" {O ' " ԍSee Amendment of Commission's Rules for Rural Cellular Service, 2 FCC Rcd. 2306, 230809 (1987); 47 C.F.R.  22.31(a)(1)(i)(1987). Under this policy, the Commission does not permit third  x@parties to file applications for authorizations to serve unserved areas until the initial licensee's fiveyear  xbuildout period has expired. After the five year period has expired, parties seeking to serve any unserved  xareas remaining in a market may file Phase I applications on the 31st day after the expiration of the five  S!' xyear period.!"]" {Od&'ԍSee 47 C.F.R.  22.31 which has been recodified as 47 C.F.R.  22.949(a)(1)(4) (1995). A party whose Phase I application is granted may file for one major modification of its"!,N(N(ZZ "  S'license no later than 90 days after the grant of its Phase I initial application.M]" yOh'ԍ47 C.F.R.  22.949(a)(3).M  S'   "3. Caminito was selected as the Phase I unserved area licensee on Channel Block B in the  xIBakersfield MSA on May 15, 1995. On August 10, 1995, Caminito filed its application for a major  x&modification of its license. Specifically, Caminito seeks to relocate its original cell site and to add five  xgnew cells in its unserved area. Fresno is the original Channel Block B licensee in the Bakersfield MSA.  xOn October 2, 1995, Fresno filed a petition to deny Caminito's application. Caminito filed an opposition on October 31, 1995, and Fresno filed a reply on November 13, 1995. .  "4. Fresno alleges in its petition that Caminito's application is technically deficient because the  xcontour of one of Caminito's proposed cells extends into an unserved area in an adjacent cellular market  SH ' xand into Fresno's Cellular Geographic Service Area ("CGSA").[H X]" yO@ 'ԍFresno Petition to Deny at 3 ("Petition").[ Specifically, Fresno alleges that the  xVcontour of one of Caminito's proposed cells extends 6.75 square miles into Fresno's CGSA, which  S ' xconstitutes 6.3% of the total contour of the proposed cell.F ]" {O'ԍId. at 2.F This extension would, according to Fresno,  S ' xIviolate Section 22.911(d)(2)(i) of the Commission's rules,P z]" yO'ԍ47 C.F.R.  22.911(d)(2)(i).P which prohibits a cellular licensee from  x^beginning to operate its sites in such a manner as to overlap the contours of the existing CGSA of another  S ' xtsystem without the other licensee's consent.L ]" {O*'ԍPetition at 3. L Fresno also claims that one of Caminito's proposed cells  SX' xwould extend into Visalia MSA.IX]" {O'ԍId. at 4.` ` I Because the Visalia MSA was in Phase I when Caminito filed its  x@application and another licensee had received Commission authorization to construct its system in that  xMSA, Fresno alleges that Caminito could not request authorization to serve any unserved area in the  S' xVisalia MSA.B . ]" {O'ԍId. at 45.B Fresno states that its engineering methodology used to determine cochannel interference  xis state of the art and reliably predicts contours using the Commission's required formula for calculating  S' xservice area boundaries.g  ]" {O'ԍId. at 23. See 47 C.F.R.  22.911(a).g Caminito responds that its proposed contours conform to the Commission's  xrules and counters Fresno's allegations with an affidavit from its own engineering consultant stating that  S@' xkits proposed contours fully comply with Section 22.911(d)(2)(i) of the Commission's rules.h @R ]" yO2#'ԍOpposition at 12 and Affidavit of Richard L. Vega, Sr.h In its reply,  xFresno invites the Commission to make its own calculations and claims that the controversy will be  S' x*resolved in Fresno's favor.] ]" yOr&'ԍFresno's Reply to Opposition at 2 ("Reply").] Fresno also alleges that Caminito's application fails to disclose the real party"r ,N(N(ZZ"  S'in interest to its application,L ]" {Oh'ԍId. at 5.L as required by Section 22.108 of the Commission's rules.HZ]" yO'ԍ47 C.F.R.  22.108. H  S'F III. DISCUSSION ă   "5. We dismiss Fresno's allegation that the contour of one of Caminito's proposed cells  S8' ximpremissibly intrudes into an unserved area in an adjacent marketA8]" yO 'ԍPetition at 34.A because Fresno lacks standing as a  x"party in interest." Section 309(d)(1) of the Communications Act of 1934, as amended, and Section  S' x@22.130(a)(3) of the Commission's rulesgz]" yO 'ԍ47 U.S.C.  309(d)(1); 47 C.F.R.  22.130(a)(3).g require that a petitioner filing a petition to deny a major filing  S' xmust be able to demonstrate that it has standing.a& ]" {Oj' " ԍSee BellSouth Mobility, Inc., 3 FCC Rcd. 6902, 6903  10 (1988); see also Petition for Rulemaking to  x< Establish Standards for Determining the Standing of a Party to Petition to Deny a Broadcast Application,  {O' x Memorandum Opinion and Order, 82 F.C.C.2d 89, 9596  19 (1980) (hereinafter NAB MO&O). In addition, the  {O'petitioner must show that grant of the application would be prima facie inconsistent with the public interest. Id. a A petitioner must establish that it has suffered a legal  xwrong or has been adversely affected or "aggrieved by agency action" or show "injury in fact" resulting  Sp' xfrom the challenged action.^p ]" {O' " ԍAir Courier Conference of America v. American Postal Workers Union, AFLCIO, 498 U.S. 517, 523  {O' x (1991)(Air Courier);  Allen v. Wright, 468 U.S. 737, 751 (1984); Barlow v. Collins, 397 U.S. 159, 164 (1970); NAB  {O'MO&O, 82 F.C.C.2d at 9596  19; see also Administrative Procedure Act, 5 U.S.C.  702. Second, the petitioner must show that its interests are "within the zone of  SH ' xinterests to be protected" or regulated.H ]" {O' "_ ԍAir Courier, 498 U.S. at 523; Assoc. of Data Processing Services, 397 U.S. at 153; Barlow, 397 U.S. at  {O' xD 164; NAB MO&O, 82 F.C.C.2d at 96  19 n.50. The zone of interest test denies a right of review if the petitioner's  x  interests are so marginally related to or inconsistent with the purposes expressed or implicit in the statute or  x regulation that it cannot reasonably be assumed that Congress or the Commission intended to permit the cause of  {O*'action. Clark v. Securities Industry Ass'n., 479 U.S. 388, 399 (1987).  Fresno makes no allegation that it will suffer any injury as a  xresult of the alleged incursion into the adjacent market. Therefore, we find that Fresno lacks standing to  x*object to cell sites that may extend into the adjacent market. Accordingly, we dismiss Fresno's allegation  S 'that one of Caminito's cell sites extends into an adjacent market. ]" yOD ' " ԍBlasdell Cellular Partners ("Blasdell") is licensed to offer service over Channel block B in that particular market. We do not have a petition to deny from Blasdell before us.  S ' ă  S ' "/ 6. Fresno also alleges that a contour of one of Caminito's cell sites extends into Fresno's CGSA.? ,]" yOL$'ԍPetition at 2.?  x The Licensing and Technical Analysis Branch conducted an interference study using the coordinates,  xEffective Radiated Power (ERP), and Height Above Average Terrain (HAAT) data submitted by both  S'parties. The results of this study reveal that the proposed cell sites will not, in fact, intrude into Fresno's ",N(N(ZZ"Ԍ xԙCGSA. We therefore reject Fresno's allegation that Caminito's proposed cell site will cause interference in its CGSA.  "E7. Finally, we find that Caminito has complied with Section 22.108 of the Commission's rules,  xx47 C.F.R.  22.108, which requires applications for authorization, assignment of authorization, or consent  xtto transfer of control to disclose fully the real party in interest to the application. Here, Caminito seeks  xa modification of its authorized unserved area cellular system, and its application must comply with the  S' xQrequirements of Section 22.953(b)]" yOP' " ԍ47 C.F.R.  22.953(b). That section provides that: "Applications for changes to existing systems need only  x| contain the form required by paragraph (a)(4) of this section and the exhibits required by paragraphs (a)(5)(i) through  x (a)(5)(iii) of this section." Paragraph (a)(4) requires the same information required for all cellular applications on  x FCC Form 401. Paragraph (a)(5)(i) requires the preparation of a fullsize map. Paragraph (a)(5)(ii) requires a  x^ reduced map. Paragraph (a)(5)(iii) requires an engineering exhibit to show how the applicant calculated its CGSA and service area boundary.  and not Section 22.108. Because Section 22.953(b) does not require  xthe ownership information, we find that Caminito's application is not deficient. Having resolved Fresno's  xobjections to Caminito's application for major modification of its unserved area cellular system, we find that the public interest, convenience and necessity will be served by a grant of the application.  S 'Y' IV. ORDERING CLAUSES ă  "48. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 309(a), and 309(d) of the  xCommunications Act of 1934, as amended, 47 U.S.C.  154(i) and 309(d), and Sections 0.331, 22.130  x^and 22.949 of the Commission's rules, 47 C.F.R.  0.331, 22.130, and 22.949, the Petition to Deny filed by Fresno MSA Limited Partnership on October 2, 1995, IS DENIED.  "9. IT IS FURTHER ORDERED that pursuant to Sections 4(i), 309(a), and 309(d) of the  xCommunications Act of 1934, as amended, 47 U.S.C.  154(i), 309(a), and 309(d), and Sections 0.331  xand 22.949 of the Commission's rules, 47 C.F.R.  0.331 and 22.949, the application filed by Caminito  xCellular Partnership on August 10, 1995, for a major modification to its authorization for Station KNKR222 IS GRANTED.  ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCPaul D'Ari ` `  hhCChief, Policy and Rules Branch ` `  hhCCommercial Wireless Division ` `  hhCWireless Telecommunications Bureau