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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

                                 
In the Matter of Application of             )
                                  )
BACHOW COMMUNICATIONS, INC.       )     FCC File No. 9409320
                                  )
to Provide 39 GHz Point-to-Point Microwave       )
Service in New York City, NY           )


                             ORDER


Adopted: July 14, 1999                  Released:  July 15, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

     1.  This Order addresses the above-referenced application filed by Bachow Communications, Inc.
(Bachow) to operate on the 38.6-40.0 GHz frequency band (39 GHz band) in New York City, New York
(Bachow Application) and a petition to deny (Petition) filed by Avant-Garde Communications, Inc. (Avant-
Garde) against the Bachow Application.  For the reasons set forth below, we grant the Petition and the Bachow
Application is denied.

     2.  By way of background, on September 16, 1993, we granted Avant-Garde a  temporary fixed
authorization to operate a 39 GHz station in New York City.  On May 13, 1994, Avant-Garde was granted
a permanent license for the same operations under call sign WMN337.

     3.  On August 26, 1994, more than three months after Avant-Garde was granted a license to operate
Station WMN337, Bachow submitted the Bachow Application seeking an authorization to operate several
channel pairs in New York City.  On October 18, 1994, Bachow amended its application to seek only one
channel pair, namely Channel 12A/12B.  On January 18, 1995, we issued a Public Notice indicating the
acceptance of the Bachow Application for filing.  

     4.  On February 17, 1995, Avant-Garde filed its Petition alleging that Bachow's application contained
a frequency conflict with Station WMN337.  In its Opposition to the Petition, filed March 2, 1995, Bachow
asserted that Station WMN337 was merely licensed on a temporary basis, and that the temporary license
should not "forever preclude" issuance of a permanent license for such facilities. 

     5.  Based on the record in this proceeding, we conclude that the Bachow Application is not grantable. 
In this connection, we note that Avant-Garde was granted a permanent license for Station WMN33 on May
13, 1994.  Moreover, our engineering analysis of the subject application indicates that Bachow's application,
as amended, creates a frequency overlap with the channels already licensed to Avant-Garde.  Under the
Commission's Rules, where a 39 GHz licensee is granted a frequency on which to operate, a new license will
not be granted that would interfere with the licensee's operations.  Based on our engineering analysis we
believe that grant of the Bachow Application would interfere with Avant-Garde's licensed operations. 
Significantly, no evidence to the contrary is contained in the record of this proceeding.  Thus, the Petition is
granted and the Bachow Application is dismissed.

     6.  Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 309 of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), 309 and Section 21.100(a) of the Commission's Rules, 47 C.F.R. 
21.100(a)(1995), that the petition to deny filed on February 17, 1995, by Avant-Garde Communications, Inc.
IS GRANTED. 

     7.  IT IS FURTHER ORDERED pursuant to Sections 4(i) and 309 of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), 309 and Section 21.31 of the Commission's Rules, 47 C.F.R.  21.31
(1995),  that the Bachow Communications, Inc. application (FCC File No. 9409320) IS DISMISSED.

     8.  This action is taken under to delegated authority pursuant to Sections 0.131(a) and 0.331 of the
Commission's rules, 47 C.F.R.  0.131(a), 0.331.

                         FEDERAL COMMUNICATIONS COMMUNICATION



                         D'wana R. Terry 
                         Chief, Public Safety and Private Wireless Division
                         Wireless Telecommunications Bureau