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


In the Matter of the Application of)    
                                )            
COMMCO, L.L.C.                  )  File No. 9506887
                                )  File No. 9506928)
Petition to Dismiss Applications in the )
Point-to-Point Microwave Radio Service       )
38.6-40.0 GHz Frequency Band in              )
Fargo, North Dakota and Asheville,           ) 
South Carolina                          )      



                             ORDER


Adopted:  July 16, 1999                           Released:  July 16, 1999

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

     1.  Introduction.  On August 18, 1995, Microwave Partners (Microwave) filed a Petition to Dismiss
(Petition) certain applications requesting authorization to operate systems in the 38.6 to 40.0 GHz (39 GHz)
band in Fargo, North Dakota and Asheville, South Carolina, filed by Commco L.L.C (Commco).  This Order
concerns the only outstanding issue, that is, the disposition of competing applications submitted by Microwave
and Commco for Channel 10 in Fargo, North Dakota.  For the following reasons, we dismiss Microwave's
Petition as moot.

     2.  Background and Discussion.  On June 15, 1995, Microwave applied for certain 39 GHz station
authorizations in the Point-to-Point Microwave Services, including Channel 10, in the area of Fargo, North
Dakota.  On July 6, 1995, Commco filed a competing application for Channel 10 in the same area.  On
August 18, 1995, Microwave filed the above-referenced Petition which requested, inter alia, dismissal of  Commco's application as to Channel 10, in Fargo, North Dakota on the basis of mutual exclusivity.  On
August 31, 1995, Commco filed a Consolidated Opposition to Microwave's Petition to Dismiss.  On September
8, 1995, Microwave filed a Reply to Commco's Consolidated Opposition to Dismiss.  On December 8, 1995,
Commco amended its Fargo, North Dakota application to delete Channel 10, thereby resolving the mutual
exclusivity with Microwave's Fargo, North Dakota application.  On September 19, 1997, Microwave's
application for Channel 10 in the Fargo, North Dakota area was granted.  Thus, all outstanding issues of
mutually exclusivity pled by Microwave have been resolved and  further action regarding this matter by the
Commission is no longer necessary.  Therefore, Microwave's Petition is dismissed as moot.

     5.  Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 5(c) of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), 155(c), the Petition to Dismiss filed by Microwave Partners on August
18, 1995 IS DISMISSED.

     6.  This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the
Commission's Rules, 47 C.F.R.  0.131, 0.331.

                                 FEDERAL COMMUNICATIONS COMMISSION
     



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