******************************************************** 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 the Matter of ) Application of ) ) DANBURY CELLULAR TELEPHONE CO. ) ) File No. 08602-CL-MP-92 For major modification of ) Domestic Public Cellular Radio ) Telecommunications Service ) Station KNKN 940, Kentucky 6- ) Madison Rural Service Area, ) Market No. 448A ) ORDER Adopted: July 21, 1999 Released: July 21, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. We have before us a major modification application for Station KNKN 940 in the Kentucky 6 - Madison Rural Service Area ("RSA"), Market No. 448A ("Kentucky 6 RSA") filed by Danbury Cellular Telephone Co. ("Danbury") and a petition to deny ("Petition") that application filed by Alpha Cellular Telephone Company. ("Alpha"). Alpha is the licensee serving the RSA adjacent to Kentucky 6 RSA. Following the submission of responsive pleadings, the parties entered into settlement negotiations. Those negotiations, however, did not result in a settlement agreement. In any event, Alpha no longer holds any cellular licenses, and Danbury's cellular license for the Kentucky 6 RSA was assigned to Horizon Cellular Telephone Co. of Central Kentucky, L.P. in October, 1993. Furthermore, KY RSA #9-10, which now holds Alpha's cellular license, does not wish to pursue this matter. Therefore, we will dismiss both the Petition and Danbury's modification application as moot. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309(a), and Sections 0.331 and 22.130(c) of the Commission's rules, 47 C.F.R.  0.331 and 22.130(c), the Petition to Deny filed by Alpha Cellular Telephone Company on November 2, 1992, IS DISMISSED AS MOOT. 3. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 308 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 308, and Sections 0.331 and 22.128 of the Commission's rules, 47 C.F.R.  0.331 and 22.128, the major modification application filed by Danbury Cellular Telephone Co. on September 11, 1992, IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau