******************************************************** 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 ) ) NO WIRE LLC ) File No. 9713583 ) For Consent to Transfer of Control ) of Authorizations and Applications ) ORDER Adopted: August 31, 1999 Released: September 1, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. Background. This Order addresses two Petitions to Deny in Part (Petitions) and two subsequently filed requests to withdraw those petitions (Withdrawal Requests) filed by Astrolink Communications, Inc. (Astrolink) and Columbia Millimeter Communications, Inc. (CMC) (collectively, Petitioners) against the above-referenced application concerning the transfer of control (Transfer Application) of No Wire LLC (No Wire) to WinStar Wireless Fiber Corp. (WinStar). For the reasons set forth below, Petitioners' Petitions and Withdrawal Requests are dismissed. 2. On April 10, 1998, No Wire filed the above-referenced Transfer Application. On June 4, 1998, Petitioners filed their respective Petitions opposing the portion of the Transfer Application pertaining to pending mutually exclusive 39 GHz applications, explaining that the transfer of those applications to a third party should not be permitted. Subsequently, on September 30, 1998, Petitioners filed Withdrawal Requests stating that the parties had eliminated the mutual exclusive situation by amending or withdrawing their applications, thus removing the basis of their objection to No Wire's Transfer Application. 3. Discussion. We believe that a change in ownership will not affect the ultimate disposition of these pending applications. Accordingly, the Petitions are dismissed and the pending mutually exclusive applications at issue will be processed in accordance with the Commission's decisions in the ET Docket No. 95-183 proceeding. 4. 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 1.939 (g) of the Commission's Rules, 47 C.F.R.  1.939 (g), that the Petitions to Deny of Astrolink and CMC filed on June 4, 1998 respectively are hereby DISMISSED. 5. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 310(d) and 1.948 of the Commissions's Rules, 47 C.F.R.  1.948 that the No Wire LLC transfer of control application, FCC File No. 9713583, will be subject to further review and processing by the Division's Licensing and Technical Analysis Branch. 6. This action is taken pursuant to delegated authority under Sections 0.131(a) and 0.331, of the Commission's Rules, 47 C.F.R.  0.131(a) and 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau