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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 re Matter of ) ) U.S. Airwaves, Inc. ) File No. 0000011568, et al. ) ORDER Adopted: September 8, 1999 Released: September 8, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we dismiss U.S. Airwaves, Inc.'s (U.S. Airwaves) informal objection (Objection) against numerous long-form applications (FCC Form 601) filed in connection with Auction 22, the C, D, E and F block broadband PCS license auction that closed on April 15, 1999 (Auction 22). U.S. Airwaves requests that the grant of the subject licenses be conditioned on the outcome of U.S. Airwaves v. FCC. For the reasons set forth below, we dismiss U.S. Airwaves' Objection as moot. 2. U.S. Airwaves participated in the original C block auction, which closed on May 6, 1996, but withdrew after the bids exceeded the maximum prices U.S. Airwaves was willing to pay for the licenses. In U.S. Airwaves v. FCC, U.S. Airwaves seeks judicial review of two Commission decisions regarding the payment obligations of winning bidders in the original C block auction. Specifically, U.S. Airwaves objects to the Commission's suspension of C block licensees' payment obligations and its subsequent decision to alter the terms of payment for C block licenses. On June 23, 1998, the Commission filed a Motion to Hold in Abeyance, which the Court granted on August 20, 1998. In its Objection, U.S. Airwaves argues that if its challenge to the Commission's Orders is successful, the Auction 22 winning bidders may be required to return their licenses to the Commission. 3. In the Wireless Telecommunications Bureau's (Bureau) December 23 Public Notice, the Bureau stated that in situations in which auctioned licenses are involved in a pending proceeding, such licenses will be granted at the close of the auction in order to serve the public interest in prompt implementation of PCS service and that the grant of such licenses will be conditioned on the outcome of pending proceedings. In a February 24 Public Notice, the Bureau advised auction participants that, in formulating their business strategies, they must take into account the risk that a pending proceeding might ultimately displace a winning bidder. Thus, the Bureau has made clear that where licenses are the subject of pending proceedings, such licenses will be granted conditioned on the outcome of the proceedings. Moreover, in the Bidder Information Package for Auction 22, the Commission specifically lists U.S. Airwaves v. FCC as one of a number of pending proceedings that may ultimately affect the availability of spectrum. Therefore, we dismiss U.S. Airwaves' request as moot. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and section 0.331 of the Commission's rules, 47 C.F.R.  0.331, the Informal Objection filed by U.S. Airwaves, Inc., on June 25, 1999, IS HEREBY DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau APPENDIX File No. Applicant 0000011568 Vincent McBride 0000012126 Patel, Chandu 0000012291 Ishihara, Glenn W. 0000012325 Pine Belt PCS, Inc. 0000012341 Adams Telcom, Inc. 0000012377 PinPoint Wireless, Inc. 0000012600 West Enfield Communications, Inc. 0000012679 CFW Communications Company 0000012688 BRK Wireless Company, Inc. 0000012703 IT&E Overseas, Inc. 0000012724 Elkhart Telephone Co., Inc. 0000012725 Redwood Wireless Corporation 0000012726 RTSC Communications, Inc. 0000012728 Comet Wireless Inc. 0000012745 Wireless II, L.L.C. 0000012747 Northeast Communications of Wisconsin, Inc. 0000012881 Highland Cellular, Inc. 0000012882 Eliska Wireless, Inc. 0000012888 Iowa Network Services, Inc. 0000012889 Denton County Electric Cooperative, Inc. 0000012892 New Mexico RSA 6-III Partnership 0000012893 Wireless Communications Venture 0000012894 C.T. Cube, Inc. 0000012897 S & S Communications 0000012900 OPM Auction Co. 0000012901 Entertainment Unlimited, Inc. 0000012902 Pegasus PCS Partners, L.P. 0000012922 CorrComm, LLC 0000012930 Cherokee PCS, Inc. 0000012932 Shenandoah Mobile Company 0000012939 American Wireless, LLC 0000012940 Telepak, Inc. 0000012946 Cross Telephone Company 0000012948 TLA Spectrum, LLC 0000012949 Cook Inlet/VoiceStream PCS, LLC 0000012951 Conestoga Wireless Company, Inc. 0000012953 VMN Consortium 0000012954 ABC Wireless, LLC 0000012955 Alpine PCS, Inc. 0000012956 Viper Wireless, Inc. 0000012957 GW Wireless, Inc. File No. Applicant 0000012960 Zuma PCS, Inc. 0000012961 MCG PCS, Inc. 0000012962 Comcell, Inc. 0000012963 Midwest Wireless Communications, LLC 0000012966 BCN Communications, LLC 0000012967 Pioneer Telephone Association, Inc. 0000012968 Global Telecommunications International, Inc. 0000012969 Personal Communications Services, Inc. 0000012971 ComScape Communications, Inc. 0000012974 Leap Wireless International, Inc. 0000012977 Beta Communications, LLC 0000012978 OPCS Three, LLC 0000012981 Chariton Valley Communications Corporation 0000012984 Westel, L.P. 0000012985 ConnectBid, LLC 0000012988 Chariton Valley Communications Corporation, Inc. 0000012989 Chariton Valley Communications Corporation, Inc.