******************************************************** 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 the Licenses of) ) HYBRID PATH COMMUNICATIONS, LLC ) ) for Station WEE663, Humbolt, Nebraska ) and Station WBH481, Ashland, Nebraska ) ORDER OF MODIFICATION Adopted: September 17, 1999 Released: September 17, 1999 By Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. On September 18, 1998, the Licensing and Technical Analysis Branch incorrectly granted applications to modify the licenses for Station WEE663, Humbolt, Nebraska and Station WBH481, Ashland, Nebraska. The modification applications, which sought to delete a 2 GHz frequency from each of the licenses at issue, were filed on July 20, 1998, by the Omaha Public Power District (OPPD). The station licenses, however, had previously been assigned in their entirety by OPPD to Hybrid Path Communications, LLC (Hybrid Path) on April 1, 1998. Consequently, OPPD had no standing to request modification of the licenses and the modification applications should not have been granted. Pursuant to Section 316 of the Communications Act, as amended, we are notifying Hybrid Path and OPPD, that, upon the effective date set forth in Paragraph 3 below, we will modify the licenses to restore the paths incorrectly deleted. 2. In accordance with Section 1.87(a) of the Commission's Rules, this Order of Modification, will not become final until the licensee has received notice of our action and an opportunity to protest the modification. Accordingly, the licensee, Hybrid Path, and any other interested licensee or permittee has thirty days from the release date of this Order to protest the proposed license modification. To protest the modification, an interested party must, within thirty days of the release of this Order, submit a written statement with sufficient evidence to show that the modification would not be in the public interest. The protest must be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, S.W., Room TW-A325, Washington, D.C. 20554. If no protest is timely filed, the right to file a protest will be deemed waived and the licensee will be deemed to have consented to the modification. 3. IT IS ORDERED, pursuant to Sections 4(i) and 316 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 316, and Section 1.87 of the Commission's Rules, 47 C.F.R.  1.87, that the Order of Modification shall become effective on October 18, 1999 if no party protests the Order of Modification. 4. IT IS FURTHER ORDERED pursuant to Section 4(i) Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Section 1.87(i) of the Commission's Rules, 47 C.F.R.  1.87(i) that the Order of Modification shall be served by certified mail, return receipt requested upon Hybrid Path Communications, LLC. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau