******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 re Applications of ) ) Preferred Communication Systems, Inc.) ) For Authorization to Assign Multiple ) SMR Licenses from Various Licensees to ) Preferred Communication Systems, Inc.) ORDER Adopted: December 3, 1999 Released: December 3, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, and the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. In this Order we grant certain assignment applications filed by Preferred Communication Systems, Inc. (Preferred). We further grant the Notice of Withdrawal of Petitions to Deny (Withdrawal Notice) filed on July 8, 1999 by Telecellular, Inc. (Telecellular) and dismiss the Petition to Intervene filed on April 7, 1999 by Dee Ann Wunschel (Wunschel). 2. Preferred filed numerous applications to assign the Specialized Mobile Radio (SMR) licenses listed in Appendix A from various licensees to Preferred. On July 16, 1998, August 28, 1998, December 10, 1998 and February 19, 1999, Telecellular filed Petitions to Deny the assignment applications. On July 8, 1999, Telecellular filed a Withdrawal Notice requesting the withdrawal of its Petitions to Deny. We find that Telecellular has met the requirements for withdrawing a petition to deny set forth in section 1.935 of the Commission's rules, and therefore grant the Withdrawal Notice. 3. On April 7, 1999, Wunschel, a shareholder of Telecellular, filed a Petition to Intervene requesting that the Commission deny the assignment applications. Pursuant to section 309(d)(1) of the Communications Act, as amended, and section 1.939 of the Commission's rules, a party in interest may file a petition to deny any application no later than 30 days after the date of the public notice listing the application as accepted for filing. Wunschel's Petition to Intervene was untimely filed, and she has failed to provide justification for considering her untimely-filed petition. Accordingly, we dismiss the petition. 4. Preferred requests assignment of the licenses listed in Appendix A. Many of these licenses were cancelled pursuant to the Goodman/Chan Reconsideration Order. As a result, we find that it is in the public interest to grant only the assignment applications pertaining to licenses that were not cancelled. We have listed the licenses to be assigned to Preferred that are still valid in Appendix B. Accordingly, we grant the assignment of the licenses listed in Appendix B to Preferred and dismiss the applications to assign the remaining licenses. 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C.  154(i), and sections 0.331 and 1.935 of the Commission's rules, 47 C.F.R.  0.331, 1.935, the Notice of Withdrawal of Petitions to Deny filed by Telecellular, Inc. on July 8, 1999 IS HEREBY GRANTED. 6. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d)(1) of the Communications Act, as amended, 47 U.S.C.  154(i), 309(d)(1), and sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R.  0.331, 1.939, the Petition to Intervene filed by Dee Ann Wunschel on April 7, 1999 IS HEREBY DISMISSED. 7. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 310(d) of the Communications Act, as amended, 47 U.S.C.  154(i), 310(d), and sections 0.331 and 1.948 of the Commission's rules, 47 C.F.R.  0.331, 1.948, the assignment applications filed by Preferred Communication Systems, Inc. listed in Appendix B ARE HEREBY GRANTED. The other assignment applications filed by Preferred Communications Systems, Inc. ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau John Borkowski Chief, Policy and Rules Branch Public Safety and Private Wireless Division Wireless Telecommunications Bureau