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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of Application of    )
                                )
ASTROLINK COMMUNICATIONS, INC.  )       FCC File No. 9506296
                                )
to Provide 39 GHz Point-to-Point Microwave   )
Service in Santa Fe, NM         )
                                
                                
                                
                                
                    ORDER ON RECONSIDERATION


Adopted:  December 28, 1999             Released:  December 29, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

     1.  Introduction.  We have before us a request from Astrolink Communications, Inc. (Astrolink)
for reconsideration of the decision by the Licensing and Technical Analysis Branch (Branch) to dismiss an
amendment to the above-captioned application to operate a new Point-to-Point Microwave Radio Service
system in the 38.6-40.0 GHz (39 GHz) band.  For the reasons set forth below, we deny Astrolink's
petition for reconsideration.

     2.  Background.  On June 15, 1995, Astrolink filed the above-referenced application for
authorization to provide 39 GHz point-to-point microwave service in Santa Fe, NM.  On August
15, 1995, No Wire LLC (No Wire) timely filed a competing application that was mutually
exclusive with the Astrolink application.

     3.  In an NPRM and Order released on December 15, 1995, the Commission suspended
the processing of pending mutually exclusive 39 GHz applications and the filing of amendments
thereto, pending the outcome of a rulemaking proceeding affecting this service.  In a Report and
Order and Second NPRM released on November 3, 1997, the Commission announced that it
would dismiss, without prejudice, pending mutually exclusive applications.  

     4.  On September 23, 1998, Astrolink submitted an amendment seeking to reduce its
requested service area in order to eliminate the mutual exclusivity that existed between the subject
Astrolink and No Wire applications.  On March 3, 1999, the Branch dismissed Astrolink's
September 23, 1998 amendment because it was filed after the December 15, 1995 deadline for
filing amendments to pending 39 GHz applications.   On April 5, 1999, Astrolink requested that
the Branch reconsider its dismissal of the amendment, and retain the amendment pending the
resolution of the petitions for reconsideration of the Report and Order and Second NPRM. 

     5.  In a Memorandum Opinion and Order released on July 29, 1999, the Commission
denied those petitions for reconsideration and affirmed its 39 GHz licensing policy, including the
decision to dismiss, without prejudice, all pending mutually exclusive 39 GHz applications where
mutual exclusivity was not resolved by December 15, 1995, and all amendments to resolve mutual
exclusivity filed on after December 15, 1995.
     
     6.  Discussion.  Astrolink argues that its September 23, 1998 amendment should have
been held in abeyance in accordance with the NPRM and Order, rather than dismissed, because
the Report and Order and Second NPRM was the subject of petitions for reconsideration.  In
the Memorandum Opinion and Order that addressed the outstanding petitions for
reconsideration, the Commission upheld the application processing policy set forth in the Report
and Order and Second NPRM.  We conclude that the Commission's action renders Astrolink's
argument moot, and we affirm the Branch's dismissal of Astrolink's late-filed amendment.

     7.  Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Section 1.106 of the
Commission's Rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed by Astrolink on
April 5, 1999, IS DENIED.  This action is taken under the delegated authority pursuant to
Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331.

                              FEDERAL COMMUNICATIONS COMMISSION


                               
                              D'wana R. Terry 
                              Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau