******************************************************** 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 Application of) ) COMMCO, L.L.C. ) File No. 9506937 ) File No. 9505523 to Provide Service ) in the Point-to-Point Microwave Radio Service) 38.6-40.0 GHz Frequency Band in ) Savannah, Georgia and Portland, Maine) ORDER Adopted: February 16, 1999 Released: February 17, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. On March 12, 1996, Milliwave Limited Partnership (Milliwave) filed a Motion to Withdraw its Petition to Dismiss applications filed by Commco L.L.C. (Commco) requesting authorization to operate systems in the 38.6 to 40.0 GHz (39 GHz) band in Savannah, Georgia and Portland, Maine. For the reasons set forth herein, we grant Milliwave's Motion to Withdraw. 2. By way of background, on May 10, 1995 and June 7, 1995, Milliwave applied for 39 GHz station authorizations in the Point-to-Point Microwave Service in the areas of Savannah, Georgia and Manchester, New Hampshire, respectively. Commco filed competing applications on June 14, 1995 for Savannah, Georgia and on July 19, 1995 for Portland, Maine. On August 18, 1995, Milliwave filed a Petition to Dismiss the competing Commco applications. On November 11, 1995, Commco filed minor amendments to its applications reducing its channel pair request and resolving the mutual exclusivity conflicts with the Milliwave applications. On March 12, 1996, Milliwave filed a Motion to Withdraw its Petition to Dismiss, explaining that Commco's amendments, filed November 11, 1995, resolved all mutual exclusivity issues and that further Commission action regarding the matter was not necessary. We agree that the Motion to Dismiss is now moot. Thus, Milliwave's Motion to Withdraw is hereby granted. 3. Accordingly, IT IS ORDERED that pursuant to Sections 4(i) and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 155(c), the Motion to Withdraw filed by Milliwave Limited Partnership on March 12, 1996 IS GRANTED. 4. This action is taken under 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