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S'" #&J\  P6Qa&P#Federal Communications Commission`(#DA 99 é425 ă   yx}dddy .Q Before the "Federal Communications Commission  S'&RWashington, D.C. 20554 ă  S'In the Matter of Applications ofhh]pp) ` `  ,hh]pp)  S'COLUMBIA CAPITAL CORPORATION ANDpp)  Sh'COLUMBIA MILLIMETER COMMUNICATIONS, L.P.pp)&File Nos.xx9503107  S5'` `  ,hh]pp)&  Xxx9507741  S'` `  ,hh]pp)&  Xxx9507775  S'to Provide 39 GHz PointtoPoint Microwave Radiopp)  S 'Service in Santa Barbara, California; hh]pp)  Si 'New Orleans, Louisiana; and Eugene, Oregon pp)  S '2M ORDER ON RECONSIDERATION   Sj'cAdopted: March 2, 1999,hh]pp&Released: March 3 b&2 , 1999  S7'  S'By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:  S' xy 1. 1. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a) 1. In this Order on Reconsideration, we grant a Petition for Reconsideration and Reinstatement  Sl' !pNunc Pro Tunc (Petition), filed on January 9, 1997, by Columbia Capital Corporation and Columbia  S:' !Millimeter Communications, L.P. (Columbia). Accordingly, Columbia's ApplicationsM:z yO'ԍ Nos. 9503107, 9507741, and 9507775.M requesting  !authorization to operate systems in the 38.6 to 40.0 GHz (39 GHz) band are reinstated for further processing and review.   Sn' x2. Background. Columbia filed an application for a new microwave radio station license with  !the Federal Communications Commission (Commission) on March 20, 1995, proposing to establish service  S ' !@over the 39 GHz band in Eugene, Oregon.; Xz yO'ԍ File No. 9503107.; This application was accepted for filing on April 5, 1995. z {O' !x ԍ  Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals Week of March 22 thru March 29, 1995, No. 1129, (April 4, 1995).  !On July 19, 1995, Columbia filed two additional applications proposing service over the 39 GHz band in  S' !Santa Barbara, California, and New Orleans, Louisiana respectively.HBz yO!'ԍ File Nos. 9507741 and 9507775.H These applications were accepted  Sp'for filing on August 2, 1995.pz {O#' ! ԍ  Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals Week of July 19 thru July 26, 1995, No. 1146, (Aug. 2, 1995).   x+3. On November 13, 1996 and November 14, 1996, the Wireless Telecommunications Bureau  !(Bureau), dismissed the Columbia applications for failure to demonstrate compliance with Section", , * *,,"  S' !101.147(u) of the Commission's Rules, 47 C.F.R.  101.147(u)."Up {Oh' !  ԍ See Letters from Gary L. Stanford, Associate Bureau Chief of Operations, Wireless Telecommunications  ! Bureau, Federal Communications Commission, to Columbia Millimeter Communications, L.P., dated Nov. 13 and  ! 14 1996. On May 11, 1997, the Bureau reorganized and the Public Safety and Private Wireless Division assumed responsibility for these matters. Under Section 101.147(u), a 39 GHz  !band application should request a rectangular service area that must be as small as practical, consistent  S' !with the local service requirements of the carrier.JUp yO'ԍ 47 C.F.R.  101.147(u).J The dismissals were placed on Public Notice on  Sg' !December 10, 1996.}gBUp {OI 'ԍ Public Notice, Wireless Telecommunications Bureau, No. 1915, (Dec. 10, 1996).} On January 9, 1997 Columbia filed the Petition seeking reconsideration of the dismissals.   S' x4. Discussion. Columbia raises three arguments in its Petition. First, Columbia argues that it  !demonstrated in each of its applications that it needed the requested service areas to execute its business  !^plans and effectively compete in those markets, thus satisfying the requirements of Section 101.147(u) of  S6' !the Commission's Rules.H 6Up {O'ԍ  Columbia Petition at 5. H Second, Columbia argues that the Commission's action is unfair and arbitrary  !because it denies Columbia any opportunity to cure alleged defects in its applications, despite Columbia's  S' !good faith effort to comply with the vague standards set forth by the Commission.? f Up {O'ԍ Id. at 9.? Finally, Columbia  S 'asserts that no mutual exclusivity exists as to any of the three applications.: Up {O5'ԍ Id. at 12.:   x<5. On reconsideration, we find that Columbia's proposed service areas for Eugene, Oregon; Santa  S ' !Barbara, California; and New Orleans, Louisiana are consistent with the Commission's rules.i  Up yO.' ! ԍ In view of our decision that the service areas specified in Columbia's applications are consistent with the  !* language of 47 C.F.R.  101.147(u) and thereby complied with that Section's requirements, issues concerning the  {O' ! applicability of the limitations set forth in the Public Notice, Common Carrier Bureau Established Policy Governing  ! the Assignment of Frequencies in the 38 GHz and Other Bands to be Used in Conjunction with PCS Support Communications, No. 44787, are hereby moot.i  !Specifically, as set forth in further detail below, we find that the proposed service areas are as small as  !practical consistent with Columbia's local service requirements, and that Columbia had reasonable  !projected requirements for a multiplicity of service points or transmission paths within the subject areas.  !lAs to each requirement, in each of the three proposed service areas, Columbia set forth detailed  !information establishing its need for the requested spectrum and service area assignments that would enable it to compete effectively with existing service providers.  Sl' x6. Eugene, Oregon Application. Columbia submitted a Confidential Supplement which provided  S9' !extensive information showing Columbia's need for the requested assignment. 9<Up {O&'ԍ  Columbia's Confidential Supplement in conjunction with its Eugene, Oregon application. The Confidential  !Supplement included comprehensive market analysis demonstrating the clear and present need in the" ,l(l(,,"  !^requested service area for the wireless pointtopoint services proposed in its Eugene, Oregon application.  !}The market analysis indicated a substantial existing market demand for the proposed services in the  !requested service area, based on detailed customer demographic studies. Columbia indicates that its  !gcustomers in the Eugene, Oregon, area are likely to be geographically dispersed during the early stages  !7of network operation. For this reason, Columbia contends that it requires access to a customer base that  !textends throughout the requested service area. Without such access, Columbia states that its ability to  S' !compete effectively with existing service providers in the Eugene, Oregon market would be diminished.MUp yO6'ԍ Columbia Petition at 6.M  !*Columbia demonstrated that its system would provide customers with a costeffective alternative to local  !Mtelephone companies, and would meet the demands of the business community for wideband capacity  S5' !}service currently unavailable in the market.35XUp {O- 'ԍ  Id.3 Columbia further demonstrates the sizeable unfulfilled  !demand in the requested service area for highspeed digital circuits for local connectivity, which it could  !meet using its capacity to transmit wideband signals concurrently to numerous different subscribers within  !the local area at very low cost. Columbia also shows that its system could be used to meet the growing  !need for wireless transmission and connectivity between local area networks (LANs) at different locations  !and between wide area networks (WANs). In addition, Columbia details the manner in which its system  !Dwas designed to meet the developing market demands for distance learning (including telemedicine), two S ' !way video-conferencing, business (or vertical market) television, and data distribution services.? Up {OZ'ԍ Id. at 7.? Based  !gon these showings by Columbia in the context of its Eugene, Oregon application, we conclude that the application is consistent with the applicable rule requirements regarding proposed service areas.  S' xl7. Santa Barbara, California and New Orleans, Louisiana Applications. We find that the factual  !@showings in the Santa Barbara and New Orleans applications also are sufficient. Both applications are  !based on market research indicating that the common carrier facilities currently serving the requested  !service areas, at the time of the filing of the applications, failed to sufficiently fulfill market demand for  !/the types of services proposed in Columbia's applications. As in the Eugene application, Columbia  !contends that its customers in the Santa Barbara and New Orleans markets would be geographically  !&dispersed. It further contends that effective competition in these areas dictate that Columbia secure a  S' !service area in each market large enough to reach its geographically dispersed customer base.?|Up {O'ԍ Id. at 8.? The  !services Columbia proposes to provide in Santa Barbara and New Orleans include pointtopoint access  !and local exchange services, basic and advanced data transmission, pointtopoint local connectivity,  !backhaul for the established cellular industry and Personal Communications Services networks, wireless  !connectivity of LANs and WANs, telemedicine, distance education and other educationrelated services,  !network redundancy for businesses which cannot risk interruption in telecommunication services, and relief  !in the event of disruption of wireline networks due to manmade or natural disaster. In addition, Columbia  !3demonstrates that unlike the wireline facilities available in the Santa Barbara and New Orleans markets  !when its applications were filed, its system could be rapidly deployed and utilized. Further, Columbia  !^states that it would be able to provide service less expensive than that offered by alternate wireline service  S'providers, by installing more costeffective system components and through careful network design.3Up {OO&'ԍ Id.3 "n,l(l(,,!"Ԍ xBased on these showings, we conclude that Columbia's Santa Barbara and New Orleans applications also are consistent with the applicable rule requirements governing proposed service areas.  "8. Accordingly, IT IS ORDERED that pursuant to sections 4(i) and 405 of the Communications  x&Act of 1934, as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47  S' xC.F.R.  1.106, the Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed by Columbia Capital Corporation and Columbia Millimeter Communications, L.P. on January 9, 1997 IS GRANTED.  "9. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 308 of the Communication's Act,  x}as amended 47 U.S.C.  154(i), 308, that the signed original applications filed by Columbia Capital  x}Corporation and Columbia Millimeter Communications, L.P. on March 20, 1995 and July 19, 1995,  xrespectively are to be resubmitted within thirty (30) days from the release of this Order on Reconsideration b&promptly for further review and processing.   "+10. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's, 47 C.F.R.  0.131 and 0.331.  ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqD'wana R. Terry ` `  hhCqChief, Public Safety and Private Wireless Division ` `  hhCqWireless Telecommunications Bureau