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

In the Matter of the Application of          )
                                     )
BORO TRANSIT, INC.                   )  FCC File No. 045698
                                     )
For Consent to Assignment of                 )    
Authorization for Business Radio        )
Service-Conventional Station WPIQ472 at          )
New York, New York                   )

                             ORDER


Adopted:  January 4, 2000               Released:  January 6, 2000  

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

1. On July 29, 1996 Hyland Transit Corp. (Hyland) proposed to transfer its license to Boro
Transit, Inc. (Boro).  On August 27, 1996, Mobile Radio Cooperative Association (MRCA) and S&S
Excavating (S&S) (jointly, the Petitioners) filed a petition to dismiss or deny the assignment from Hyland
to Boro.  In the alternative, Petitioners requested that the Commission defer action on the proposed
assignment, pending action by the Commission on the Petitioners' application for review; or condition any
grant of the application on the outcome of the pending matters in File Nos. 506876 and 027399.  On
February 14, 1997, Hyland and Boro requested expedited action on the assignment from Hyland to Boro. 
On March 11, 1997, the assignment from Hyland to Boro was granted, conditioned on the outcome of the
Application for Review filed by the Petitioners on May 3, 1996.  We find that Petitioners have received the
relief sought in their Petition   namely, a conditional grant of the subject assignment application.

2.  Accordingly, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as
amended, 47 U.S.C.  154(i), 309 and Section 1.939 of the Commission's Rules, 47 C.F.R.  1.939, the
petition to dismiss or deny filed by Mobile Radio Cooperative Association and S&S Excavating on August
27, 1996, is GRANTED to the extent indicated herein.
3.  This action is taken under delegated authority pursuant to Section 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