Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Request of Columbia Capital Corporation) for a Stay of the 220 MHz Service) Application and Auction Schedule) ORDER Adopted: September 14, 1998 Released: September 14, 1998 By the Chief, Wireless Telecommunications Bureau: 1. On July 17, 1998, Columbia Capital Corporation (Columbia) filed a Petition for Stay and Request for Timely Consideration (Stay Petition) with the Commission requesting a stay of the short-form application date, the auction date, and other dates specified by the Wireless Telecommunications Bureau in the Public Notice released May 29, 1998, announcing the upcoming Phase II 220 MHz auction. 2. On July 30, 1998, Columbia filed a motion for stay of the 220 MHz auction with the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals). That motion sought a stay until judicial review of the Commission's orders that adopted licensing rules for the 220 MHz service. On August 14, 1998, the Court of Appeals denied Columbia's motion for stay stating that Columbia did not satisfy the stringent standards required for a stay pending court review. 3. In its Stay Petition, Columbia asserts the same arguments set forth in its motion for stay filed with the Court of Appeals. Upon examination of its Stay Request, we also conclude that Columbia's arguments fail to meet the standards set forth in Virginia Petroleum and Washington Metro. 4. IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 303(r), and the authority delegated pursuant to section 0.331 of the Commission's rules, as amended, 47 C.F.R.  0.331, that Columbia Capital Corporation's Request for Stay Pending Judicial Review filed on July 17, 1998 IS DISMISSED AS MOOT. FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon Chief, Wireless Telecommunications Bureau