Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Application for Review of Columbia Capital ) Corporation of Action Taken Pursuant ) to Delegated Authority ) MEMORANDUM OPINION AND ORDER Adopted: August 4, 1999 Released: August 5, 1999 By the Commission: 1. The Commission has before it an Application for Review filed by Columbia Capital Corporation ("Columbia") seeking to set aside a Public Notice released by the Wireless Telecommunications Bureau ("Bureau") on May 29, 1998 ("Auction Public Notice"). The Auction Public Notice, among other things, announced procedures and filing deadlines for Auction No. 18, the Phase II 220 MHz Service auction. Columbia had requested that the Bureau set aside the Auction Public Notice and postpone the auction filing dates and start date until the United States Court of Appeals for the District of Columbia Circuit (the "Court") resolves Columbia's appeal of orders modifying the 220 MHz Service rules. Because Auction No. 18 has been completed, and the Court has decided Columbia's appeal, we dismiss Columbia's Application for Review as moot. 2. In a 1992 order, the Commission adopted rules for licensing the 220 MHz Service. Columbia applied for nationwide, non-commercial, non-Government use licenses in the 220 MHz Service under these rules. In a subsequent Memorandum Opinion and Order, the Commission modified its 220 MHz licensing rules. Columbia, along with PLMRS Narrowband Corporation, filed petitions for review of these modified rules. These two companies also filed notices of appeal and petitions for review of the Commission order further amending the rules to implement the Omnibus Budget Reconciliation Act of 1993, which created a new regulatory scheme and granted the Commission authority to assign licenses by competitive bidding. 3. In the May 29, 1998 Auction Public Notice, the Bureau announced that an auction of Phase II 220 MHz Service licenses would begin on September 15, 1998. Columbia filed a petition for stay of this auction with the Commission on June 29, 1998. On July 30, 1998, Columbia proffered the same arguments in a motion for stay of the 220 MHz auction filed with the Court. On August 14, 1998, the Court denied the motion for stay, stating that Columbia did not satisfy the stringent standards required for a stay pending court review. On similar grounds, the Bureau dismissed Columbia's petition for stay. 4. Auction No. 18, the Phase II 220 MHz auction, opened on September 15, 1998 and closed on October 22, 1998. Moreover, on July 16, 1999, the Court denied Columbia's appeal, upholding the Commission's decision to assign 220 MHz Service licenses by auction. Therefore, Columbia's Application for Review of the Auction Public Notice, which effectively requested that the auction be postponed, is moot. 5. 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), that Columbia Capital Corporation's Application for Review of Action Taken Pursuant to Delegated Authority filed on June 29, 1998, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary