Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| GELICO INC.,                     | ** |                              |
| Debtor-in-Possession             |    |                              |
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| 900 MHz SMR Station WNMO982      | *) |                              |
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| Denver, Colorado                 |    |                              |
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**ORDER**

**Adopted: January 9, 2002 Released: January 10, 2002**

By the Chief, Commercial Wireless Division, Wireless Telecommunications
Bureau:

1.  On September 8, 1999, Larry D. Henderson and Robert A. Benz d/b/a
    Quad Communications ("Quad") filed a Petition for Reconsideration of
    an action by the Licensing and Technical Analysis Branch ("Branch")
    of the Commercial Wireless Division dismissing Quad's Petition to
    Purge Authorization filed against Gelico, Inc., Debtor-in-Possession
    ("Gelico").[^1] For the reasons set forth below, we dismiss Quad's
    Petition for Reconsideration as moot.

2.  Gelico, a wholly-owned subsidiary of Geotek Communications, Inc.,
    Debtor-in-Possession, was authorized for a ten-channel Designated
    Filing Area ("DFA") license at six sites in Colorado on frequency
    block C ("DFA License") in the 900 MHz Specialized Mobile Radio
    ("900 MHz SMR") radio service.[^2] In 1996, the Commission granted
    Quad a geographic license to operate in the Denver Major Trading
    Area ("MTA"), also on frequency block C in the 900 MHz SMR
    service.[^3] Because Gelico's DFA was located within the Denver MTA,
    Quad was required to provide adequate interference protection to
    Gelico's incumbent authorization, so long as Gelico's authorization
    remained valid.[^4]

3.  On February 26, 1999, Quad filed a Petition to Purge Authorization
    ("Purge Petition") in which it claimed that the stations authorized
    under the DFA License were either never constructed or had
    discontinued operations for 90 or more continuous days. If either
    were true, the DFA License would have cancelled automatically as of
    the construction deadline or after the 90-day discontinuation
    period, whichever is applicable,[^5] and the subject frequencies
    would revert to Quad as the MTA licensee.[^6] On August 9, 1999, the
    Branch dismissed Quad's Purge Petition because Quad had not provided
    *prima facie* evidence that Gelico had discontinued operations for
    90 or more continuous days or adequate proof that the stations had
    not been constructed.[^7] On September 8, 1999, Quad filed the
    instant Petition for Reconsideration of the Branch's dismissal. One
    year later, Gelico's DFA License was assigned to Neoworld License
    Holdings, Inc. ("Neoworld"). Quad supplemented its Petition for
    Reconsideration on January 25, 2001 and served Neoworld a copy of
    the supplement on June 18, 2001.

4.  On December 27, 2001, Neoworld submitted an application to cancel
    the DFA License. The Commission granted cancellation on December
    28, 2001. Because the DFA License, which was the subject of the
    Purge Petition and the instant Petition for Reconsideration, has
    been cancelled, the Petition for Reconsideration is now moot.
    Therefore, we dismiss the Petition for Reconsideration filed by Quad
    on September 8, 1999 as moot.

5.  Accordingly, IT IS ORDERED, pursuant to section 4(i) of the
    Communications Act, as amended, 47 U.S.C. § 154(i), and sections
    0.331 and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.331,
    1.106, that the Petition for Reconsideration filed by Larry D.
    Henderson and Robert A. Benz d/b/a Quad Communications on September
    8, 1999 IS DISMISSED AS MOOT.

    FEDERAL COMMUNICATIONS COMMISSION

    William W. Kunze

    Chief, Commercial Wireless Division

    Wireless Telecommunications Bureau

[^1]: ^?^ Petition for Reconsideration filed by Quad on September 8,
    1999. Gelico filed an Opposition to the Petition for Reconsideration
    on September 27, 1999 and Quad filed a Reply to the Opposition on
    October 18, 1999.

[^2]: ^?^ The call sign for Gelico's DFA license was WNMO982.

[^3]: ^?^ The call sign for Quad's MTA license is KNNX950.

[^4]: ^?^ *See* 47 C.F.R. § 90.663.

[^5]: ^?^ *See* 47 C.F.R. § 90.631(f).

[^6]: ^?^ *See* 47 C.F.R. § 90.663(b).

[^7]: ^?^ *See* Letter of Terry L. Fishel, Deputy Chief, Licensing and
    Technical Analysis Branch, Commercial Wireless Division, Wireless
    Telecommunications Bureau, to Elizabeth R. Sachs, counsel for Quad,
    and Russell H. Fox, counsel for Gelico, dated August 9, 1999.