**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  |                              |
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| TRITON PCS LICENSE COMPANY,      | ** |                              |
| L.L.C.                           |    |                              |
|                                  | *  |                              |
| Petition for Waiver of Section   | *) |                              |
| 22.367 of the Rules Concerning   | ** |                              |
| Wave Polarization in the         |    |                              |
| Cellular Radiotelephone Service  | *  |                              |
|                                  | *) |                              |
| AT&T WIRELESS SERVICES, INC.     | ** |                              |
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| Petition for Waiver of Section   | *  |                              |
| 22.367 of the Rules Concerning   | *) |                              |
| Wave Polarization in the         | ** |                              |
| Cellular Radiotelephone Service  |    |                              |
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**Order**

**Adopted: March 6, 2003 Released: March 6, 2003**

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

1\. This Order addresses Petitions for Waiver ("Petitions") filed
separately by Triton PCS License Company, L.L.C. (Triton) on March 22,
2002 and AT&T Wireless Services, Inc., (AWS) on April 12, 2002, for
waiver of section 22.367 of the Commission's rules regarding vertical
wave polarization in the cellular radiotelephone service.[^1] In their
Petitions, Triton and AWS request waivers of section 22.367(a)(4) of the
Commission's rules in order to employ wave polarization other than
vertical.[^2]

2\. The Commission released an order on September 24, 2002, as part of
the year 2000 Biennial Review of Regulations, which modified or
eliminated certain Part 22 Commission rules.[^3] In the Part 22 Biennial
Review, the Commission eliminated section 22.367(a)(4) of the
Commission's rules, which provided that electromagnetic waves radiated
by base, mobile, and auxiliary test transmitters in the Cellular
Radiotelephone Service had to be vertically polarized.[^4] The
elimination of the vertical polarization rule became effective on
February 18, 2003.

3\. Because section 22.367(a)(4) was eliminated, we dismiss both
Petitions as moot.

4\. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i) and sections 0.131,
0.331, 1.925 of the Commission's rules, 47 C.F.R. §§ 0.131, 0.331, and
1.925, the Petitions for Waiver filed by Triton PCS License Company,
L.L.C., on March 22, 2002, and AT&T Wireless Services, Inc., on April
12, 2002 are DISMISSED as moot.

FEDERAL COMMUNICATIONS COMMISSION

Roger S. Noel

Deputy Chief, Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: *See* Triton PCS License Company, L.L.C., Petition for Waiver of
    Section 22.367 of the Rules Concerning Wave Polarization in the
    Cellular Radiotelephone Service, filed March 22, 2002; Triton PCS
    License Company, L.L.C., Petition for Waiver of Section 22.367 of
    the Rules Concerning Wave Polarization in the Cellular
    Radiotelephone Service (Supplement to Petition for Waiver), filed
    May 28, 2002; AT&T Wireless Services, Inc., Petition for Waiver of
    Section 22.367 of the Rules Concerning Wave Polarization in the
    Cellular Radiotelephone Service, filed April 12, 2002.

[^2]: Triton requests a waiver at its transmitter locations in the
    Myrtle Beach, South Carolina cellular market. *See* Triton Petition
    at 1. AWS requests a waiver for any transmitter locations associated
    with licensees under its control. *See* AWS Petition at 3.

[^3]: *See* Year 2000 Biennial Regulatory Review -- Amendment of Part 22
    of the Commission's Rules to Modify or Eliminate Outdated Rules
    Affecting the Cellular Radiotelephone Service and other Commercial
    Mobile Radio Services, WT Docket 01-108, *Report and Order*, 17 FCC
    Rcd 18401 (2002) (*Part 22 Biennial Review*).

[^4]: *Part 22 Biennial Review* at 18428-18429, paras. 47-51.