**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In re Applications of            | * | File Nos. 02601-CL-CP-95     |
|                                  | * |                              |
| Eastern Airwaves, L.L.C.         | ) | 02618-CL-CP-95               |
|                                  | * |                              |
| For a Phase II Cellular Unserved | * | 02619-CL-CP-95               |
| Area Authorization in the Nevada |   |                              |
| 5 White Pine Rural Service Area, | * | 02616-CL-CP-95               |
| Market No. 547B                  | * |                              |
|                                  | ) | 02617-CL-CP-95               |
| In re Applications of            | * |                              |
|                                  | * | 02596-CL-CP-95               |
| Eastern Airwaves, L.L.C.         |   |                              |
|                                  | * | 02597-CL-CP-95               |
| For a Phase II Cellular Unserved | * |                              |
| Area Authorization in the Nevada | ) | 02604-CL-CP-95               |
| 4 Mineral Rural Service Area,    | * |                              |
| Market No. 546B                  | * | 02605-CL-CP-95               |
|                                  |   |                              |
| In re Applications of            | * | 02606-CL-CP-95               |
|                                  | * |                              |
| Desert Mobile, L.L.C.            | ) | 06048-CL-MP-94               |
|                                  | * |                              |
| For a Phase II Cellular Unserved | * | 06477-CL-MP-94               |
| Area Authorization in the Nevada |   |                              |
| 5 White Pine Rural Service Area, | * |                              |
| Market No. 547B                  | * |                              |
|                                  | ) |                              |
| In re Applications of            | * |                              |
|                                  | * |                              |
| Desert Mobile, L.L.C.            |   |                              |
|                                  | * |                              |
| For a Phase II Cellular Unserved | * |                              |
| Area Authorization in the Nevada | ) |                              |
| 4 Mineral Rural Service Area,    | * |                              |
| Market No. 546B                  | * |                              |
|                                  |   |                              |
| In re                            | * |                              |
|                                  | * |                              |
| AirTouch Cellular                | ) |                              |
|                                  | * |                              |
| For Order to Show Cause for      | * |                              |
| Revocation of its Authorization  |   |                              |
| for the Wireline Cellular        | * |                              |
| Telephone System in the Nevada 5 | * |                              |
| White Pine Rural Service Area,   | ) |                              |
| Market No. 547B                  | * |                              |
|                                  | * |                              |
| In re Application of             |   |                              |
|                                  | * |                              |
| Mineral RSA Limited Partnership  | * |                              |
|                                  | ) |                              |
| For a Major Modification to its  | * |                              |
| Authorization for the Wireline   | * |                              |
| Cellular Telephone System in the |   |                              |
| Nevada 4 Mineral Rural Service   | * |                              |
| Area, Market No. 546B            | * |                              |
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+----------------------------------+---+------------------------------+
|                                  |   |                              |
+----------------------------------+---+------------------------------+

**ORDER**

**Adopted:** March 30, 2001 **Released:** April 3, 2001

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

1\. The Commercial Wireless Division (Division) has before it two
Petitions for Reconsideration relating to the above-captioned
applications. First, there is a Petition for Reconsideration filed by
Eastern Airwaves, L.L.C. (Eastern) and Desert Mobile, L.L.C. (Desert) on
July 14, 1999 regarding an Order[^1] released on June 14, 1999. Second,
there is a Petition for Reconsideration filed by Desert on March 27,
2000 regarding two Orders,[^2] both released on February 25, 2000.
Because the two Petitions raise identical issues,[^3] we will consider
both of them together.

2\. The *June 14, 1999 Order* took the following actions:

-   Dismissed unserved area applications filed by Eastern and Desert in
    the Nevada 4 and 5 RSAs (File Nos. 02601-CL-CP-95, 02618-CL-CP-95,
    02619-CL-CP-95, 02616-CL-CP-95, 02617-CL-CP-95, 02596-CL-CP-95, and
    02597-CL-CP-95).

-   Dismissed as moot Desert's Petition To Revoke Improperly Granted
    Authorization, filed with respect to the Commission's grant of a
    major modification application submitted by AirTouch Cellular in the
    Nevada 5 RSA (File No. 06048-CL-MP-94).[^4]

-   Granted the major modification application of Mineral RSA Limited
    Partnership[^5] in the Nevada 4 RSA (File No. 06477-CL-MP-94).

-   Determined that it was permissible, under the Commission rules then
    in effect, for an RSA licensee to file a Form 401 application prior
    to the end of the licensee's five-year buildout period seeking prior
    Commission approval and a one-year construction period for sites
    that could be constructed on a permissive basis subject to a Form
    489 notification filing.[^6]

The *February 25, 2000 Mineral Order* dismissed Desert's December 30,
1994 petition to deny Mineral RSA Limited Partnership's August 16, 1994
application and denied Desert's motion to accept the late-filed petition
to deny. The *February 25, 2000 Desert Order* dismissed Desert's
applications to serve unserved area in the Nevada 4 RSA (File Nos.
02604-CL-CP-95, 02605-CL-CP-95, and 02606-CL-CP-95).

3\. After reviewing the record, we find that the Petition for
Reconsideration of the June 14, 1999 Order filed by Eastern and Desert
(Petitioners) raises no new arguments and fails to demonstrate that
their arguments had not received full and fair consideration. We
reiterate the fact that Mineral's expansion application was properly
accepted and granted by the Commission.[^7] Petitioners claim that
Mineral filed its applications for the purpose of "warehousing" spectrum
in violation of Commission policy.[^8] It is unnecessary for us to reach
the merits of this claim because Mineral's filing was clearly permitted
by Commission rules, as set forth in the *June 14, 1999 Order*.
Accordingly, for the reasons specified in the *June 14, 1999 Order* and
the reasons set forth herein, we deny the July 14, 1999 Petition for
Reconsideration.

4\. After reviewing the record, we find that the Petition for
Reconsideration of the February 25, 2000 orders raises no new arguments
and fails to demonstrate that their arguments did not receive full and
fair consideration. Accordingly, for the reasons specified in the
February 25, 2000 orders, we deny the March 27, 2000 Petition for
Reconsideration.

5\. Accordingly, IT IS ORDERED, pursuant to authority delegated by
section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i),
and by section 0.331 of the Commission's rules, 47 C.F.R. § 0.331, that
the Petition filed on July 14, 1999, by Eastern Airwaves, L.L.C. and
Desert Mobile, L.L.C., is denied.

6\. Accordingly, IT IS ORDERED, pursuant to authority delegated by
section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i),
and by section 0.331 of the Commission's rules, 47 C.F.R. § 0.331, that
the Petition filed on March 27, 2000, by Desert Mobile, L.L.C., is
denied.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Katherine M. Harris
>
> Deputy Chief, Commercial Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: In re Application of Eastern Airwaves, L.L.C., *Order*, DA 99-1164
    (1999) (June 14, 1999 Order).

[^2]: In re Application of Mineral RSA Limited Partnership, *Order*, 15
    FCC Rcd. 4342 (2000) (February 25, 2000 Mineral Order); In re
    Application of Desert Mobile, L.L.C., *Order*, 15 FCC Rcd. 4370
    (2000) (February 25, 2000 Desert Order).

[^3]: We note that Desert admits as much in its March 27, 2000 Petition
    and specifically cross-references the arguments in its July 14, 1999
    Petition. *See* March 27, 2000 Petition at 2.

[^4]: The Commission granted the major modification application on
    October 14, 1994. *See* Public Notice, Rpt. No. CL-95-47 (rel. Oct.
    14, 1994). We note that, according to the Commission's records, the
    licensee in this market is now Cellco Partnership.

[^5]: We note that, according to the Commission's records, the licensee
    in this market is now Southwestco Wireless Limited Partnership.

[^6]: We note that the *June 14, 1999 Order* pointed out that, because
    AirTouch did not construct the authorized facilities in Nevada 5,
    Eastern, Desert, and any other interested parties were free to
    pursue Phase II unserved area applications in that RSA. As far as
    the Commission's records reflect, neither Eastern nor Desert have
    taken advantage of this opportunity.

[^7]: *See* In the Matter of Amendment of Part 22 of the Commission's
    Rules to Provide for Filing and Processing of Applications for
    Unserved Areas in the Cellular Service and to Modify Other Cellular
    Rules, *Memorandum Opinion and Order on Reconsideration*, 8 FCC Rcd.
    1363, 1363 n.3 (1993).

[^8]: *See* July 14, 1999 Petition for Reconsideration at 6-7.