Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * |                              |
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| Interactive Wireless Access,     | ) |                              |
| Inc.                             | * |                              |
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| Application for Authorization    |   |                              |
| for Temporary Use                | * |                              |
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| 218-219 MHz Service Frequencies  | ) |                              |
| in Norwalk,                      | * |                              |
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| Connecticut                      |   |                              |
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**ORDER**

**Adopted:** August 4, 2000 **Released:** August 7, 2000

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

# 

1.  In this *Order*, we grant a request by Interactive Wireless Access,
    Inc. (Interactive) to dismiss its application for authority to use
    frequencies in the 218-219 MHz Service on a temporary, experimental
    basis.[^1] On April 6, 2000, Interactive requested authority to use
    frequency block "A" of the 218-219 MHz Service in the Norwalk,
    Connecticut, market to operate a private radio system using
    automated utility meter reading technology until such time as the
    Commission grants a license for that frequency block.[^2] On May 31,
    2000, we released a *Public Notice* seeking comment on Interactive's
    application.[^3] By letter dated July 17, 2000, Interactive
    indicated that it had changed its business plan such that it no
    longer desired use of the 218-219 MHz frequencies, and requested
    that we dismiss its application.[^4]

2.  Under Section 1.934(a)(1)(ii) of the Commission's Rules,[^5] we will
    dismiss an application without prejudice upon request of the
    applicant unless the application has been designated for comparative
    hearing or is one for which the applicant submitted a winning bid in
    a competitive bidding process. Because neither of these conditions
    applies to the subject request, we grant Interactive's request and
    dismiss its application without prejudice.[^6]

3.  Accordingly, IT IS ORDERED that, pursuant to Section 1.934 of the
    Commission's Rules, 47 C.F.R. § 1.934, the application of
    Interactive Wireless Access, Inc. to use frequency block "A" of
    Market M034 in the 218-219 MHz Service IS DISMISSED without
    prejudice.

4.  This action is taken pursuant to delegated authority granted under
    the provisions of Sections 0.131 and 0.331 of the Commission\'s
    Rules, 47 C.F.R. §§ 0.131, 0.331.

    FEDERAL COMMUNCIATIONS COMMISSION

> D'wana R. Terry
>
> Chief, Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Letter from Paul H. Brown, counsel for Interactive Wireless
    Access, Inc., to D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau, dated July
    17, 2000 (Dismissal Request).

[^2]: Interactive Wireless Access, Inc., Application for License in the
    218-219 MHz Service, Norwalk, Connecticut (filed April 6, 2000). The
    218-219 MHz Service is a short-distance communications service that
    allows one- and/or two-way communications for both common carrier
    and private operations on a fixed or mobile basis, and is allocated
    by two equal-sized frequency blocks in each of 306 Metropolitan
    Statistical Areas (MSAs) and 428 Rural Service Areas (RSAs). *See*
    Amendment of Part 95 of the Commission's Rules to Provide Regulatory
    Flexibility in the 218-219 MHz Service, WT Docket No. 98-169,
    *Report and Order and Memorandum Opinion and Order*, 15 FCC Rcd 1497
    (1999). The frequencies subject to Interactive's application -- the
    218.0-218.5 MHz frequency block in Market M042, the
    Bridgeport-Stanford-Norwalk-Danbury MSA -- are currently unlicensed.
    *See* Interactive Video and Data Service February 18, 1997, Bidder
    Information Package at 13 (listing Market M042, frequency block "A"
    as a defaulted license available for auction).

[^3]: Wireless Telecommunications Bureau Seeks Comment on Application of
    Interactive Wireless Access, Inc., for Temporary Use of 218-219 MHz
    Service Frequencies in Norwalk, Connecticut, *Public Notice*, DA
    00-1189 (WTB PSPWD rel. May 31, 2000). We received comments from
    Interactive and both comments and reply comments from Loli, Inc.
    (Loli).

[^4]: Dismissal Request at 1.

[^5]: 47 C.F.R. § 1.934(a)(1)(ii).

[^6]: In its comments and reply comments, Loli requested that we deny
    Interactive's application on the basis that Interactive did not
    comply with the Commission's filing requirements and that its
    application fails to provide the necessary legal and technical
    showings to allow the Commission to grant a radio authorization.
    Because we are dismissing Interactive's application at Interactive's
    request pursuant to Section 1.934 of the Commission's Rules, we do
    not reach the issues Loli raises.