Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | File No. 03169-CL-CP-94      |
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| Lone Star Cellular, Inc.         | ) |                              |
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| Application for Interim          | * |                              |
| Operating Authority              |   |                              |
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| In the Cellular RadioTelephone   | * |                              |
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| Texas 15 -- Concho RSA           | * |                              |
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| Market 666A                      | * |                              |
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> ORDER

**Adopted: February 29, 2000 Released: March 1, 2000**

By the Chief, Policy and Rules Branch, Commercial Wireless Division,
Wireless Telecommunications Bureau:

1.  In this Order, we jointly address the Petition to Dismiss or Deny
    filed by Kent A. Foster (Foster) on June 1, 1994 (Foster Petition)
    and the Petition to Dismiss or Deny filed by Texas 14 Cellular
    Corporation (Texas 14) on June 1, 1994 (Texas 14 Petition) against
    the above-captioned application. For the reasons discussed below, we
    dismiss the Foster Petition and the Texas 14 Petition as moot.

2.  On March 24, 1994, Lone Star Cellular, Inc. (Lone Star) filed an
    application for interim operating authority in the Texas 15 --
    Concho RSA.[^1] On June 1, 1994, Foster and Texas 14 filed Petitions
    to Dismiss or Deny Lone Star's application. On December 24, 1994,
    the Wireless Telecommunications Bureau (Bureau) granted Lone Star's
    application to provide interim operating authority in the Texas 15
    -- Concho RSA, Market 666A.[^2]

3.  We dismiss the Foster Petition and the Texas 14 Petition because
    Foster was granted permanent authority to operate a cellular system
    in the Texas --15 Concho RSA, Market 666A, on October 3, 1995 and
    the Commission granted Foster's application to assign his
    authorization under call sign KNKQ-428 to Concho Cellular Telephone
    Company, the current licensee in this market, on February 21,
    1997.[^3] After grant of permanent authority in the Texas 15 --
    Concho RSA, Lone Star ceased interim operations in Market 666A. For
    these reasons, we dismiss the Foster Petition and the Texas 14
    Petition as moot.

4.  Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    309, and sections 0.331and 1.939(g) of the Commission's Rules, 47
    C.F.R. §§ 0.331 and 1.939(g), the Petition to Dismiss or Deny filed
    by Kent A. Foster on June 1, 1994 and the Petition to Dismiss or
    Deny filed by Texas 14 Cellular Corporation on June 1, 1994 against
    the above-captioned application are hereby DISMISSED as moot.

    FEDERAL COMMUNICATIONS COMMISSION

    Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless
    Division Wireless Telecommunications Bureau

[^1]: *See Public Notice*, Report No. CL-94-61 (rel. May 2, 1994).

[^2]: *See Public Notice*, Report No. CL-95-34 (rel. December 28, 1994).
    This Public Notice inadvertently listed Lone Star's application for
    interim operating authority under File No. 01369-CL-CP-94 as a Phase
    II Unserved Area application granted because of the withdrawal of
    the Petition to Deny pursuant to a settlement agreement. On December
    30, 1994, counsel for Foster notified the Bureau that Foster's
    Petition was not withdrawn and requested that Lone Star's
    application be returned to pending status as it is not a Phase II
    application. *See* Letter from Steven N. Teplitz, Esquire, to John
    Cimko, Wireless Telecommunications Bureau, dated December 30, 1994.

[^3]: *See Public Notice*, Report No. LB-97-21 (rel. February 21, 1997).
    The Commission has also authorized other permanent operators in the
    Texas 15 -- Concho RSA. *See Public Notice*, Report No. LB-98-14
    (rel. December 19, 1997) (authorizing the *pro forma* assignment of
    call sign KNKQ-249 from GCC License Corporation to WWC Texas RSA
    Limited Partnership for operation in the Texas 15 -- Concho RSA,
    Market 666A).