**DA 01-2554**

**Released: November 1, 2001**

**Wireless Telecommunications Service Grants Renewals in the CF Radio
Service**

Under the Commission's previous rules, all common carrier 39 GHz band
licensees who were licensed before August 1, 1996 were subject to a
fixed license term ending February 1, 2001, regardless of the grant date
of their individual licenses.[^1] In the *39 GHz R&O*, the Commission
adopted performance rules that required 39 GHz band licensees to
demonstrate substantial service in order to obtain license renewal.[^2]
The purpose of the substantial service showing is to ensure "that
service is being provided to the public."[^3] The Commission stated that
one example of a substantial service showing might consist of four links
per million population within a 39 GHz band licensee's service area.[^4]

On April 4, 2001, TRW Inc. ("TRW") petitioned the Wireless
Telecommunications Bureau ("Bureau") to deny the pending renewal
applications for the following nine 39 GHz band licenses:[^5]

  --------------- --------- ---------------------------- -----------------
  **FCC File      **Call    **Licensee**                 **Market**
  Number**        Sign**                                 

  0000349988      WMT695    DCT Communications           Tucson, AZ

  0000350468      WPJC408   Advanced Radio Telecom       Parkersburg, WV
                            Corporation                  

  0000350701      WPJD841   Advanced Radio Telecom       Chico, CA
                            Corporation                  

  0000350706      WPJE218   Advanced Radio Telecom       Billlings, MT
                            Corporation                  

  0000350827      WPJC409   Advanced Radio Telecom       Steubenville, OH
                            Corporation                  

  0000350828      WPJC415   Advanced Radio Telecom       Pueblo, CO
                            Corporation                  

  0000350996      WMT779    Advanced Radio Telecom       Tucson, AZ
                            Corporation                  

  0000351029      WPJC417   Advanced Radio Telecom       Wheeling, WV
                            Corporation                  

  0000351216      WPJE253   Advanced Radio Telecom       Colorado Springs,
                            Corporation                  CO
  --------------- --------- ---------------------------- -----------------

On May 15, 2001, TRW filed a Motion to Withdraw its Petition to
Deny.[^6] On October 22, 2001, pursuant to Section 1.935 of the
Commission's Rules[^7], TRW filed a declaration that neither TRW or its
principals received or will receive any money or other consideration in
exchange for the withdrawal of the Petition to Deny.[^8] By this Public
Notice, we accept the withdrawal of TRW's Petition to Deny and dismiss
the Petition to Deny pursuant to Section 1.935 of the Commission's
Rules.[^9]

By this Public Notice, we announce the grant of the following five
renewal applications:

  --------------- --------- ---------------------------- -----------------
  **FCC File      **Call    **Licensee**                 **Market**
  Number**        Sign**                                 

  0000350701      WPJD841   Advanced Radio Telecom       Chico, CA
                            Corporation                  

  0000350706      WPJE218   Advanced Radio Telecom       Billlings, MT
                            Corporation                  

  0000350827      WPJC409   Advanced Radio Telecom       Steubenville, OH
                            Corporation                  

  0000350828      WPJC415   Advanced Radio Telecom       Pueblo, CO
                            Corporation                  

  0000351216      WPJE253   Advanced Radio Telecom       Colorado Springs,
                            Corporation                  CO
  --------------- --------- ---------------------------- -----------------

Given the Commission's suggestion that the existence of four links per
million population within a service area might constitute substantial
service, we believe that licensees providing at least one link for each
250,000 people located within their service area are operating at the
link-to-population ratio suggested by the Commission. With respect to
these five applications, Advanced Radio Telecom Corporation has
demonstrated that the stations have at least one link for each 250,000
people located within their service area. We therefore conclude that
Advanced Radio Telecom Corporation has made a sufficient substantial
service showing with respect to these five applications. We grant these
applications pursuant to Section 309(a) of the Communications Act of
1934, as amended, 47 U.S.C. § 309(a), and Section 0.331 of the
Commission\'s Rules, 47 C.F.R. § 0.331, because it will serve the public
interest, convenience and necessity.

The four remaining applications will be addressed in a future item.

For further information, the news media should contact Meribeth
McCarrick, Wireless Telecommunications Bureau, at (202) 418-0654. For
questions regarding legal matters and licensing issues, contact Roberto
Mussenden, Esq., Wireless Telecommunications Bureau, Public Safety and
Private Wireless Division, Policy and Rules Branch, at (202) 418-0680.

Action by the Chief, Policy and Rules Branch, Public Safety and Private
Wireless Division, Wireless Telecommunications Bureau.

[^1]: *See* Amendment of the Commission's Rules Regarding the 37.0-38.6
    GHz and 38.6-40.0 GHz Bands, *Report and Order and Second Notice of
    Proposed Rulemaking*, 12 FCC Rcd 18600, 18620-18621 ¶ 36 (1997) (*39
    GHz R&O*).

[^2]: *Id.* at 12 FCC Rcd 18623 ¶ 41. *See* 47 C.F.R. § 101.17.

[^3]: *39 GHz R&O*, 12 FCC Rcd at 18624 ¶ 46.

[^4]: *Id.* at 12 FCC Rcd 18625 ¶ 46.

[^5]: Petition to Deny, filed by TRW Inc. on April 4, 2001 ("Petition to
    Deny").

[^6]: Motion to Withdraw, filed by TRW Inc. on May 15, 2001.

[^7]: Section 1.935(a)(1) of the Commission's Rules requires that the
    party withdrawing a petition to deny must certify, via affidavit,
    that neither the party or its principals has received or will
    receive any money or other consideration...in exchange for the
    withdrawal of the petition. *See* 47 C.F.R. § 1.935(a)(1).

[^8]: Declaration of Peter Hadinger, Director of Telecom Strategy for
    TRW Inc., filed by TRW Inc. on October 22, 2001.

[^9]: 47 C.F.R. § 1.935.