Subject: [NEXTEL-1] FCC Admits Mistake To Nextel

From: Marcel <[email-masked]>
Date: Thu, 14 Nov 2002 16:11:35 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Nextel Communications, Inc.

Request for Reinstatement of
License and Renewal and
Modification Applications
Call Sign WNHV468   )
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File Nos. 0000716009
               0000812223

ORDER
   Adopted:  November 13, 2002 Released:  November 14, 2002

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

1. On April 22, 2002, Nextel Communications, Inc. (Nextel) filed a petition for
reinstatement (Petition) of the above-captioned license for station WNHV468.  For the
reasons discussed below, we dismiss the Petition at moot.
2. On August 21, 2001, Fred Hills Materials, Inc. (FHMI) filed an application for consent
to assign the license for station WNHV468 to Nextel (Assignment Application).   While the
assignment application was pending, on December 26, 2001, FHMI filed a timely application
to renew the license for station WNHV468 (Renewal Application).   FHMI and Nextel
completed the assignment transaction on January 25, 2002, and Nextel filed a notification
of consummation of the assignment on February 1, 2002.   The Commercial Wireless
Division’s Licensing and Technical Analysis Branch (Branch) approved the consummation on
February 2, 2002.  Apparently unaware of the assignment to Nextel, the Branch erroneously
dismissed the Renewal Application on February 13, 2002, because FHMI was no longer
associated as the licensee with the station.
3. On March 15, 2002, Nextel filed a modification application to convert station WNHV468
from private to commercial operations (Modification Application).   Because FHMI’s Renewal
Application had been dismissed, Commission records indicated that the station had expired
on January 13, 2002, and the Branch dismissed the Modification Application on March 19,
2002.
4. Subsequently, the Branch became aware of the errors and, on its own motion, reversed
the dismissals of the Renewal and Modification Applications on April 16, 2002, and April
17, 2002, respectively, and returned each application to pending status.  The Branch
renewed the license for station WNHV468 on April 16, 2002 because it was timely filed and
granted the Modification Application on May 24, 2002.  We therefore dismiss Nextel’s
Petition as moot.
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and section 0.331 of
the Commission’s rules, 47 C.F.R. § 0.331, the petition for reinstatement filed by Nextel
Communications, Inc. on April 22, 2002, IS DISMISSED as moot.
     FEDERAL COMMUNICATIONS COMMISSION

      Paul D’Ari
      Chief, Policy & Rules Branch
      Commercial Wireless Division
      Wireless Telecommunications Bureau

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