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


In the Matter of                   )
                              )
Nevada Wireless                    )
                              )
Emergency Petition for Reconsideration  )
and                           )
Emergency Motion for Stay of            )
Minimum Opening Bids Order              )
DA 97-2147                         )
                              )
800 MHz Specialized Mobile Radio Auction     )
Upper 200 Channels                 )


                             ORDER
                                
                                
     Adopted:  July 21, 1999            Released:  July 22, 1999  


By the Deputy Chief, Wireless Telecommunications Bureau:

     1.  We have before us an Emergency Petition for Reconsideration ("Petition") and an Emergency
Motion for Stay ("Stay Motion"), submitted by Nevada Wireless on October 14, 1997, of an order ("Order"),
released by the Wireless Telecommunications Bureau ("Bureau") on October 6, 1997. The Order established
minimum opening bids for the 800 MHz Specialized Mobile Radio (SMR) auction (Auction No. 16), which
was scheduled to begin on October 28, 1997.  For the reasons set forth below, we dismiss Nevada Wireless's
Petition and Stay Motion as moot. 

     2.  The Balanced Budget Act of 1997 directed the Commission to prescribe methods to establish
reasonable reserve prices or minimum opening bids for licenses subject to auction, unless the Commission
determined that such reserve prices or minimum opening bids are not in the public interest.  On September
12, 1997, the Bureau released a public notice requesting comment on the use of minimum opening bids and
reserve prices for Auction No. 16.  Subsequently, on October 6, 1997, after considering the comments
submitted, the Bureau released the Order adopting minimum opening bids. 

     3.  Nevada Wireless submits various arguments to support its contention that the Bureau acted
unlawfully in establishing minimum opening bids.  For example, Nevada Wireless claims that the Bureau's
actions in releasing the Order constitute an illegal delegation of authority on the part of the Commission. 
Nevada Wireless also believes that the Order is unlawful because it modifies procedures, such as the
establishment of upfront payments, that Nevada Wireless claims are in themselves violations of the
Commission's rules regarding delegated authority.  

     4.  The 800 MHz SMR auction, in which Nevada Wireless was a high bidder on 16 licenses, began
on October 28, 1997, and concluded on December 8, 1997.  Therefore Nevada Wireless's Petition and Stay
Motion are moot and we find it unnecessary to consider Nevada Wireless's arguments.  

     5.  IT IS ORDERED, pursuant to Sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. 
0.131 and 0.331, that Nevada Wireless's Emergency Petition for Reconsideration and Emergency Motion for
Stay ARE DISMISSED as MOOT.



                              FEDERAL COMMUNICATIONS COMMISSION



                              Gerald Vaughan
                              Deputy Chief, Wireless Telecommunications Bureau