Report No. CC-579 COMMON CARRIER ACTION July 5, 1994 COMMISSION AFFIRMS DISMISSAL OF SACRAMENTO RSA LIMITED PARTNERSHIP'S APPLICATION FOR CELLULAR SERVICE AT TEXAS 21 (CHAMBERS) RSA The FCC has affirmed the dismissal of Sacramento RSA Limited Partnership's cellular application for violating the alien ownership rules. Sacramento sought reconsideration of the Commission's decision. Sacramento was selected first in the lottery for the Texas 21 (Chambers) Rural Service Area. The Common Carrier Bureau's Mobile Services Division dismissed Sacramento's application because it violated the Communications Act of 1934 and the Commission's rules which prohibit a partnership that has an alien limited partner that is involved in management or control of the business from holding a Commission license. Seeking reconsideration, Sacramento contended that its argument that its alien limited partner was insulated from management and control of the partnership was not fully considered. The Commission found that Sacramento had not presented any basis for reconsideration of its previous decision. Based upon its review of the record, the Commission determined that under its Attribution Rules, the alien partner was not insulated from control. The alien partner is in a position to control certain aspects of the partnership and the partnership agreement does not limit these powers to the extent necessary for the Commission to consider him adequately insulated. The other factors proffered by Sacramento do not change its conclusion, the Commission said. Action by the Commission June 13, 1994, by Memorandum Opinion and Order (FCC 94-159). Chairman Hundt, Commissioners Quello and Barrett, with Commissioners Ness and Chong not participating. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Common Carrier Bureau contact: Joseph Weber or Geraldine Matise at (202) 418-1300.