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                                                                           DA 99-1571

                                       Released:  August 10, 1999

Sprint Spectrum and PrimeCo Personal Communications Dismissed As Parties to
           QUALCOMM's Pioneer's Preference Proceeding
                 (GEN Docket No. 90-314, PP-68)
  
By the Chief, Office of Engineering and Technology, and the General Counsel:

     1.   On February 25, 1997, we made Sprint Spectrum L.P. (Sprint), and PrimeCo
Personal Communications, L.P. (PrimeCo) parties to QUALCOMM, Incorporated's
(QUALCOMM's) pioneer's preference proceeding.  We explained that because the Court of
Appeals for the D.C. Circuit (Court) had recently vacated the Commission's decision to deny
QUALCOMM's application for a 2 GHz broadband Personal Communications Services (PCS)
pioneer's preference in the Southern Florida area, there was the possibility of a conflict between
QUALCOMM's application and the fact that the only two broadband PCS licenses in the Miami-
Ft. Lauderdale, Florida, Major Trading Area (MTA) had already been awarded to Sprint and
PrimeCo.

     2.   Subsequently, the Commission dismissed QUALCOMM's application for a
pioneer's preference; however, QUALCOMM appealed that dismissal, and the Court granted
QUALCOMM's petition for review.  In its decision, the Court stated: 

    The FCC's sole discretion on remand . . . was to fashion an appropriate remedy for
  QUALCOMM in view of the fact that the Miami-Fort Lauderdale MTA sought by
  QUALCOMM had been awarded as a result of an auction to Sprint.  QUALCOMM and 


  the intervenors [Sprint and PrimeCo] argued on remand, and the FCC did not claim to the 
  contrary, that the FCC had authority to grant QUALCOMM alternative relief.

      3.  On August 9, 1999, in compliance with the Court's decision, the Commission
released an Order granting QUALCOMM a pioneer's preference.  In the Order, the Commission
stated that it planned to act promptly to identify suitable frequency spectrum for an award of a
license to QUALCOMM.  

      4.  We agree with Sprint, PrimeCo, and QUALCOMM that the Commission has the
authority to grant QUALCOMM relief without rescinding, or otherwise adversely affecting, the
broadband PCS licenses held by Sprint and PrimeCo in the Miami-Fort Lauderdale MTA. 
Moreover, in its decision, the Court strongly suggested that it expects the Commission to grant
QUALCOMM relief without rescinding either of the Miami MTA licenses currently held by Sprint
and PrimeCo.  We also believe that the Commission at this point has no intention of taking a
license from either Sprint or PrimeCo in order to award a license to QUALCOMM.  Since there is
no longer any possibility that QUALCOMM's pioneer's preference will lead to the rescission of
any license held by Sprint or PrimeCo, we are hereby dismissing Sprint and PrimeCo as parties to
QUALCOMM's pioneer's preference proceeding.