PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 June 25, 1997 INTERNATIONAL BUREAU RESPONDS TO OMNIPOINT'S REQUEST FOR RULING TO PERMIT INCREASED FOREIGN OWNERSHIP IN PCS LICENSEES FROM INVESTORS IN WTO MEMBER COUNTRIES On June 23, 1997, the International Bureau released a letter from Peter F. Cowhey, Chief, International Bureau, declining to issue a broad ruling that would permit increased indirect foreign ownership in all broadband PCS licensees in the interim period until the Commission adopts new rules to implement the WTO agreement. The bureau, however, noted that applications for a waiver on a case-by-case basis would be considered. The Bureau noted that current Commission precedent requires that an applicant may not exceed the statutory benchmark "absent . . . [an] explicit notification and an express finding by the Commission that allowing the applicant to exceed the benchmark is in the public interest. . . ." Fox Television Stations, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8452, 8475 (1995) recon. denied 11 FCC Rcd 7773 (1996). The letter noted, however, that the Bureau cited the WTO Basic Telecom Agreement as an important public interest factor recently in granting the requests of two CMRS licensees to increase their foreign ownership in excess of 25 percent. See APC PCS d/b/a American Personal Communications, Declaratory Ruling and Order, File No.ISP-97-001 (IB, released May 16, 1997); MAP, Mobile Communications, Inc., Order, File No. ISP-96-008 (IB, released May 16, 1997). The Bureau's letter and the request from Mark J. Tauber and Mark J. O'Connor, Counsel for Omnipoint Corporation, to Peter F. Cowhey, Chief, International Bureau (dated June 3, 1997) are attached. For further information, contact Robert Calaff at (202) 418-0420 or Sherille Ismail at (202) 418-2792. -- FCC--