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                                                 Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

In re Applications of                        ) 
                                   )
MOBILETEL. INC.                         )      
                                   )
For Facilities in the Domestic Public        )  File No. 10538-CL-461-B-89
Cellular Radio Telecommunications Service    )
on Frequency Block B                    )
in Market 461, Louisiana 8 -- St. James      )
                                   )                        
                                   )                        
For Facilities in the Domestic Public        )  File No. 10539-CL-P-462-B-89    
Cellular Radio Telecommunications Service    ) 
on Frequency Block B                    )
in Market 462, Louisiana 9 -- Plaquemines    )

                                   ORDER

                                   Adopted:       October 20, 1997    ; Released:    October 21, 1997    

By the Assistant General Counsel:

     1. This order dismisses a Petition for Special Relief filed August 18, 1997 by
MobileTel,Inc. ("MobileTel"), which requests that the Commission reinstate MobileTel's
licenses to serve the Plaquemines and St. James RSAs.  BellSouth Mobility Inc. filed an
opposition to MobileTel's Petition on August 27, 1997; MobileTel filed a reply on September
9, 1997; and BellSouth filed a further response on September 23, 1997.

     2. In a previous order in this proceeding, the Commission dismissed MobileTel's
applications as unacceptable for filing and rescinded its licenses because, at the time it filed its
applications, MobileTel was not a wireline common carrier eligible for the Block B cellular
authorizations in question.  See MobileTel, Inc., 11 FCC Rcd 19098 (1996).  The court of
appeals affirmed the Commission's order.  See Mobiletel, Inc. v. FCC, 107 F.3d 888 (D.C.
Cir.), pet. for rehearing denied per curiam, 107 F.3d 897 (1997), pet. for cert. filed, July 28,
1997.  Mobiletel now argues in its Petition that the Commission's holding is inconsistent with
the decision in Algreg Cellular Engineering, 12 FCC Rcd 8148 (1997), because both cases
involve applicants which were in noncompliance with regulatory requirements that were
subsequently eliminated, but the Commission dismissed Mobiletel's applications whereas it did
not dismiss the offending application in Algreg.

     3. The Commission has no jurisdiction at this time to entertain MobileTel's request.
MobileTel did not seek timely reconsideration of the Commission's order, and it is too late to
do so now.  See 47 U.S.C. 405; 47 C.F.R. 1.106(f); Reuters Ltd. v. FCC, 781 F.2d 946,
951-52 (D.C. Cir. 1986); Woods Communications Group, Inc., FCC 97-320, released
September 12, 1997 11.  Furthermore, once a petition for review has been filed in court, the
Commission has no authority to conduct further proceedings unless the court orders a remand. 
See Greater Boston Television Corp. v. FCC, 463 F.2d 268, 283 (D.C. Cir. 1971), cert. denied,
406 U.S. 950 (1972).  If Mobiletel wishes to reopen the record, it must apply to the court for
such relief pursuant to 28 U.S.C. 2347(c).  Id.; New Radio Corp., 2 FCC Rcd 112 (1987)
(Commission policy is not to consider requests to remand court proceedings because parties
seeking remand should apply directly to the court); accord, White Mountain Broadcasting Co.,
Inc., 66 FCC2d 672, 673 (1977) (concurring statement).

     4. ACCORDINGLY, IT IS ORDERED That the Petition for Special Relief IS
DISMISSED.



                                   John I. Riffer
                                   Assistant General Counsel
                                   Administrative Law Division
                                   Office of General Counsel