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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In re Application of ) ) TRIAD CELLULAR L.P. ) ) and ) File No. 02555-CL-AL-97 ) GCC LICENSE CORPORATION ) ) ) For Consent to the Assignment of KNKN334,) Market 652A; Texas RSA-1 -- Dallam ) ) ) ORDER Adopted: October 30, 1997 Released: October 30, 1997 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. Before us is a Petition to Deny (Petition) by Amarillo CellTelCo (Amarillo) filed on June 30, 1997 requesting that the Wireless Telecommunications Bureau deny or, in the alternative, hold in abeyance the application of Triad Cellular L.P. (Triad) to assign cellular station KNKN334, Market 652A, Texas RSA 1 -- Dallam, to GCC License Corporation, a subsidiary of Western Cellular Corporation (Western). Amarillo urges denial of this application based on its pending Application for Review challenging the prior assignment of the license to Triad, which Amarillo contends was in violation of the Commission's rules. For the reasons set forth below, the application of Triad to assign the Texas 1 license to Western is granted, but is expressly conditioned on and subject to the outcome of the Application for Review proceeding regarding the prior assignment to Triad. II. BACKGROUND 2. In 1991, NCPT Cellular, Inc. (NPCT) was awarded the Texas 1 license. On December 11, 1992, NCPT initiated bankruptcy proceedings in the United States Bankruptcy Court for the Northern District of Texas. As a result of the bankruptcy proceeding, Walter O'Cheskey (O'Cheskey) was appointed trustee for NCPT. O'Cheskey subsequently filed an application to assign the license to Triad, and Amarillo petitioned to deny the assignment. On February 24, 1994, the Mobile Services Division of the Common Carrier Bureau released an Order denying Amarillo's petition and granting the challenged assignment application. On March 8, 1994, Amarillo filed an Application for Review of the Division's Order, contending that the Division had ruled incorrectly and also exceeded its delegated authority. Amarillo's Application for Review is still pending before the Commission. III. DISCUSSION 3. In its Petition, Amarillo reiterates the arguments made in its pending Application for Review and argues that, given the pendency of its Application for Review, it "would be imprudent for the Commission to grant the [pending assignment] until [all] issues are finally and definitively determined." In their joint opposition, Triad and Western argue that the pending assignment of the license from Triad to Western is not the proper forum in which to resolve Amarillo's claims arising from the prior assignment of the license to Triad. According to Triad and Western, the Commission should immediately grant the assignment and resolve the Amarillo's contentions in the pending Application for Review proceeding. In the interest of expediting the matter, Triad and Western agree to accept a grant of the assignment of the Texas 1 license to Western conditioned upon the outcome of the Application for Review proceeding. 4. We see no reason to defer action on the above-captioned assignment application while Amarillo's Application for Review is pending. To the extent that Amarillo contends that the prior assignment of the license to Triad should not have been approved, its arguments can be fully addressed in the Application for Review proceeding and are not pertinent here. We emphasize that our approval of the assignment of the Texas 1 license to Western merely authorizes the parties to proceed with their transaction and does not foreclose any relief to which Amarillo might ultimately be entitled based on the Commission's ultimate decision in the Application for Review proceeding. Therefore, we expressly condition the assignment of the Texas 1 license to Western upon the outcome of the Application for Review proceeding. IV. CONCLUSION 5. Having reviewed the pleadings filed in this matter, we conclude that grant of the application of Triad Cellular L.P. to assign cellular station KNKN334, Market 652A, Texas RSA 1 -- Dallam, to GCC License Corporation, will serve the public interest, convenience, and necessity. We find no substantial and material questions of fact regarding GCC License Corporation's basic qualifications to be a Commission licensee. Accordingly, we deny Amarillo's Petition to Deny and conditionally grant Triad's application. V. ORDERING CLAUSES 6. In view of the foregoing, IT IS ORDERED, That, pursuant to Sections 4(i) and 309(b) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309(b), and Sections 0.331 and 22.132(b) of the Commission's Rules, 47 C.F.R.  0.331 and 22.132(b), the Petition to Deny filed by Amarillo CellTelCo on June 30, 1997, IS HEREBY DENIED. 7. IT IS FURTHER ORDERED, That, pursuant to Sections 4(i) and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 310(d), and Sections 0.331 and 22.137 of the Commission's Rules, 47 C.F.R.  0.331 and 22.137, the application to assign cellular station KNKN334 from Triad Cellular L.P. to GCC License Corporation IS HEREBY GRANTED. Grant of this assignment is subject to the following condition: This grant is without prejudice to the outcome of the pending Application for Review proceeding between Triad Cellular L.P. and Amarillo CellTelCo. This grant is further conditioned upon whatever action the Commission may deem necessary and appropriate as a result of the final determination in that proceeding. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau