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                                                           Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )    
                              )
Consortium Digital Microwave System          )    
                              )
Request for Waiver of Section           )
101.603(b)(1) of the Commission's Rules )

                             ORDER

   Adopted:  March 25, 1999               
     Released:  March 25, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

     1.   On February 23, 1999, Consortium Digital Microwave System (CDMS) filed a letter
requesting withdrawal of its Request for Waiver of Section 101.603(b)(1) of the Commission's Rules  (Request
to Withdraw).  For the reasons set forth herein, we grant CDMS's Request to Withdraw, and dismiss its
associated Request for Waiver.  We also dismiss as moot comments and reply comments filed in opposition
to CDMS's Request for Waiver.

     2.        By way of background, on November 4, 1998, CDMS, licensee of several private operational-
fixed point-to-point microwave (POFM) stations located in and around the Gulf of Mexico, filed a Request for
Waiver of Section 101.603(b)(1) of the Commission's Rules, 47 C.F.R.  101.603(b)(1).  Section
101.603(b)(1) prohibits the use of POFM stations for the provision of common carrier service.  CDMS sought
waiver of Section 101.603(b)(1) in order to, inter alia, permit commercial mobile radio service (CMRS)
carriers, and other common carriers, serving offshore platforms in the Gulf of Mexico, to utilize a portion of
CDMS's POFM facilities to provide voice and data communications to platforms in the Gulf of Mexico.  On
February 8, 1999, we released a Public Notice, seeking comment on CDMS's Request for Waiver. In response
to that Public Notice, we received Comments from BellSouth Cellular Corporation and Reply Comments from
PrimeCo Personal Communications, L.P.  On February  23, 1999, CDMS filed its Request to Withdraw,
explaining that it is engaged in private discussions to secure service at remote locations in the Gulf of Mexico,
and that if the discussions are successful, its need for waiver of Section 101.603(b) would be obviated. 
     


     3.   We find that grant of CDMS's Request to Withdraw is warranted under the circumstances
presented.  Further, we believe that this approach is the most prudent course of action because it will conserve
scarce Commission resources until such time as CDMS's need for a waiver is verified.
     
     4.   Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 5(c) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i), 155(c), the Request to Withdraw Request for Waiver of Section
101.603(b)(1), filed by Consortium Digital Microwave System, on February 23, 1999, IS GRANTED.

     5.   IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 5(c) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i), 155(c), the Request for Waiver of Section 101.603(b)(1), filed
by Consortium Digital Microwave System, on November 4, 1998, is DISMISSED.

     6.   IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 5(c) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i), 155(c), the Comments in Opposition by BellSouth Cellular
Corporation, filed February 23, 1999, and the Reply Comments of PrimeCo Personal Communications, L.P.,
filed March 5, 1999, are DISMISSED AS MOOT.  

     7.   This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
Commission's rules, 47 C.F.R.  0.131, 0.331.

                              FEDERAL COMMUNICATIONS COMMISSION




                              D'wana R. Terry
                              Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau