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

                              
In the Matter of                )
                                )  Fee Nos. 9177648 et al.
Cellular Rural Service Area Applications)                   
in Market Nos. 599A and 672A    )


                             ORDER 


   Adopted:  April 29, 1999             Released:  April 29, 1999

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

     1.  In this Order, we dismiss pending Cellular Radiotelephone applications in two Rural Service Areas
(RSAs) in which no initial license has been awarded. Our reasons for dismissal are identical to those set forth
in the Wireless Telecommunications Bureau's prior order of April 2, 1999, in which we dismissed pending
cellular applications in six RSAs.  

     2. As in the RSA markets that were the subject of the Cellular RSA Dismissal Order, the applications
in the two RSAs at issue here were filed in anticipation of the Commission's awarding licenses for these
markets by lottery. After an initial lottery was conducted, however, the initial lottery winner in each market was
disqualified from receiving the license because of a successful petition to deny or other Commission action, and
the initial license was not awarded.  Thus, the applications remain pending.

     3.  As a result of the Balanced Budget Act of 1997, the Commission no longer has authority to use
lotteries to select among competing mutually exclusive applicants for initial licenses or construction permits. 
In the Cellular RSA Dismissal Order, we determined that in the absence of lottery authority, it was in the
public interest to dismiss without prejudice pending RSA applications that were filed under our former lottery
rules.   We take the same action here with respect to the two remaining RSA markets in which applications
are pending.  In addition, for the reasons stated in the Cellular RSA Dismissal Order, we conclude that these
RSA applicants, having participated in an initial lottery, do not qualify for refunds of their filing fees. 
     
     4.  Accordingly, IT IS ORDERED that, as of the adoption date of this Order, pursuant to Section
309(i)(5) of the Communications Act of 1934, 47 U.S.C. Section 309(i)(5), as amended by the Balanced
Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251 (1997), all pending cellular RSA applications in RSA
Market Nos. 599A and 672A, as set out in the attachment of this Order, ARE DISMISSED without prejudice. 

     5.  IT IS FURTHER ORDERED that no new applications for RSA Market Nos. 599A and 672A
will be accepted for filing until the Commission or the Wireless Telecommunications Bureau, acting under
delegated authority, announces new filing procedures.

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

                              FEDERAL COMMUNICATIONS COMMISSION




                              Steven E. Weingarten 
                              Chief, Commercial Wireless Division
                                                            Wireless Telecommunications Bureau


     The attachment will not be published in the FCC Record.  However, it may be viewed at the
Commission's web site at www.fcc.gov/Bureaus/Wireless/Orders/1999.