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

In the Matter of                )
                                )
GTE Airfone Incorporated        )
                                )
Petition for Waiver of          )
Section 20.15(d) of the         )
Commission's Rules              )
                                 


                             ORDER


   Adopted:  May 27, 1999               Released:  May 27, 1999


By the Deputy Chief, Wireless Telecommunications Bureau

     1.  On July 2, 1998, the Commission released its Memorandum Opinion and Order and Notice
of Proposed Rulemaking in WT Docket No. 98-100 in which it determined, among other things, to
forbear from enforcing the requirement that Commercial Mobil Radio Service (CMRS) providers file
tariffs except in those situations where a United States CMRS provider has a foreign affiliate.  See
Section 20.15(d) of the Commission's rules, 47 C.F.R.  20.15(d).  In the CMRS Order, the
Commission stated that the purpose of this rule is to enable it to determine the presence of any anti-
competitive price squeeze behavior by an CMRS provider.

     2.  On September 11, 1998, GTE Airfone Incorporated, (GTE Airfone) filed a petition for
waiver of section 20.15(d) of the Commission's rules for itself and its subsidiary GTE Railfone
Incorporated (GTE Railfone) to permit those companies to cancel each companies' tariff in its
entirety. GTE Airfone stated that through common ownership or control by GTE Corporation, GTE
Airfone and GTE Railfone are affiliated with the principal telecommunications providers in the
Dominican Republic (CODETEL) and Venezuela (CANTV). Therefore, according to GTE Airfone,
section 20.15(d) of the Commission's Rules requires GTE Airfone and GTE Railfone to maintain their
rates in tariffs for those two countries. GTE Airfone further stated that the rates for international calls
in the tariffs of GTE Airfone and GTE Railfone are "postalized", i.e., the same rate applies to calls
to any foreign country.

     4.  We find that GTE Airfone has met the standard for grant of its  petition for waiver of
section 20.15(d) of the Commission's rules.  Absent a waiver, GTE Airfone is required to file tariffs
for international calls to the Dominican Republic and Venezuela by GTE Airfone and GTE Railfone.
A request for a waiver of Commission rules must "set forth the reasons in support thereof including
a showing that unique circumstances are involved and that there is no reasonable alternative within
existing rules.  We find that unique circumstances exist here because GTE Airfone's rates for all
international calls are postalized. In addition, we find that because the routes in question comprise
only a very small part of the Airfone and Railfone service, there is no opportunity for anti-competitive
pricing behavior by GTE Airfone on those routes. Moreover, we note that by letter dated April 7,
1999, GTE Airfone affirmed its commitment to maintain postalized rates for both companies. 
Finally, there is no reasonable alternative to the filing of tariffs available to GTE Airfone. 
Accordingly, we will grant its petition for waiver.

     5.  Accordingly, IT IS ORDERED, that pursuant to section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C.  154(i), and section 0.331 of the Communication's rules, 47 C.F.R.
0.331, the petition filed by GTE Airfone Incorporated for waiver of the provisions of section 20.15(d)
of the Commission rules, 47 C.F.R.  20.15(d) IS GRANTED.

     6.  IT IS FURTHER ORDERED that this waiver is contingent upon GTE Airfone and GTE
Railfone maintaining postalized rates for international calls.

     7.  IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE upon release, in
accordance with section 1.103 of the Commission's rules, 47 C.F.R.  1.103.


               FEDERAL COMMUNICATIONS COMMISSION


                                              Gerald P. Vaughan
                                              Deputy Chief, Wireless Telecommunications Bureau