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

In re Application of            )
                                )
Solana Cellular Partnership     )       File No. 10149-CL-P-297-B-94
                                )
Phase I Unserved Area Application)
for Market No. 297B, Great Falls,)      
Montana MSA                     )
                                 
                                 
                             ORDER


   Adopted:  June 15, 1999              Released:  June 15, 1999 

By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau:

                 I. INTRODUCTION AND BACKGROUND
                                
     1.  In this Order, we grant Cellular Inc. Network Corporation's (CINC) Petition to Dismiss or Deny
(Petition) the Solana Cellular Partnership's (Solana) Phase I cellular unserved area application (Application). 
CINC argues that Solana's proposed cell site would extend into CINC's cellular geographic service area
(CGSA) in violation of the versions of sections 22.903(d)(3)(i) and 22.903(f)(2)(ii) of the Commission's rules
that were in effect on the date the Application was filed.  For the reasons set forth below, we grant the Petition,
and dismiss the Application.

     2.  CINC is the cellular licensee of Market Number 297B, serving the Great Falls, Montana MSA
(Great Falls MSA).  On January 11, 1993, CINC filed with the Commission a System Information Update
(SIU), pursuant to section 22.925 of the Commission's rules for its Great Falls MSA Frequency Block B
cellular system.   Solana filed its Phase I Application in May 1993.  However, shortly after Solana filed its
Phase I Application, CINC discovered that its January 11, 1993 SIU incorrectly depicted its CGSA.  On
September 13, 1993, CINC filed a "Corrected Updated System Coverage Map" (corrected SIU), which
correctly depicted the 32 dBu contours for all of the cells in its Great Falls MSA system.  On March 16, 1995,
CINC filed its Petition.

                         II. DISCUSSION

      3.  CINC argues that Solana's Application should be dismissed as defective because it proposes a
CGSA that extends into CINC's CGSA in violation of the versions of sections 22.903(d)(3)(i) and
22.903(f)(2)(ii) of the Commission's rules that were in effect on the date Solana's Application was filed.  In
response, Solana argues that it justifiably relied on the contours depicted in CINC's January 11, 1993 SIU map
and that it should not have been required to recalculate or recompute CINC's service contours before filing its
Application.

     4.  We reject Solana's arguments.  Section 22.903(d)(3)(i), which was in effect on the date Solana's
Application was filed, stated that "the service area boundaries of the cells [proposed in an unserved area
application] must not extend into the CGSA of any other licensee's cellular system on the same frequency
block."  Section 22.903(f)(2)(ii), which also was in effect on the date Solana's Application was filed, stated
that cellular licensees are "entitled to have a CGSA free of service area boundary extensions from other cellular
systems on the same frequency block."  The Commercial Wireless Division's Licensing and Technical
Analysis Branch performed an interference study and determined that Solana's Application proposes an
extension into CINC's CGSA in violation of sections 22.903(d)(3)(i) and 22.903(f)(2)(ii) of the Commission's
rules.  Pursuant to Commission policy, Phase I applicants are required to determine the availability of unserved
areas within the frequency blocks of specific markets by researching the Commission's station files and
reviewing the cellular SIU maps filed by incumbent licensees.  Because Solana relied solely upon CINC's
erroneous depiction of its CGSA in its January 11, 1993 SIU, Solana's Application proposes a prohibitive
extension into CINC's CGSA.  Solana's Application is, therefore, defective and is hereby dismissed.

                     III. ORDERING CLAUSES

     5.  ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i) and 309(d) of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 309(d), and section 22.130 of the
Commission's rules, 47 C.F.R.  22.130, the Petition to Dismiss or Deny, filed by Cellular Inc. Network
Corporation on March 16, 1995, IS HEREBY GRANTED.

     6.  IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i) and 309(d), and sections 22.128 and 22.903(d)(3)(i) of the
Commission's rules, 47 C.F.R.  22.128, 22.903(d)(3)(i) (1994), the Phase I cellular unserved area
application of Solana Cellular Partnership, filed in May 1993, IS HEREBY DISMISSED.



                              FEDERAL COMMUNICATIONS COMMISSION



                              Paul D'Ari
                              Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau