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


In the Matter of                        )
                                   ) 
Construction Requirements for                )
Metropolitan Trading Area-based Licenses in the   )
896-901/935-940 MHz Band                )
                                   )   


                             ORDER


Adopted:   August 9, 1999                         Released:  August 9, 1999

By the Chief, Wireless Telecommunications Bureau:   

     1.  In this Order, the Wireless Telecommunications Bureau (Bureau), on its own motion, waives in
part section 90.665(c) of the Commission's rules.  Specifically, for those Metropolitan Trading Area-based
licensees in the 896-901/935-940 MHz band ("900 MHz MTA licensees) who elect the substantial service
option at the three year construction benchmark, we waive the requirement that they file a showing with the
Commission on how they expect to demonstrate substantial service at the five year construction deadline.

     2.  Section 90.665(c) of the Commission's rules requires a 900 MHz MTA licensee to construct
and place into operation a sufficient number of base stations to provide coverage to at least one-third of the
population of its MTA within three years of license grant, and to at least two-thirds of the MTA population
within five years of license grant.  Alternatively, an MTA licensee may demonstrate, through a showing to
the Commission, that it is providing substantial service.  Therefore, at the three year construction
benchmark, an auctioned 900 MHz licensee must either notify the Commission that it has met the
population requirements or make an election to provide substantial service to its MTA by the five year
construction deadline.  If a licensee chooses substantial service, it must also indicate to the Commission
how it expects to demonstrate substantial service at the five year construction deadline.

     3.  Pursuant to section 1.925(a) of the Commission's rules, the Commission may waive specific
requirements of the rules on its own motion.  By this Order, we grant a waiver of the requirement that 900
MHz MTA licensees show, at their three year construction benchmark, how they plan to demonstrate
substantial service at their five year benchmark.  We believe that this requirement is unduly burdensome
because, although a number of wireless services permit carriers to elect substantial service in lieu of
specific coverage requirements, the rules for other wireless services do not require licensees to make a
showing of substantial service prior to the expiration of the construction period.  Moreover, we find that
granting this waiver is in the public interest because it removes the potential inflexibility of requiring
licensees to articulate a plan for achieving substantial service two years before they must actually satisfy
that requirement.
     4.  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 sections 0.131, 0.331 and 1.925 of the Commission's rules, 47
C.F.R.  0.131, 0.331, 1.925, Metropolitan Trading Area-based licensees in the 896-901/935-940 MHz
band who elect the substantial service option are granted a waiver of the requirement that they demonstrate
at the three year construction benchmark how they will meet the substantial service requirement at the five
year construction deadline. 



                              FEDERAL COMMUNICATIONS COMMISSION



                              Thomas J. Sugrue
                              Chief 
                              Wireless Telecommunications Bureau