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

In the Matter of                )
                                )
Iridium, U.S., L.P., Motorola Cellular)
Service, Inc., and Motorola Worldwide)
Information Network Services    )
                                )
Petition for Waiver of Section 20.15(d))
of the Commission's Rules       )
                                 

                             ORDER


   Adopted:  August 23, 1999            Released:  August 23, 1999

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

     1.  On July 2, 1998, the Commission released a 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 Mobile Radio Service (CMRS) providers file tariffs
except in those situations in which 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 Forbearance Order, the
Commission stated that the purpose of this exception is to enable it to determine the presence of any "anti-
competitive price squeeze behavior" by a CMRS provider affiliated with a foreign carrier.

     2.  On July 9, 1999, Iridium U.S., L.P., Motorola Cellular Service, Inc., and Motorola Worldwide
Information Network Services, Inc. filed a petition for waiver of section 20.15(d) of the Commission's
rules, 47 C.F.R.  20.15(d), to permit cancellation of each company's tariff in its entirety for international
service to the Dominican Republic.  For the reasons discussed below, we grant the petition for waiver.

     3.  In their petition, the petitioners state that they are all affiliated with Motorola, Inc., which in
turn is affiliated with Tricom, S.A., a non-dominant telecommunications provider in the Dominican
Republic.  They further mention that the international resale rates which petitioners charge or will charge
for services to the Dominican Republic are the same as rates to many other countries in the Caribbean
Basin and elsewhere in North America and the rest of the world.  Therefore, according to petitioners, their
rate plans are postalized with no unique rate to the Dominican Republic.  Petitioners further state that this
route comprises only a very small part of their services, allowing no opportunity for anti-competitive
pricing behavior.  Finally petitioners state that they have no intention of changing their rates to favor
service to the Dominican Republic, whether such service is provided through Tricom, S.A. or any other
Dominican Republic service entity.

     4.   We find that petitioners have met the standard for the grant of their petition for waiver of
section 20.15(d) of the Commission's rules.  Absent a waiver, petitioners are required to file tariffs for
international calls to the Dominican Republic due to their affiliation with Tricom, S.A.  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 petitioners' rates for international calls are postalized.  In addition,
we find that because the routes in question comprise only a very small part of each petitioner's service and
their affiliation is with a non-dominant carrier, there is no opportunity for anti-competitive pricing behavior
by petitioners for this destination.  Moreover, we note that the petitioners state their intention to maintain a
postalized rate structure for the Dominican Republic.  Finally, there is no reasonable alternative to the
filing of tariffs available to petitioners.  Accordingly, we will grant the 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 Iridium, U.S., L.P., Motorola Cellular Service, Inc., and Motorola Worldwide
Information Network Services for waiver 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 petitioners 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  
     


                                      

                                   William W. Kunze
                                                       Deputy Chief, Commercial Wireless Division
                                   Wireless Telecommunications Bureau