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



In the Matter of                   )
                              )
ABC CELLULAR CORPORATION      )     
                              )    
Request for Waiver of                   )
Distance Separation Standards           )    
for Local Channel Exclusivity           )                   
in the 929-930 MHz Band            )
                              )     


                             ORDER 


   Adopted:  September 29, 1999         Released:  September 29, 1999

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

     1.   On January 31, 1994, ABC Cellular Corporation (ABC), filed a request for a waiver of
section 90.495(a)(1)(i)(A) of the Commission's rules, which provides that for applicants for paging
stations in the 929-930 MHz band to be eligible for local channel exclusivity, their systems must consist
of at least six continguous transmitters, and each transmitter must be located within 25 miles (40
kilometers) of at least one other transmitter in the system.  ABC requests a waiver because two of its
transmitters are more than 40 miles distant from the next closest transmitter in its system, with one site
located 43.11 miles and the other site located 52.24 miles distant.  For the reasons discussed below, we
deny the waiver request.
  
     2.   In accordance with section 22.119 of the Commission's rules, a waiver request may be
granted if it is shown that (1) the underlying purpose of the rule would not be served, or would be
frustrated by application to the instant case, and that a grant of the requested waiver would be in the
public interest; or (2) in view of unique or unusual factual circumstances of the instant case, application
of the rule would be inequitable, unduly burdensome or contrary to the public interest, or that the
applicant has no reasonable alternative.  ABC provides general statements in its request that a waiver of
the distance separation standards is "appropriate in this instance due to the unusual terrain characteristics
in the South Florida region," specifically "swamp-like terrain and crop land with no electricity."  On the
basis of the record before us, we are neither persuaded that grant of this waiver would be in the public
interest, nor do we find that ABC has presented unique or unusual factual circumstances sufficient to
justify grant of its waiver request.

     3.   Accordingly, IT IS ORDERED that, pursuant to authority delegated by section 4(i) of
the Communications Act, as amended, 47 U.S.C.  154(i), and by sections 0.331 and 22.119 of the
Commission's rules, 47 C.F.R.  0.331, 22.119, the waiver request filed by ABC Cellular Corporation
on January 31, 1994, IS DENIED.

     

                              FEDERAL COMMUNICATIONS COMMISSION




                              Cynthia S. Thomas
                              Deputy Chief, Policy and Rules Branch
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau