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



In the Matter of                   )
                              )
MAP MOBILE COMMUNICATIONS, INC.    )     
                              )    
Request for Waiver of                   )
the Criteria 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 April 11, 1994, MAP Mobile Communications, Inc. (MAP) filed a request for a
waiver of subsections 90.495(a)(1)(i)(A) and (B) of the Commission's rules, which provide 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 contiguous transmitters, and each transmitter must be located within
25 miles (40 kilometers) of at least one other transmitter in the system.  In addition, the combined areas
defined by a 12.5 mile radius around each transmitter must form a single contiguous area.  MAP
requests a waiver because one of its transmitters is more than 25 miles distant from the next closest
transmitter in its system, and the combined areas defined by a 12.5 mile radius around each of its
transmitters does not form a single contiguous area.  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.  MAP provides general statements in its request that a waiver of
the criteria for local exclusivity is appropriate in this instance because its proposed system is consistent
with the intent of Commission objectives and policies.  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 MAP 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 MAP Mobile
Communications, Inc. on April 11, 1994, IS DENIED.

     

                              FEDERAL COMMUNICATIONS COMMISSION




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