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

Champion Communications Services, Inc.  )
1610 Woodstead Court - Suite 330   )    File Nos.      D115683
The Woodlands, Texas 77380         )              D118478
                                   )              D118521
                                   )
Request for Waiver of Freeze for   )
New Application for the single-channel  )
conventional 800 MHz Specialized Mobile )
Radio radio stations serving                 ) 
Fresno and Visalia, California     )
                                 

                             ORDER


   Adopted:  October 29, 1999           Released:  October 29, 1999

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

                          I.  Background

     1.  We have before us three waiver requests filed by Champion Communications Services, Inc.
("Champion") pursuant to Section 90.151 of the Commission's Rules.  Each request seeks a waiver of the
freeze on new applications for a single-channel conventional 800 MHz radio station using frequency
channels in the General Category.  For the reasons stated below, we deny the three waiver requests and
dismiss the applications.

     2.  In accordance with Section 90.151 of the Commission's rules, the Commission will grant a waiver
if the party requesting the waiver shows that (1) the underlying purpose of the rule would not be served or
would be frustrated by its application to the instant case and that a grant of the waiver would be in the public
interest; or (2) in view of the 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.  

     3.  On October 4, 1995, the Wireless Telecommunications Bureau ("Bureau") imposed a freeze on
the filing of applications for General Category channels.  The Bureau took this action to ensure that the
successful resolution of the spectrum allocation issues raised in the proceeding concerning future
development of SMR Systems in the 800 MHz Frequency, including those operating on General Category
Frequency Channels,  would not be compromised.

     4.  Champion's  three requests, dated September 2, 1998, November 3, 1998, and November 24,
1998, are virtually identical and they involve two communities, Fresno and Visalia, which are located in
northern California.  Champion states that its situation in northern California is unique because it is one of
only a few radio service dispatch providers and provides service to over six hundred customers.  According
to Champion, its customers have requested that it increase its service area.  In support of its waiver requests,
Champion argues that the frequency channel proposed in each application is not being used efficiently.  By
grant of the waiver requests, Champion states that it will provide better service to its customers without
adversely affecting any co-channel licenses located within seventy miles of the proposed station, will not
deprive the Commission of any licensing opportunity within the proposed area, and is consistent with the
Commission's waiver decisions in similar cases.

                         II.  Discussion

     5.  After careful consideration of Champion's requests, we conclude that they should not be granted. 
Champion provides no evidence that the co-channel licensees are not using the channels efficiently nor does
it identify the co-channel licensees.  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 Champion has presented unique or unusual
factual circumstances sufficient to justify grant its waiver request.   

                         III. Conclusion

     6.  For the above stated reasons, we conclude that we cannot grant Champion's three waiver requests. 
Accordingly, we dismiss Champion's three applications for single-channel conventional 800 MHz radio
stations. 

                      IV.  Ordering Clauses

     7.   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 0.331 and 90.151 of the Commission's Rules, 47
C.F.R.  0.331 and 90.151, the requests for waiver filed by Champion Communications Services, Inc. on
September 2, 1998, November 3, 1998, and November 24, 1998, ARE DENIED.

     8.  IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934,
as amended, 47 U.S.C.  154(i), and Sections 0.331 and 90.139(c) of the Commission's Rules, 47 C.F.R. 
0.331 and 90.139(c), the applications filed by Champion Communication Services, Inc. on September 2,
1998, November 3, 1998, and November 24, 1998, ARE DISMISSED. 

     

                         FEDERAL COMMUNICATIONS COMMISSION  




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