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

In re Application of                 )
                                     )
COLORADO RSA 7(B)(2)                 )  File No. 01131-CL-P2-96
LIMITED PARTNERSHIP                 )
                                     )
For Phase II Cellular Unserved Area,         )
Market Nos. 354(B), Colorado 7 - Saguache         )                   
RSA, and 356(B), Colorado 9   Costilla RSA        )


                             ORDER

   Adopted:  February 22, 2000          Released:  February 23, 2000

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

     1.                                 In this Order, we reconsider the Order
released by the Commercial Wireless Division on September 4, 1998, which granted the Petition to Dismiss
or Deny filed on January 30, 1996 by CommNet Cellular, Inc. and its wholly owned subsidiary Cellular Inc.
Network Corporation (collectively, CINC), and dismissed the above-captioned Phase II cellular unserved
area application (Application) of Colorado RSA 7(B)(2) Limited Partnership (7(B)(2) Partnership).  As
explained below, we reverse the September 4, 1998 Order and grant 7(B)(2) Partnership's above-captioned
Application.

     2.   Colorado 7 Saguache Limited Partnership (Saguache Partnership) and 7(B)(2) Partnership
are adjacent licensees.  Grant of  the above-captioned application would authorize 7(B)(2) Partnership to
establish a cellular geographic service area (CGSA) that overlaps Saguache Partnership's CGSA.  Sections
22.912(b) and (c) of the Commission's rules require the consent of the adjacent licensee for service area
boundary (SAB) extensions into its CGSA.  Likewise, section 22.911(d)(2)(i) requires the written consent
of the adjacent licensee if the SAB of one cellular system will overlap the CGSA of another system.  In
7(B)(2) Partnership's Emergency Request to Rescind Order (Emergency Request), filed on Septemer 11,
1998, it argues that the September 4 Order erroneously states that CINC held a controlling interest in the
Saguache Partnership, and thus the subject application was defective because it did not contain CINC's
consent.  Upon further review, we find that CINC does not hold a controlling interest in the Saguache
Partnership.  In fact, both  CINC and 7(B)(2) Partnership state in various pleadings that Blanca Telephone
Company and Columbine Limited Partnership control the Saguache Partnership.  Therefore, because CINC
does not control the Saguache Partnership, and because Saguache Partnership has consented to 7(B)(2)
Partnership's proposed overlap of its CGSA, the Application is not in violation of section 22.911(d)(2)(i) or
sections 22.912(b) and (c) of the Commission's rules, and thus is not defective.  We therefore reverse our
decision of September 4, 1998 and grant the above-captioned Application. 

     3.   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 Commission's rules, 47 C.F.R.  0.331, the
Application of Colorado RSA 7(B)(2) Limited Partnership for Phase II Unserved Area , Market Nos.
354(B), Colorado 7   Saguache RSA, and 356(B) Colorado 9   Costilla RSA, filed on November 20, 1995,
IS GRANTED.
 
     4.   IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and sections 0.331 and 1.106 of the
Commission's rules, 47 C.F.R.  0.331, 1.106, the Emergency Request to Rescind Order filed by Colorado
RSA 7(B)(2) Limited Partnership on September 11, 1998, IS GRANTED.    
     


                                                       FEDERAL
COMMUNICATIONS COMMISSION



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