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                                                                DA-952242
                                                         October 30, 1995

   U.S. Supreme Court Dissolves Sixth Circuit Stay of C Block Auction
                 C Block Auction to Proceed On Schedule

       Today, the full U.S. Supreme Court denied Radiofone's request to reinstate the Sixth
Circuit Court of Appeals' stay of the auction for C block licenses in the Broadband Personal
Communications Service (PCS).  This Public Notice announces that the Commission will go
forward with the C block auction as anounced in the October 6, 1995 Public Notice.  In
particular, the deadline for the FCC Form 175 remains Monday, November 6, 1995, upfront
payments are due November 27, 1995, and the auction will commence on Monday,
December 11, 1995.  This also provides further notice to potential bidders concerning
challenges to certain Broadband PCS rules.

       On October 18, 1995, the United States Court of Appeals for the Sixth Circuit stayed
the FCC from "taking any action in furtherance of the C block auction pending further order
of this court."  Cincinnati Bell Telephone Co. (Nos. 94-3701, 95-3023); BellSouth
Corporation (Nos. 94-4113, 95-3315); and Radiofone, Inc. (No. 95-3238) v. FCC (6th Cir.
1995)(Order Granting Motion for Stay, October 18, 1995).  In this case, Radiofone
challenges Section 24.204 of the Commission's Rules (the "PCS/cellular cross-ownership
rule"), which limits the amount of Broadband PCS spectrum that a cellular licensee can
acquire in its cellular market.  Other parties, including Cincinatti Bell, have challenged other
aspects of the rule, including  24.204(d)(2)(ii), which restricts entities holding attributable
cellular interests of 20 percent or more from obtaining more than 10 MHz of PCS spectrum
in their cellular service area. 

       On Tuesday, October 25, 1995, Justice Stevens, Circuit Justice for the Sixth Circuit,
vacated the stay after finding that "the harm to the public caused by a nationwide
postponement of the auction would outweigh the possible harm to [Radiofone]."  On October
30, 1995, the full U.S. Supreme Court declined to overturn Justice Stevens' Order dissolving
the Sixth Circuit's stay.

       A decision on the merits of the challenges to the PCS/cellular cross-ownership and
attribution rules is still pending in the Sixth Circuit.  See Supplemental Bidder Package at 23. 
In addition, appeals of certain aspects of the Commission's Sixth Report and Order are
pending in the D.C. Circuit Court of Appeals.  Omnipoint Corp., et al. v. FCC, Nos. 95-
1374 et al. (D.C. Circuit); see Supplemental Bidder Package at 22.

Action by the Chief, Wireless Telecommunications Bureau.

For Further Information, contact:
Jackie Chorney -- Wireless Telecommunications Bureau (202) 418-0600
Peter Tenhula --   Office of the General Counsel (202) 418-1700
Stacey Reuben Mesa -- News Media Contact (202) 418-0654