PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL RADIO SERVICES INFORMATION CLARIFICATION OF DISMISSAL OF MOBILETEL, INC'S PHASE 1 RSA APPLICATION FOR MARKET 462B AND TREATMENT OF MARKETS 461B AND 462B AS PHASE 1 UNSERVED AREAS Report No. CL-97-39 February 28, 1997 In Public Notice Report No. CL-97-33 released February 14, 1997, the Commission identified the tentative selectee in Rural Service Area (RSA) Louisiana 8-St. James (Market 461B) and Rural Service Area (RSA) Louisiana 9-Plaquemines (Market 462B) as BellSouth Mobility, Inc. (Bell South) and recognized the full market settlement between Bell South and Columbia Cellular, Inc. that left Louisiana RSA No. 8 Limited Partnership as the remaining applicant in Market 461B. As a result of the above, the Commission clarifies that the tentative selectee in Market 461B is Louisiana RSA No. 8 Limited Partnership (Louisiana) and that the tentative selectee in Market 462B is Bell South. Pursuant to Mobiletel, Inc., Memorandum Opinion and Order, FCC 96-345, released August 14, 1996, the Commission instructed the staff (Wireless Telecommunications Bureau) to conduct the licensing process expeditiously so that the period of MobileTel, Inc's (MobileTel's) interim operating authority will be for as short a period of time as possible. In compliance with this instruction, Louisiana and Bell South's applications will be treated as Phase 1 applications and the tentative selectees will have twelve (12) months to commence service from license grant. In addition, the Commission hereby accepts the contingent major amendments filed by Louisiana and Bell South for Markets 461B and 462B, respectively, as modifications to their Phase I Unserved Area applications now pending. These major amendments are being filed to ensure continuity of cellular service to the existing customer base in Markets 461B and 462B, since Louisiana and Bell South are replacing MobileTele's existing cellular systems that no longer coincide with the initial applications filed in Markets 461B and 462B. Accordingly this treatment is consistent with our practice when an initial cellular lincense is returned or terminated due to error in initial award. In Public Notice Report No. CL-97-34 released February 14, 1997, the Commission stated that MobileTel's Phase 1 Unserved Area application for Market No. 462B in the Louisiana 9 - Plaquemines did not comply with Section 22.949(a)(1)(iii) of the Commission's Rules, 47 C.F.R.  22.949(a)(1)(iii) and was dismissed pursuant to Section 22.128(d)(2) of the Commission's Rules, 47 C.F.R.  22.128 (d)(2). However, since the Commission is treating the applications of each tentative selectee in Markets 461B and 462B as Phase I Unserved Area applications, the Commission clarifies that MobileTel's Phase 1 Unserved Area application for Market 462B is dismissed. The previous basis for dismissal of MobileTel's Phase 1 Unserved Area application is corrected and the dismissal is based upon implementation of the Commission's decision in Mobiletel, Inc. to ward licenses in Markets 461B and 462B. Since this Public Notice merely clarifies matters previously set forth in Public Notice Report No. CL-97-33 and Public Notice Report No. CL-97-34, (Public Notices) the time to file Petitions to Deny remain unchanged and must be filed within thirty (30) days after the date of the previously released Public Notices. If you have any questions, you may call Chris White at (202) 418-0620 or Michael Kleeb at (202) 530-6140. -FCC-