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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET, S.W.
WASHINGTON, D.C.  20554                                   DA 99-2767
News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


     Released:  December 9, 1999

                                
        WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT
ON OPCS THREE, LLC REQUEST FOR EXTENSION OF WAIVER OF SECTION 20.6
                   OF THE COMMISSION'S RULES
                                

Comment Date:  December 17, 1999
          
          On December 7, 1999, OPCS Three, LLC (OPCS) filed a request for extension of
waiver of the 45 MHz spectrum cap codified in section 20.6 of the Commission's rules.  OPCS was
the high bidder for C Block broadband Personal Communications Service (PCS) licenses for the
Detroit Basic Trading Area (BTA) and the Flint BTA in Auction No. 22; however, affiliates of OPCS
hold F Block PCS and E Block PCS licenses in the Detroit and Flint BTAs.  As a result, OPCS
currently holds attributable interests of 50 MHz in the Detroit and Flint BTAs in violation of the 45
MHz cap.  OPCS filed a waiver request of section 20.6 as part of its long-form application following
conclusion of Auction No. 22 (See File No. 0000012978), in which it sought a temporary waiver of
section 20.6's divestiture provisions pending the outcome of a decision in the Commission's spectrum
cap proceeding (WT Docket 98-205).  The Commission granted this waiver request and provided that
OPCS had 90 days following release of the final order in WT Docket 98-205 to take such actions as
necessary to come into compliance with the rules provided in that final order.  In the final order,
released September 22, 1999, the Commission retained the 45 MHz cap applicable to OPCS in the
instant situation.  Therefore, the 90-day period in which OPCS must comply with section 20.6
expires December 21, 1999.

          In the instant request, OPCS seeks to extend the December 21, 1999 deadline to
comply with section 20.6 to a date 90 days following closing of the proposed transfer of control of
OPCS's ultimate parent corporation, Omnipoint Corporation (Omnipoint), to VoiceStream Wireless
Corporation (VoiceStream).  As part of that proposed transaction, the E Block licenses for the
Detroit and Flint BTAs would be transferred from Omnipoint to VoiceStream.  (See File No.
0000016682.)  In addition, as a separate but related transaction, OPCS's C Block licenses for the
Detroit and Flint BTAs would be assigned to CIVS III (See File No. 0000016680), and the F Block
licenses currently held by an OPCS affiliate for the Detroit and Flint BTAs would be assigned to
CIVS II. (See File Nos. 0000016636 and 0000016641.)  In its transfer of control applications,
VoiceStream requested a temporary waiver of section 20.6 for those markets (including the Detroit
and Flint BTAs) in which it would exceed the 45 MHz spectrum cap once the transfer of control is
completed.  Specifically, VoiceStream requested 90 days following close of the underlying merger
to come into compliance with the divestiture requirements for those markets.  OPCS now seeks a
temporary waiver so that its deadline for coming into compliance with the spectrum cap for the
Detroit and Flint BTAs is the same deadline requested by VoiceStream for coming into compliance
with the cap for those markets.

          Interested parties may file comments on OPCS's Request for Extension of Rule
Waiver on or before December 17, 1999.  All comments should reference DA 99-2767 and should
be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W.,
TW-A325, Washington, D.C.  20554.  A copy of each filing should be sent to Office of Public
Affairs, Reference Division, 445 12th Street, S.W., Room CY-A257, Washington, D.C.  20554 and
to International Transcription Services, Inc. (ITS), 445 12th Street, S.W., CY-B402, Washington,
D.C.  20554, (202) 857-3800.  In addition, parties should send two copies to John Branscome,
Wireless Telecommunications Bureau, 445 12th Street, S.W., Room 4-C488, Washington, D.C. 
20554.

          The full text of OPCS's Request for Extension of Rule Waiver and comments are
available for inspection and duplication during regular business hours in the Commission's Reference
Center, 445 12th Street, S.W., CY-A257, Washington, D.C.  20554.  Copies may also be obtained
from ITS, 445 12th Street, S.W., CY-B402, Washington, D.C.  20554, (202) 857-3800.

          Ex parte presentations in this proceeding will be governed by the procedures set forth
in section 1.1206 of the Commission's rules.

          For further information, contact John Branscome, Commercial Wireless Division,
Wireless Telecommunications Bureau, at (202) 418-7240.
     
                                  - FCC -