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                         Before the
                   Washington, D.C. 20554

In the Matters of                 )
CITY  PAGE &  CELLULAR SERVICES,  )    File No. EB-02-IH-0889
INC                               )    NAL/Acct. No. 200332080003
d/b/a CITY BEEPERS                )    FRN 0007686363
                                 )    File No. EB-02-IH-0890
GABRIEL WIRELESS, LLC             )    NAL/Acct. No. 200332080004
                                 )    FRN 0001732387
                                 )    File No. EB-02-IH-0891
GOLDEN ARROW PAGING, INC.         )    NAL/Acct. No. 200332080005
                                 )    FRN 0001636554
                                 )    File No. EB-02-IH-0892
SELECTPATH HOLDING, INC.          )    NAL/Acct. No. 200332080006
                                 )    FRN 0001610013
                                 )    File No. EB-02-IH-0893
TELEPHONE & TWO-WAY INC.          )    NAL/Acct. No. 200332080007
                                 )    FRN 0002931608
                                 )    File No. EB-02-IH-0895
WHARTON TELECOM HOLDINGS, INC.    )    NAL/Acct. No. 200332080009
                                 )    FRN 0005910450
Applicants      for     Wireless  )
Telecommunications  Bureau Radio 
Service Authorization             


Adopted:  October 22, 2003                                
Released:  October 23, 2003

By the Chief, Enforcement Bureau:

     1.  On December 27, 2002, the Enforcement Bureau 
released notices of apparent liability for forfeiture (each 
an ``NAL'') 1 against each of the captioned parties, all 
winning bidders in the 
Commission's Lower and Upper Paging Bands Auction (``Auction 
No. 40''), for their failure to timely file their ``long-
form'' auction applications (FCC Form 601) and accompanying 
ownership reports (FCC Form 602) following completion of the 
auction, in apparent violation of Sections 1.2107(c) and 
1.2107(f) of the Commission's rules.2  In response to 
issuance of the NALs several of the parties3 argued that the 
Wireless Telecommunications Bureau  (``WTB'') granted the 
waiver requests submitted with their late-filed long-form 
applications and ownership reports and, as a consequence, 
waived application of  Section 1.2107(c) of the Commission's 

     2.  As noted in responses to the NALs, on December 23, 
2002, WTB granted the companies waivers of Section 1.2107(c) 
of the Commissions rules.  Under the facts and circumstances 
of these cases and the basis of the waivers, as described in 
the WTB waiver order,5 we conclude that imposition of a 
forfeiture against these companies is not warranted."

     3.  Accordingly, pursuant to Section 4(i) and (j) of 
the Communications Act of 1934, as amended,6 and Sections 
0.111 and 0.311 of the Commission's rules,7 the 
aforementioned notices of apparent liability for forfeiture 
are, hereby, cancelled.


                         David H. Solomon
                         Chief, Enforcement Bureau 

1See In re  City Page & Cellular Services,  Inc. d/b/a City 
Beepers, 17 FCC Rcd 26,214  (2002); In re Gabriel Wireless, 
LLC, 17 FCC  Rcd 26,223 (2002); In re  Golden Arrow Paging, 
Inc., 17  FCC Rcd 26,231(2002);  In  re SelectPath Holding, 
Inc., 17 FCC  Rcd 26,239 (2002); In re  Telephone & Two-Way 
Inc.,  17 FCC  Rcd  26,247 (2002);  In  re Wharton  Telecom 
Holdings, Inc.,  17 FCC Rcd  26,263 (2002). See also  In re 
UHF-DE, LLC, 17 FCC Rcd 26,255 (2002)(forfeiture paid).   

2 47 C.F.R.  1.2107(c), 1.2107(f).

3 See, e.g.,  letter, dated January 27,  2003, from Kenneth 
E.  Harman,  counsel  for  Gabriel Wireless,  LLC,  to  Ms. 
Marlene  H.   Dortch,  Secretary,   Federal  Communications 

4 See In re City Page & Cellular Services, Inc., et al., 17 
FCC Rcd 26,109 at  (2002)

5 Id.

6 47 U.S.C. 4(i) and (j).

7 47 C.F.R  0.111, 0.311.