November 13, 1995

        FCC Will Proceed with C Block Auction on Schedule

Applications With Waiver Requests On File Are Accepted Conditionally

     The Commission will proceed with the broadband Personal Communications Service
(PCS) auction for the C block on December 11, 1995. On November 9, 1995, the U.S. Court of
Appeals for the Sixth Circuit issued a ruling that instructs the Commission to reconsider the
PCS-cellular cross-ownership rule (Section 24.204(a)-(f), 47 C.F.R. 24.204(a)-(f)) and the
cellular ownership attribution provisions of that rule (Section 24.204(d)(2)(ii), 47 C.F.R.
24.204(d)(2)(ii)). Cincinnati Bell Telephone, et al. v. FCC, Nos. 94-3701/4113; 95-3023/3238/3315 (6th Cir. Nov. 9, 1995). The Court did not disturb the 45 MHz limit on the
amount of Commercial Mobile Radio Service spectrum that can be held in a geographic market
(Section 20.6(a), 47 C.F.R. 20.6(a)).

     In light of the Sixth Circuit's decision, applicants (such as Radiofone, Inc.) that filed
timely applications and requests seeking a waiver of the PCS-cellular cross-ownership rule and
the 45 MHz limit will be allowed to participate in the C block auction on a conditional basis.
That is, they will be allowed to bid but, if successful at auction, will be required to comply with
the rules that result from further judicial and administrative proceedings. The Commission
intends to defend vigorously the rules challenged.

     For additional information regarding the Public Notice, contact: Kathleen O'Brien Ham,
Auctions Division, Wireless Telecommunications Bureau, at (202) 418-0660 or Peter Tenhula,
Office of General Counsel, (202) 418-1700.

Action by the Acting Chief, Wireless Telecommunications Bureau