PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-769 May 20, 1996 900 MHz SPECIALIZED MOBILE RADIO SERVICE INFORMATION On May 6, 1996, the Wireless Telecommunications Bureau issued a Public Notice listing the FCC Form 600 applications for Major Trading Area (MTA) in the 900 MHz SMR service that had been accepted and rejected for filing. After further review, the Bureau has determined that the additional applications listed herein are also acceptable for filing. See 47 C.F.R.  1.962. Notwithstanding this Notice, the Commission may subsequently return or dismiss any of these applications that it finds to be defective or not in conformance with the Commission's rules. See 47 C.F.R.  1.961. In addition, applications pending with petitions for waiver are accepted conditioned on resolution of the waiver requests. Petitions to deny any of the accepted applications listed herein must be filed no later than 30 days from the date of this Public Notice. See 47 C.F.R.  90.163(a)(4), 1.2108(b), 1.962(g). Petitions to deny must fully comply with the requirements for such petitions set forth in the Commission's rules. See, e.g., 47 C.F.R.  90.163, 1.2108, 1.962(g). Oppositions to petitions to deny must be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R.  1.45(a), 1.208(c), 1.962(h). Replies to oppositions must be filed no later than 5 days after the time for filing oppositions has expired. See 47 C.F.R.  1.45(b), 1.2108(c), 1.962(h). No application listed herein will be granted sooner than 31 days after the date of this Public Notice. See 47 C.F.R.  90.809(b), 90.166. A Public Notice will announce the applicants whose applications the Commission is prepared to grant and such applicants will then have five (5) business days to pay the balance of their winning bids or, in the case of bidders eligible for installment payments, an additional five (5) percent of their winning bids. See Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2683  116, 117 (1996) and 47 C.F.R.  90.811, 90.812. The Commission has determined that all commercial mobile radio service applicants should be subject to the same rules governing the construction of facilities prior to grant of a pending application. See Third Report and Order in GN Docket No. 93-252, 9 FCC Rcd 7988, 8153 (1994) and 47 C.F.R.  90.169. Accordingly, 35 days after the date of this Public Notice, accepted applicants listed herein may, at their own risk, commence construction of facilities, provided that: 1) no petitions to deny have been filed against any applications (see 47 C.F.R.  90.169(d)(2), 1.2108(b)); 2) no application contains a waiver request (see 47 C.F.R.  90.169(d)(3), 1.931); 3) in situations that involve construction or alterations that would exceed the requirements of Section 17.7 of the Commission's rules, the applicant has notified the appropriate Regional Office of the Federal Aviation Administration and files a request for antenna height clearance and obstruction marking and lighting specifications with the Commission (see 47 C.F.R.  90.169(d)(4)); 4) the applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with  1.1301 et seq (see 47 C.F.R.  90.169(d)(5)); and 5) the applicant is not required to comply with channel assignment(s) with a foreign administration as may be applicable with any international agreements and Part 90 of the Commission's rules (see 47 C.F.R.  90.169(d)(6)). If the Commission notifies an SMR applicant to cease construction, it must stop construction immediately. See 47 C.F.R.  90.169(b). APPLICATIONS ACCEPTED FOR FILING FOR 900 MHZ SMR Market No. Freq. Block File Number Name M022 P D031353 Mobile Relay Associates, Inc. M005 M D032573 Christopher Deluge et. al. M045 N B000776 The Wireless, Inc. M011 H B000534 TE-MCG Consortium M011 L B000536 TE-MCG Consortium These application will be available for public inspection in Room 5608, 2025 M Street, N.W., Washington, D.C., during regular hours of the Public Reference and Information Branch, Monday-Thursday, 9:00 a.m. to 4:00 p.m., and Friday, 9:00 a.m. to 2:00 p.m. Copies of these documents may be obtained from: International Transcript Service, Inc. 2100 M Street, N.W., Street 140 Washington, D.C. 20037 For further information, contact Michael Hamra, Wireless Telecommunications Bureau at (202) 418-0620, Terry Fishel at (717) 337-1411 or the Land Mobile Branch, Technical Section at (717) 337-1411.