NEWSReport No. DC-2687        ACTION IN DOCKET CASE    December 2, 1994

COMMISSION AFFIRMS BROADBAND PCS PIONEER'S PREFERENCE DENIALS
 (GEN DOCKET NO. 90-314)

     The Commission has affirmed its denials of pioneer's preferences in the 2 GHz
broadband personal communications service (PCS) to parties that had sought reconsideration
of the Commission's Third Report and Order in GEN Docket No. 90-314.  Due to the
passage of legislation regarding the General Agreement on Tariffs and Trade (GATT), no
further Commission action was required on the three broadband PCS pioneer's preferences
granted in the Third Report and Order.  The GATT legislation confirmed the prior grants of
broadband PCS pioneer's preferences to American Personal Communications, Cox
Enterprises, Inc. and Omnipoint Communications, Inc.

     The Commission has dismissed petitions for reconsideration filed by Advanced
Cordless Technologies, Inc. and Corporate Technology Partners and has denied in part and
dismissed in part petitions for reconsideration filed by Advanced MobileComm Technologies,
Inc. and Digital Spread Spectrum Technologies, Inc.; Ameritech; Nextel Communications,
Inc.; Personal Communications Network Services of New York, Inc; Qualcomm
Incorporated; and Spatial Communications Inc.  All of the PCS pioneer's preference requests
of these companies had been denied previously.

      In affirming the preference denials, the Commission stated that it does not grant
preferences casually; "An applicant for a pioneer's preference [has] a significant burden to
persuade the Commission that its proposal has sufficient merit."  The Commission's
pioneer's preference rules provide a means of extending preferential treatment in its licensing
process to parties that demonstrate their responsibility for significant new communications
developments.  To be granted a pioneer's preference, an applicant must demonstrate that it
has developed a new and innovative service or technology.  The applicant also must
demonstrate the technical feasibility of the new service or technology, either by submitting a
technical feasibility showing or having submitted results of an experiment.  Finally, a
preference will be granted only if the rules adopted by the Commission for the service are a
reasonable outgrowth of the applicant's proposal and lend themselves to grant of the
preference. 




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     Action by the Commission December 2, 1994, by Memorandum Opinion and Order
(FCC 94-304 ),  Commissoiners Quello, Barrett and Ness, with Chairman Hundt and
Commissioner Chong not participating. 

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