Report No. WT 95-14       WIRELESS TELECOM ACTION           August 15, 1995


              FCC AFFIRMS FAIR OAKS CELLULAR PARTNERS AS THE
                 NEW HAMPSHIRE 2 RSA LICENSEE FOR BLOCK A

     The Commission has granted of the application of Fair Oaks
Cellular Partners as the licensee to provide cellular service in
Rural Service Area (RSA) No. 549 on frequency block A, New
Hampshire 2 - Carroll.  In so doing, the Commission denied
petitions for reconsideration filed by Optima Cellar Partnership
and Schuylkill Mobile Fone, Inc. of the Commission's 1992 Kent
Foster decision.

     The Commission initially dismissed Fair Oaks' application
for failure to provide a qualifying firm financial commitment
letter as required by Part 22 of the Commission's rules.  In Kent
Foster, the Commission reinstated Fair Oaks as the tentative
selectee for RSA No. 549 because the firm financial commitment
requirement was found to be unenforceable as a result of the
Commission's failure to comply with the Paperwork Reduction Act
(PRA).  The petitioners requested reconsideration and argued that
alternative grounds existed to dismiss Fair Oaks' application.  

     The Commission disagreed with petitioners, concluding that,
in light of the PRA violation, Fair Oaks was entitled to prove
its financial qualifications in any reasonable manner.  The
Commission further concluded that Fair Oaks had met this standard
by providing a firm financial commitment letter from Motorola
Corporation in lieu of the original commitment letter.  The
Commission therefore affirmed its reinstatement of Fair Oaks as
tentative selectee and granted the license.

     Action by the Commission August 4, 1995, by Order (FCC 95-
339).  Chairman Hundt, Commissioners Quello, Barrett, Ness, and
Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Wireless Telecommunications Bureau contact: Ramona E. Melson
at (202) 418-1362.