$// Order, Emergency Stay of Telephone Electronics Corp., PP 93-253, DA 95-213//$


                                RECORD ONLY

                                Before the
                            FEDERAL COMMUNICATIONS COMMISSION           DA 95-213
                          Washington, D.C.  20554

In the Matter of                                    )
                                                    )
Implementation of Section 309(j)                    )
of the Communications Act--                  )      PP Docket No. 93-253
Competitive Bidding                                 )
                                                    )
Emergency Motion for Stay of                 )
Telephone Electronics Corporation                   )
                                                    )

                                   ORDER

Adopted: February 9, 1995                           Released: February 10, 1995

By the Chief, Wireless Telecommunications Bureau:

       1.  In an "Emergency Motion for Stay" filed on January 6, 1995, Telephone
Electronics Corporation ("TEC") asks the Commission to stay its Fifth Report and Order, 9
FCC Rcd 5532 (1994), and Fifth Memorandum Opinion and Order, FCC 94-285 (released
November 23, 1994), to the extent necessary to enable TEC to participate in the upcoming
"entrepreneurs' block" auction for broadband personal communications services ("PCS").  At
the same time, TEC has petitioned for judicial review of these orders.  We conclude that
TEC has failed to demonstrate that it would suffer irreparable harm in the absence of a stay. 
TEC suggests that it would have no opportunity to obtain a broadband PCS license if a stay is
not granted because FCC rules preclude TEC from participating in the entrepreneurs' block
auction.  But those rules also authorize post-auction transactions in which rural telephone
companies (such as the six companies comprising TEC) can purchase geographically
partitioned licenses from successful auction bidders.  See 47 C.F.R.  24.714.  Moreover,
TEC will have an opportunity to participate in future spectrum auctions that are not governed
by the eligibility restrictions TEC challenges in court.  By acquiring spectrum blocks in
future broadband PCS auctions, for example, TEC could obtain other broadband PCS licenses. 
Therefore, TEC has failed to demonstrate any irreparable harm that would justify a stay in
this proceeding.

       2.  We further find that grant of TEC's Emergency Motion for Stay would not serve
the public interest.  The Commission established the entrepreneurs' block auction to fulfill its
statutory mandate to ensure economic opportunities for designated entities that had
traditionally encountered barriers to entry into the communications industry.  The Commission
concluded that these designated entities, which had limited access to capital, simply could not
outbid larger companies with more substantial resources.  If the stay requested by TEC were
granted, certain important restrictions imposed by the Fifth Report and Order and the Fifth
Memorandum Opinion and Order would be removed without public notice and an opportunity
for public comment, large companies could then participate in the entrepreneurs' block
auction, and the entire purpose of creating the entrepreneurs' blocks would be undermined. 
Such a result would defeat the public interest by thwarting the Commission's efforts to fulfill
its Congressional mandate.

       3.  TEC has failed to make the showings of irreparable harm and public interest that
are necessary to justify the extraordinary relief it seeks.  For these reasons, TEC's Emergency
Motion for Stay is DENIED.



                                             FEDERAL COMMUNICATIONS COMMISSION




                                             Regina M. Keeney,  Chief  
                                             Wireless Telecommunications Bureau