WPC  2IBETFE3|x) X4#Xj\  P6G; DXP#Courier New (TT)Courier New (Bold) (TT)Courier New (Italic) (TT);,,D@ X4#Xj\  P6G;+XP#2;({XXCourier New (TT)Times New Roman (TT)?xxxX/Xx6X@DQX@6?xxxXXx `NQXR&HHHX,hH6X@DQh@t?xxxX+ZXx6NhQXHCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddds4dddXd6X@DQ@7PC2X DXP\  P6QXP&&&&&&&&&&&&&&&&&&&&1Kgz. .Current Windows Form'3 2 m@} + 3|x"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddCourier New (TT)Courier New (Bold) (TT)2 Z$ X~ HP LaserJet 4/4Mpt2tional)HPLAS4.WRSSx  @,,DX@?xxxX/Xx6X@DQX@6?xxxXXx `NQXR&HHHX,hH6X@DQh@ (Italic) (TT)HP LaserJet 4Si/4Si MXlpt2HPLA4SMX.WRSx  @2 $//Order,Viking Dispatch Inc.,DA 951417//$ $/1.1202 Sunshine period prohibition/$  ?<' Before the FEDERAL COMMUNICATIONS COMMISSION DA 951417  ? <Washington, D.C. 20554 ă In the Matter of ) ) Request of Viking Dispatch ) Services, Inc. for Waiver )  ?` <of Ex Parte Rules. )  ? <= ORDER ă  ?< Adopted: June 22, 1995 Released: June 23, 1995  ?h<x By the Chief, Wireless Telecommunications Bureau x1. On June 2, 1995, Viking Dispatch Services, Inc. (VDS)  ?<filed a request for a limited waiver of the ex parte rules in connection with a current proceeding which involves its rule waiver requests and associated applications. In December, 1994, and March, 1995, VDS filed the applications and waiver requests in order to provide dispatch communications to entities subject to Part 90 of the Commission Rules governing the Private Land  ?8<Mobile Radio Services, 47 C.F.R. Part 90. See Public Notice, released April 14, 1995, DA 95826. x2. Ten parties filed formal oppositions to the waiver requests of VDS thereby making consideration of the waiver requests a restricted proceeding to which the Commission's  ?<ex parte rules apply. See 47 C.F.R.  1.1202 and 1.1208.  ?<VDS states that the ex parte rules should be waived for the limited purpose of providing an opportunity for VDS and staff members of the Commission to discuss the terms and conditions under which the VDS licenses would be granted. A timely opposition to the VDS request has been filed by UTC, The  ?!<Telecommunications Association (UTC).X!u ?#<ԍ Industrial Communications and Electronics, Inc. also submitted an opposition to VDS's request but it was not timely filed and, therefore, it will not be considered.   ?`"<   ?(#<x3. VDS notes that the Commission's Rules provide for an  ?#<exemption from the ex parte rules. See  1.1204(b)(7). VDS states that such exemption has been granted where settlement negotiations were involved. According to VDS, those proceedings"%0*0*0*-" were not designated for hearing and the meetings were initiated by the Commission in order to resolve the issues in those restricted proceedings. By analogy, VDS believes that those  ?X<cases illustrate the need to apply the ex parte rules in a flexible manner to encourage the resolution of contested issues.   x4. VDS further states that, without a grant of the requested waiver, it would be constrained to conduct those discussions in the presence of the ten (10) entities that oppose the Part 90 rule waiver requests. In its view, VDS believes that   such a discussion, were it to take place, would be cumbersome, likely unproductive, and would delay the construction of the VDS system proposed. x5. In its opposition to the subject request for waiver, UTC states that private discussions with the Commission's staff are  ? <the kinds of behindthedoor conversations that the ex parte rules prohibit during restricted proceedings. UTC believes that the public interest dictates that all of the interested parties should be provided with an opportunity to be present, if such discussions are held with the Comission's staff. UTC urges the Commission to reject the waiver requested by VDS because the authorizations that VDS would discuss are the core issue in the proceeding and the question of licensing the proposed VDS system  ?<is what gave rise initially to the ex parte nature of this  ?<proceeding. x6. We agree with UTC. The meetings with the Commission's staff that VDS seeks to initiate are, in VDS's words, for the purpose of discussing "the terms and conditions under which the VDS licenses will be granted ... [and] will expedite the  ?8<authorization of VDS's system ... ."8u ?<ԍ See Request by VDS for Waiver of Ex Parte Rules, filed June 2, 1995, pp. 2 and 3. To allow VDS to have meetings to discuss the substance of its waiver request or variations thereof, which meetings are not requested by Commission personnel and which would take place without all parties present, would be unfair to the other participants in this proceeding. For these reasons, we will deny the request for  ?<waiver of the ex parte rules. x7. In view of the foregoing, VDS's request for waiver of  ?@<the ex parte rules IS HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Wireless Telecommunications Bureau