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$// Order, Bell Atlantic Mobile & NYNEX Mobile, DA 95-1484//$
$/ 22. 131 Procedures for mutually exclusive applications/$

                                RECORD ONLY

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C.  20554 

                                                                                            DA 95-1484

In the Matter of                                    )
Bell Atlantic Mobile Systems, Inc. and              )       File Nos. 00762-CL-AL-1-95
NYNEX Mobile Communications Company  )       through 00803-CL-AL-1-95; 
                                                    )       00804-CL-TC-1-95 through 00816-
Application for Transfer of Control of              )       CL-TC-1-95; 00817-CL-AL-1-95
Eighty-two Cellular Radio Licenses to               )       through 00824-CL-AL-1-95; and     
Cellco Partnership                                  )       00825-CL-TC-1-95 through 
                                                    )       00843-CL-TC-1-95
                                                    )       
                                                            
                                   ORDER

       Adopted:  June 29, 1995                      Released:  June 30, 1995                       

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

       1.   On May 19, 1995, the Wireless Telecommunications Bureau granted the
applications for transfer of control of 82 cellular licenses of Bell Atlantic Mobile Systems,
Inc. ("BAMS"), and NYNEX Mobile Communications Company ("NYNEX"), to Cellco
Partnership.  That ruling did not address BAMS/NYNEX's request for a blanket exemption
from the cut-off rules in those cases in which BAMS or NYNEX on their own account, or on
behalf of their subsidiaries and those partnerships in which they hold a controlling or
managing interest, file amendments to pending cellular, other Part 22, or point-to-point
microwave applications to reflect the consummation of the proposed transaction. 

       2.   BAMS and NYNEX state that they need this exemption from Sections 22.31,
22.23(g)(3) and 21.23(c)(6) so that amendments to pending applications that report ownership
changes will not be treated as major amendments under Section 22.23, necessitating a second
public notice.  As support for their request, BAMS and NYNEX contend that any such
ownership changes to these pending applications would be incidental to the larger transaction
involving the Cellco partnership, for which Commission approval was sought and has now
been obtained.  BAMS/NYNEX also point out that the Commission has routinely granted such
exemptions in similar transfer cases.  
       
       3.  The former Section 22.23(g)(3) stated that an application would be considered as a
newly filed application if it is amended by a major amendment except if the amendment
reflects only a change in ownership or control found by the Commission to be in the public
interest, and for which a requested exemption from the 'cut-off' requirements of Section
22.31 is granted."  When the Commission rewrote Part 22, however, it eliminated the proviso
referring to the need for a requested exemption from the cut-off requirements of Section
22.31.  Thus, the current rule states that "filings are major if they specify a substantial
change in beneficial ownership or control (de jure or de facto), unless such change is
involuntary or if the filing merely amends an application to reflect a change in ownership or
control that has already been approved by the FCC."  This change is consistent with recent
precedent establishing that applications for transfer of control as a result of a merger will not
be treated as major amendments subject to the cut-off rules.  Because the Bureau has
approved the Cellco transaction, BAMS and NYNEX may file amendments to related cellular,
Part 22, and microwave applications as minor amendments.

       4.  Therefore, pursuant to Section 22.123(a), we find that BAMS/NYNEX's request
for an exemption from Section 22.131 IS HEREBY DISMISSED as MOOT.    
       
                                             FEDERAL COMMUNICATIONS COMMISSION
                      

       
                                             Rosalind K. Allen
                                             Chief, Commercial Wireless Division
                                             Wireless Telecommunications Bureau