WPC 2BJZ Courier3|j>Fx6X@`7X@HP LaserJet 4Si (Additional) LPT2HPL4SAD.PRSx  @\X^X@2&;6qK Z X-#XP\  P6Q_ XP#3|j"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""X\  P6G;P7jC:,_ Xj\  P6G;XP7nC:,RXn4  pG;XW!@(#,ޡh@\  P6G;hPH5!,,5\  P6G;,P\{,W80,%)bW*f9 xr G;X\5hC:,%HXh*f9 xr G;XX2 X-  x $// Order, Bell Atlantic Mobile & NYNEX Mobile, DA 951484//$ x  $/ 22. 131 Procedures for mutually e x xclusive applications/$  X- !RECORD ONLY x ԃ  X-+2Before the ă  Xv- [ FEDERAL COMMUNICATIONS COMMISSION  X_-Washington, D.C. 20554 x DA 951484  X -In the Matter of hh@h)  X -Bell Atlantic Mobile Systems, Inc. and@h)ppFile Nos. 00762CLAL195  X -NYNEX Mobile Communications Companyh)ppthrough 00803CLAL195;  X -x` `  hh@h)pp00804CLTC195 through 00816  X -Application for Transfer of Control of@h) ppCLTC195; 00817CLAL195  X-Eightytwo Cellular Radio Licenses to@h) ppthrough 00824CLAL195; and  Xy-Cellco Partnership  hh@h)pp00825CLTC195 through  Xb-x` `  hh@h)pp00843CLTC195  XK-x` `  hh@h)pp x` `  hh@hpp  X- ;ORDER ă  X-xAdopted: June 29, 1995hh@hReleased: June 30, 1995 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:  X- I. A. 1. a.(1)(a) i) a) 1. 1. a.(1)(a) i) a)x1. 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  XN-Partnership.N {O-ԍ Bell Atlantic Mobile Systems, Inc., DA 951129 (Wireless Telecom. Bur., released May 19, 1995). That ruling did not address BAMS/NYNEX's request for a blanket exemption from the cutoff 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 pointtopoint microwave applications to reflect the consummation of the proposed transaction.  X -x2. BAMS and NYNEX state that they need this exemption from Sections 22.31,  X!-22.23(g)(3)!Z yO%-Ѝ Since BAMS/NYNEX's request, these rules have been rewritten and redesignated as Sections 22.131 and 22.123(a), 47 C.F.R.  22.131, 22.123(a). 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"h$0*0*0*d#" involving the Cellco partnership, for which Commission approval was sought and has now"h$0*0*0*d#" been obtained. BAMS/NYNEX also point out that the Commission has routinely granted such"h$0*0*0*d#" exemptions in similar transfer cases. "h$0*0*0*d#"Ԍx"h$0*0*0*d#"Ԍ Xh$-x3. The former Section 22.23(g)(3) stated that an application would be considered as a"h$0*0*0*d#"  X-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 'cutoff' 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 cutoff requirements of Section  X-22.31. {O-Ѝ Revision of Part 22 of the Commission's Rules Governing the Public Mobile Services, Report and Order, CC Docket No. 92115, 9 FCC Rcd 6513 (1994). Thus, the current rule states that "filings are major if they specify a substantial  Xx-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  XL-control that has already been approved by the FCC."CL" yO -ԍ 47 C.F.R.  22.123(a).C This change is consistent with recent  X5-precedent establishing that applications for transfer of control as a result of a merger will not  X -be treated as major amendments subject to the cutoff rules.]^  {O-Ѝ Craig O. McCaw, 9 FCC Rcd 5836, 5918 n.331(1994), appeal pending on other grounds sub nom.  {OK-Southwestern Bell Corp. v. FCC, D.C. Cir. No. 941637, filed Sept. 23, 1994. See also Airsignal International,  {O-Inc., 81 FCC 2d 472 (1980). ] 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.  X -x4. Therefore, pursuant to Section 22.123(a), we find that BAMS/NYNEX's request  X -for an exemption from Section 22.131 IS HEREBY DISMISSED as MOOT. x x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  x x` ` hh@Rosalind K. Allen x` ` hh@Chief, Commercial Wireless Division x` ` hh@Wireless Telecommunications Bureau x` ` hh@