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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of Applications of     )
                                     )
FRED DANIEL D/B/A ORION TELECOM      )  File Nos. 851426 & 851427
                                     )
For Automated Maritime Telecommunications )
System Stations at San Clemente and  )
Newport Beach, California            )


                                  ORDER


   Adopted:  December 30, 1997                                         Released:  December 31, 1997

By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division:

      1.      Fred Daniel d/b/a Orion Telecom (Orion) has filed the above-captioned applications for
Automated Maritime Telecommunications System (AMTS) stations at Newport Beach and San Clemente,
California.  Channel 13 broadcaster KCOP Television, Inc. (KCOP), has filed a Petition to Deny these
applications.  A license application for an AMTS station whose interference contour will encompass at
least 100 residences within a Channel 10 or 13 television station's Grade B contour must show, among
other things, that the proposed site is the only suitable location.  47 C.F.R.  80.215(h)(3).  Orion
concedes that there are at least 100 residences within both contours.  Orion indicated, however, that due
to a clerical error, its applications failed to explain why the proposed sites are the only suitable locations. 
Orion stated in its Opposition to the Petition to Deny that they are the only suitable locations because,
due to intervening terrain, Orion's existing facilities do not provide satisfactory service to the coastal and
inland areas of Newport Beach and San Clemente.  KCOP, in its Reply, responded that such coverage
could also be provided by an AMTS station located on Santa Catalina Island.

      2.      Ordinarily, the Reply would be the last pleading in this proceeding.  47 C.F.R.
 1.962(h).  We conclude, however, that it is in the public interest to request additional pleadings, see
47 C.F.R.  1.44(c), in order to develop as complete a record as possible on the issue of whether
Newport Beach and San Clemente are the only suitable locations for Orion's proposed stations, or,
instead, whether Santa Catalina Island (or some other location) also is suitable.  Orion shall file its brief
with the Commission's Gettysburg office and serve a copy on KCOP, see 47 C.F.R.  1.962(g), (h), and
provide a courtesy copy to the Public Safety and Private Wireless Division, on or before January 16,
1998.  KCOP shall file its response (with copies to Orion and the Public Safety and Private Wireless
Division) by January 30, 1998.



                              FEDERAL COMMUNICATIONS COMMISSION


                                                                                           
                              John J. Borkowski
                              Chief, Policy and Rules Branch
                              Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau