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    Before the 
             FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C. 20554
                              
  
  In the Matter of                 )                                                   
                              )
  Petition to Authorize                 )
  Co-Primary Sharing of the             )    RM - 8159
  450 MHz Air-To-Ground            )
  Radiotelephone Service           )
  with BETRS                       )
                              
  
  
                MEMORANDUM OPINION AND ORDER
  
     Adopted:  January 28, 2000              Released:  January 28, 2000
  
  
  By the Chief, Wireless Telecommunications Bureau:
  
                       I.INTRODUCTION
     I 
  1.   In this Memorandum Opinion and Order (Order) we deny  the petition for 
  rulemaking filed November 9, 1992, by the United States Telephone Association, National
  Telephone Cooperative Association, Organization for the Protection and Advancement of Small
  Telephone Companies, National Rural Telephone Association, and Rural Electrification
  Administration (collectively, the Petitioners) requesting that the Commission authorize the use of
  certain air-to-ground frequencies in the 450 MHz band for Basic Exchange Telecommunications
  Radio Service (BETRS) on a co-primary basis.
  
  2.   We find that the petition and the record developed in response to the petition are
  now stale.  To the extent that Petitioners consider the requested relief to remain relevant to their
  needs, we find that the public interest would be better served if the Petitioners were to file an
  updated petition for rulemaking.     
  
                       II.BACKGROUND
  
  3.   In 1988, the Commission allocated BETRS specific channels in the 150 MHz, 450
  MHz, and 800 MHz bands in response to a 1986 petition for rulemaking filed by the Petitioners. 
  The instant petition for rulemaking filed by Petitioners urges the Commission to authorize the use
  of older air-to-ground service channels in the 450 MHz band on a co-primary basis with BETRS
  because of the limited number of channels that are currently available for BETRS use.  Petitioners
  contend that providing access to these channels will not only promote the public interest in
  universal service but will also be more cost effective. 
  
                    III.DISCUSSION
  
  4.   We find that due to the passage of time, the petition for rulemaking and the record
  in this proceeding have become stale.  The petition was filed in November 1992 and the
  Commission placed it on public notice shortly thereafter.  Opposition comments and reply
  comments in response to the petition were subsequently filed.  Due to the significant passage of
  time since the filing of the petition and the filing of the pleadings that comprise the record in this
  proceeding, we are concerned that the petition's proposals regarding BETRS, and the information
  in the record, have become outdated.  Moreover, during the same period of time, alternative
  communications technologies, such as wireless local loop and microwave systems, have developed
  in other frequency bands and potentially represent more cost efficient alternatives than BETRS for
  providing telecommunication services in rural areas.  For these reasons, we conclude that the public
  interest is better served by denying the petition for rulemaking and not initiating a rulemaking.  To
  the extent that the proposals made in the petition continue to be relevant to the Petitioner's interests
  notwithstanding the passage of time, the Petitioners may file a more current version of their petition
  for rulemaking for our consideration.
  
     IV.  ORDERING CLAUSE
  
  5.   Accordingly, IT IS ORDERED, pursuant to Section 1.407 of the Commission's
  rules, 47 C.F.R. Section 1.407, that the petition for rulemaking filed by the United States Telephone
  Association , National Telephone Cooperative Association, Organization for the Protection and
  Advancement of Small Telephone Companies, National Rural Telephone Association, and Rural
  Electrification Administration, IS DENIED without prejudice.
  
   
                      FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                      Thomas J. Sugrue
                      Chief, Wireless Telecommunications Bureau