PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-971 June 19, 1996 900 MHz SPECIALIZED MOBILE RADIO SERVICE INFORMATION On May 6, 1996, the Wireless Telecommunications Bureau issued a Public Notice listing the FCC Form 600 applications for Major Trading Area (MTA) in the 900 MHz SMR service that had been accepted and rejected for filing. A subsequent Public Notice was issued on May 20, 1996 accepting five additional applications. After further review, the Bureau has determined that the pending application listed below is ACCEPTED for filing. See 47 C.F.R.  1.962. Notwithstanding this Notice, the Commission may subsequently return or dismiss the application if it finds it to be defective or not in conformance with the Commission's rules. See 47 C.F.R.  1.961. In addition, the application is accepted conditioned on resolution of any pending waiver requests. APPLICATION ACCEPTED FOR FILING FOR 900 MHZ SMR Market No. Freq. Block File Number Name M035 S D032780 Western NY SMR Net, L.L.C. Petitions to deny the accepted application listed herein must be filed no later than 30 days after the date of this Public Notice. See 47 C.F.R.  90.163(a)(4), 1.2108(b), 1.962(g). Petitions to deny must fully comply with the requirements for such petitions set forth in the Commission's rules. See, e.g., 47 C.F.R.  90.163, 1.2108, 1.962(g). Oppositions to petitions to deny must be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R.  1.45(a), 1.208(c), 1.962(h). Replies to oppositions must be filed no later than 5 days after the time for filing oppositions has expired. See 47 C.F.R.  1.45(b), 1.2108(c), 1.962(h). The application listed herein will not be granted sooner than 31 days after the date of this Public Notice. See 47 C.F.R.  90.809(b), 90.166. A Public Notice will announce the applicant if the Commission is prepared to grant and such applicant will then have five (5) business days to pay the balance of its winning bid or, in the case the bidder is eligible for installment payments, an additional five (5) percent of its winning bid. See Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2683  116, 117 (1996) and 47 C.F.R.  90.811, 90.812. The Commission has determined that all commercial mobile radio service applicants should be subject to the same rules governing the construction of facilities prior to grant of a pending application. See Third Report and Order in GN Docket No. 93-252, 9 FCC Rcd 7988, 8153 (1994) and 47 C.F.R.  90.169. Accordingly, 35 days after the date of this Public Notice, the applicant listed herein may, at the applicant's own risk, commence construction of facilities, provided that: 1) no petitions to deny have been filed against the application (see 47 C.F.R.  90.169(d)(2), 1.2108(b)); 2) the application does not contain a waiver request (see 47 C.F.R.  90.169(d)(3), 1.931); 3) in situations that involve construction or alterations that would exceed the requirements of Section 17.7 of the Commission's rules, the applicant has notified the appropriate Regional Office of the Federal Aviation Administration and files a request for antenna height clearance and obstruction marking and lighting specifications with the Commission (see 47 C.F.R.  90.169(d)(4)); 4) the applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with  1.1301 et seq (see 47 C.F.R.  90.169(d)(5)); and 5) the applicant is not required to comply with channel assignment(s) with a foreign administration as may be applicable with any international agreements and Part 90 of the Commission's rules (see 47 C.F.R.  90.169(d)(6)). If the Commission notifies the SMR applicant to cease construction, it must stop construction immediately. See 47 C.F.R.  90.169(b). The application will be available for public inspection in Room 5608, 2025 M Street, N.W., Washington, D.C., during regular hours of the Public Reference and Information Branch, Monday-Thursday, 9:00 a.m. to 4:00 p.m., and Friday, 9:00 a.m. to 2:00 p.m. Copies of these documents may be obtained from: International Transcript Service, Inc. 2100 M Street, N.W., Street 140 Washington, D.C. 20037 For further information, contact Michael Hamra, Wireless Telecommunications Bureau at (202) 418- 0620, Terry Fishel at (717) 337-1411 or the Land Mobile Branch, Technical Section at (717) 337-1411.