PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97- 329 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: February 11, 1997 PUBLIC COMMENT INVITED WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR FORBEARANCE FILED BY TELECOMMUNICATIONS CARRIERS AND TRADE ASSOCIATIONS Comment Date: March 13, 1997 Reply Comment Date: March 28, 1997 On February 4, 1997, numerous telecommunications carriers and associations of carriers ("Petitioners"), in coordination with the Federal Communications Bar Association ("FCBA"), filed a "Petition for Forbearance From Enforcement of Section 310(d) Regarding Non-Substantial Assignments of Licenses and Transfers of Control Involving Telecommunications Carriers Licensed by the Wireless Telecommunications Bureau" ("Petition"), pursuant to Section 10(c) of the Communications Act ("the Act"), as added by the Telecommunications Act of 1996. The carriers and associations participating in this filing ("Petitioners") are: AirTouch Communications, Inc.; ALLTEL Mobile Communications, Inc.; Arch Communications Group, Inc.; AT&T Wireless Services, Inc.; BellSouth Corporation; Benbow PCS Ventures, Inc.; the Cellular Telecommunications Industry Association; CMT Partners; CN WAN Corporation, a wholly-owned subsidiary of CellNet Data Systems, Inc.; Comcast Cellular Communications, Inc.; CommNet Cellular Inc.; Cox Enterprises, Inc.; Devon Mobile Communications, L.P.; Frontier Cellular Holding, Inc.; GTE Service Corporation; MCG PCS, Inc.; Metrocall, Inc.; Nextel Communications, Inc.; Pacific Telecom Cellular, Inc.; Pagemart Wireless, Inc.; Paging Network, Inc.; the Personal Communications Industry Association; PriCellular Corporation; PrimeCo Personal Communications, L.P.; R&S PCS, Inc.; Southwestern Bell Mobile Systems, Inc.; Southwestern Bell Wireless, Inc.; Sprint Spectrum L.P.; 360o Communications Company; United States Cellular Corporation; U S West, Inc.; Vanguard Cellular Systems, Inc.; and Western Wireless Corporation. The Petitioners request that the Commission forbear from applying the prior application and approval requirements of Section 310(d) of the Act and corresponding sections of its regulations to non-substantial assignments of licenses and transfers of control of telecommunications carriers holding radio licenses issued by the Wireless Telecommunications Bureau. They argue that the statutory criteria for forbearance under Section 10(c) are met because (1) the process for approval of non-substantial assignments and transfers is unnecessary for determining whether rates, terms, and conditions of service are unjust, unreasonable, or discriminatory; (2) regulation of non- substantial assignments and transfers has not been used as a vehicle for addressing consumer protection issues; and (3) forbearance will serve the public interest by promoting the telecommunications carriers' ability to respond to competitive market conditions without unnecessary cost or delay, and will permit both the Commission and affected carriers to employ their resources more efficiently. Interested parties may file comments on the Petition no later than March 10, 1997; reply comments should be filed on or before March 25, 1997. All comments should reference the Petition and this Public Notice and be filed with the Office of Secretary, Federal Communications Commission, Washington, D.C. 20554. A copy of each filing should be sent to International Transcription Service, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800 and Jonady Hom, Esq., Federal Communications Commission, Wireless Telecommunications Bureau (WTB), Commercial Wireless Division, Legal Branch, 2025 M Street, N.W., Room 7130, Washington, D.C. 20554. Parties are encouraged to submit comments on diskette. Such diskette submissions would be in addition to and not a substitute for the formal filing requirement presented above. Parties submitting diskettes should submit them to Jonady Hom at the address listed above. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible form using Wordperfect 5.1 for Windows software. The diskette should be submitted in "read only" mode, and should be clearly labelled with the party's name, proceeding, type of pleading, and date of submission. The full text of the petition, comments, and reply comments will be available for public inspection and duplication during regular business hours in the Wireless Telecommunications Bureau's Public Reference Room, 2025 M Street, N.W., Room 5608, Washington, D.C. 20554. Copies may also be obtained from ITS. Pursuant to Section 1.1206(b)(4) of the Commission's Rules, 47 C.F.R.  1.1206(b)(4), this proceeding will be conducted as a non-restricted proceeding in which ex parte communications are permitted but subject to disclosure. For further information, contact Jonady Hom at (202) 418-0620, WTB, Commercial Wireless Division, Legal Branch.