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

In the Matter of:                    )
                                     )
Teletrac License, Inc.               )
Request for Waiver of Section        )
90.363(a) of the Commission's Rules  )


                                  ORDER


Adopted:  December 31, 1996;                                     Released:  December 31, 1996

By the Chief, Commercial Wireless Division:

     1.  On December 6, 1996, Teletrac License, Inc. filed a request for waiver of Section
90.363(a) of the Commission's Rules, to relocate one of its transmitter sites for its grandfathered
multilateration Location and Monitoring Service (LMS) authorizations for WNUN 558 (New
York, New York) to a location beyond the two-kilometer radius of the originally-licensed site. 
Teletrac submits that in building out its WNUN 558 system in New York, it has belatedly
determined that one of its constructed sites was mistakenly constructed in violation of the two-
kilometer site relocation restriction of Section 90.363(a).   The constructed site is 4.5 kilometers
from the authorized coordinates.  Teletrac asserts that the coverage area of the constructed site
is smaller than, and is encompassed within, the authorized coverage area.  Teletrac also submits
that the authorized coordinates are located in a homeowner's backyard in a residential area.  It
contends that in these circumstances, a waiver permitting it to use the site at which it has already
constructed is appropriate and in the public interest.

     2.  The Commission put Teletrac's request on Public Notice on December 10, 1996 (DA
96-2074).  Initial comments were due on December 16, reply comments were due on December
19.  No comments were filed in response to the Public Notice.

     3.  The Commercial Wireless Division has analyzed Teletrac's request and concludes that
a waiver of Section 90.363(a) is appropriate.  Pursuant to Section 90.151 of the Commission's
Rules, a Part 90 provider requesting a rule waiver must meet two criteria.  First, it must show
that unique circumstances are involved.  Second, it must show that there is no reasonable
alternative solution within existing rules.   Further, a waiver of the Commission's Rules is, in
general, appropriate "only if special circumstances warrant a deviation from the general rule and
such deviation will serve the public interest."  We agree that Teletrac has demonstrated unique
circumstances, and that it would be impractical for them to construct at the correct site by the
January 1, 1997 construction deadline.  Further, we conclude that it is in the public interest to
grant the waiver.  If we were to decide otherwise, customers would be deprived of LMS service
where the facilities are already constructed and the licensee is prepared to initiate service. 

     4.  In granting the waiver, we reserve the right to take appropriate enforcement action
with respect to Teletrac's violation of Section 90.363(a).  We believe that grant of the waiver
is appropriate, however, notwithstanding the violation.  The dispositive factor that persuades us
to grant the waiver is that the coverage area of the incorrect site is smaller than that of the
correct coordinates.  Thus, grant of the waiver does not prejudice the interests of other LMS
licensees or potential new entrants.

     5.  Accordingly, IT IS ORDERED that the Petition for Waiver filed by Teletrac License,
Inc. is GRANTED.

     6.  This action is taken pursuant to authority delegated in Sections 0.241 and 0.331 of
the Commission's Rules, 47 C.F.R.  0.241 and 0.331.

                                          FEDERAL COMMUNICATIONS COMMISSION





                                          David L. Furth
                                          Chief, Commercial Wireless Division
                                          Wireless Telecommunications Bureau