********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

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



In the Matter of

FLASH COMM, INC.

Request for Waiver of the Commission's
Rules Regarding Its Application for
Authorization in the High Frequency Band)
)
)
)
)
)
)
)

                              ORDER


                    Adopted:  August 11, 1997                    Released:  August 11, 1997

By the Deputy Chief, Wireless Telecommunications Bureau;


     1.  On July 10, 1997, the Wireless Telecommunications Bureau ("the Bureau") and the Office of
Engineering and Technology granted the captioned request for waiver of the Commission's Rules and
concurrently the Bureau conditionally granted a five-year authorization to Flash Comm, Inc. ("Flash Comm")
to construct and operate, on a secondary basis, a nationwide, commercial, two-way short-data messaging
system in the high frequency ("HF") range of the electromagnetic spectrum, subject to certain technical and
operational limitations.  Pursuant to Section 1.113(a) of the Commission's Rules, the Bureau on its own
motion hereby modifies that action, by adding a condition which provides that the authorization may be
renewed at the end of the five-year term only in accordance with final rules permitting permanent operations
of this type in the HF band.

  2.  In granting the authorization the Bureau noted, among other things, that operation of the
Flash Comm system (temporarily under the granted waivers) is expected to provide valuable technical
operational data to assist the Commission in evaluating proposals to establish rules permitting permanent
operations of this type in the HF band.  In fact, a rule making petition is now pending looking to establish
such rules.  The Commission plans to initiate a rule making proceeding based on that petition after the
operation of the Flash Comm system begins and the aforementioned technical data becomes available.  We
anticipate that final rules can be adopted and made effective before the expiration of Flash Comm's initial
five-year license term.

  3.  In view of the foregoing, the following condition will be placed on Flash Comm's authorization
in addition to those listed in Appendix A of the July 10, 1997 Order:

    12.  Renewal.  This authorization may be renewed only in accordance with
    final rules regularly permitting operations of this type in the HF portion of
    the electromagnetic spectrum.

  4.  Accordingly, IT IS ORDERED That the Wireless Telecommunications Bureau's action in the
captioned matter IS MODIFIED as described above, effective upon release of this Order.  This action is
taken under authority delegated in Section 0.331 of the Commission's rules, 47 C.F.R.  0.331.



  FEDERAL COMMUNICATIONS COMMISSION




  Rosalind K. Allen
  Deputy Chief, Wireless Telecommunications Bureau