PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 96-1827 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: November 5, 1996 WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS DIVISION INFORMATION Application Procedures Implementing Remand in McElroy Electronics v. FCC REPORT NO. CL-97-8 On September 5, 1996, the U.S. Court of Appeals for the D.C. Circuit entered its mandate remanding McElroy Electronics Corp. v. FCC, 86 F.3d 248 (D.C. Cir. 1996) (McElroy), to the Commission. By this Public Notice, we implement procedures for carrying out the Court's remand and proceeding with licensing of cellular service in unserved areas in the Los Angeles and Minneapolis-St. Paul Metropolitan Statistical Areas (MSAs). In McElroy, the Court instructed the Commission to: (1) dismiss applications filed on March 10, 1993 (March 10 Filers) for the Los Angeles and Minneapolis MSAs; (2) to decide how to resolve the proposed full-market settlement of the Los Angeles market, including what rights, if any, Price Communications Cellular, Inc. (Price) has to join the settlement group; and (3) to resolve the proposed agreement between McElroy Electronics Corporation (McElroy) and the Minneapolis MSA incumbent. March 10 Filers. In accordance with the Court's mandate, the applications of the March 10 Filers to serve unserved areas of the Los Angeles and Minneapolis-St. Paul MSAs are hereby DISMISSED. This dismissal does not include the application of Price, whose rights will be determined by future Commission order. Los Angeles Market. In the Los Angeles MSA (Market No. 2B), the remaining applicants are McElroy, the Los Angeles SMSA Limited Partnership, JAJ Cellular, and Price. These parties have entered into a proposed full-market settlement agreement under which a new entity, Desert Telecommunications Limited Partnership, will be the sole remaining applicant in the Los Angeles market. Within thirty days (30) days of this Public Notice, the parties to the proposed full-market settlement must file any Section 1.65 amendments to their applications, including any proposed settlement or joint venture agreements. See 47 C.F.R.  1.65. Applications should be submitted in microfiche and hard copy form, consisting of an original and two paper copies of the application. See 47 C.F.R.  1.49, 22.953(a)(1). There will be no additional filing fee. In Market 2B, File Number 01758-CL-MP-88 has been assigned to McElroy, File Numbers 02040- CL-MP-88 and 02168-CL-MP-89 have been assigned to the Los Angeles SMSA Limited Partnership, File Number 02243-CL-MP-89 has been assigned to JAJ Cellular, and File No. 02685-CL-MP-89 has been assigned to Price. Any amendments or correspondence to be associated with these applications should specify the above file number(s). Minneapolis-St. Paul Market. In the Minneapolis-St. Paul MSA (Market No. 15A) McElroy is the sole remaining applicant. McElroy has entered into an agreement with the ACC/McCaw Cellular of Minneapolis, the Minneapolis A block incumbent, to serve the unserved areas of the Minneapolis-St. Paul MSA. Within thirty days (30) days of this Public Notice, McElroy must file any Section 1.65 amendments to its application, including any proposed settlement or joint venture agreements. See 47 C.F.R.  1.65. Applications should be submitted in microfiche and hard copy form, consisting of an original and two paper copies of the application. See 47 C.F.R.  1.49, 22.953(a)(1). There will be no additional filing fee. In Market No 15A, File Number 02613-CL-MP-89 has been assigned to McElroy. Any amendments or correspondence to be associated with this application should specify the above file number. The Los Angeles and Minneapolis licensing proceedings will be treated as separate restricted proceedings under the ex parte rules. See 47 C.F.R.  1.1208. All of the above applications will be available for public inspection in Room 5608, 2025 M Street, N.W., Washington, D.C., during the normal cellular reference room hours. Copies of these documents may be obtained from: International Transcription Service, Inc. 2100 M Street, N.W., Suite 140 Washington, DC 20037 Phone: 202-857-3800 Market No. File No. Name of Applicant 2B (Los Angeles) 01758-CL-MP-88 McElroy Electronics Corp. 2B 02040-CL-MP-88 Los Angeles SMSA Ltd. Partnership 2B 02168-CL-MP-89 Los Angeles SMSA Ltd. Partnership 2B 02243-CL-MP-89 JAJ Cellular 2B 02685-CL-MP-89 Price Communications Cellular, Inc. 15A (Minneapolis-St. Paul) 02613-CL-MP-89 McElroy Electronics Corp.