Before the
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554
In the Matter of                        )
                                   )
Petition of NextWave Telecom, Inc.           )    WT Docket No. 97-82
for a Stay of the June 8, 1998, Personal          )
Communications Services C Block Election     )
Date                               )


                              ORDER
     Adopted:  June 1, 1998             Released:  June 1, 1998  


By the Commission:

     1.  We have before us a Petition for Stay filed by NextWave Telecom, Inc. (NextWave) on
May 22, 1998 ("Stay Request"), which seeks to stay the C Block Election Date of June 8, 1998. 
The Election Date is the date by which broadband Personal Communications Services (PCS) C
block licensees must elect what option they will pursue for license payment.  

     2.  On September 25, 1997, the Commission adopted a Second Report and Order and
Further Notice of Proposed Rule Making ("Second Report and Order") which established
January 15, 1998, as the deadline for broadband PCS C block licensees to elect to continue under
the existing installment payment plan or to elect one of the three alternative payment options.  On
January 7, 1998, we changed that election date to February 26, 1998 in order to allow time to
respond to petitions seeking reconsideration of the Second Report and Order.  

     3.  Although we initially believed a February 26 election date would provide sufficient
time to respond to the arguments raised by petitioners, we subsequently determined that
additional time would be needed to consider the numerous and wide-ranging issues involved. 
Therefore, we moved the election date for C block licensees to 60 days after publication of the
Order on Reconsideration of the Second Report and Order (Reconsideration Order) in the
Federal Register.  Subsequently, the Wireless Telecommunications Bureau announced an
Election Date of June 8, 1998, and a payment resumption date of July 31, 1998.

     4.  NextWave relies on the four prong test for issuance of a stay set forth in Virginia
Petroleum Jobbers Ass'n v. FPC, as modified in Washington Metropolitan Area Transit Comm'n
v. Holiday Tours, Inc.  Under this test, a stay is warranted if the movant can demonstrate that: 
(1) it is likely to prevail on the merits; (2) it will suffer irreparable harm absent a stay; (3)
interested parties will not be harmed if the stay is granted; and (4) the public interest would favor
a grant of the stay.  Upon examination of the Stay Request, we find that NextWave's arguments
fail to meet the standards set forth in Virginia Petroleum and Washington Metropolitan.

     5.  Accordingly, NextWave's Petition for Stay IS DENIED.

     
                              FEDERAL COMMUNICATIONS COMMISSION


     
                              Magalie Roman Salas 
                              Secretary