Before the
                FEDERAL COMMUNICATIONS COMMISSION
                      Washington D.C.  20554



In the Matter of              )
                         )
CLEARCALL, INC.               )    
                         )                                                
                              )
Request for Waiver of              ) 
47 C.F.R.  1.2105(b)(2)      )



                              ORDER


       Adopted: May 19, 1998                      Released: May 19, 1998   


By the Chief, Wireless Telecommunications Bureau:


     1. The Commission has before it the Request for Dismissal filed by ClearCall, Inc. ("ClearCall") of
its Application for Review, filed March 30, 1998.  ClearCall's Application for Review sought review of a
Bureau order denying ClearCall's Petition for Reconsideration of the denial of its request to change its
designated entity status in connection with the 900 MHz Specialized Mobile Radio ("SMR") auction.  After
completion of the auction, ClearCall filed a waiver request seeking to change its status from that of a small
business with gross revenues of not more than $15 million, to one with gross revenues of not more than $3
million.  By a letter ruling, the Bureau's Auctions Division denied ClearCall's Request for Waiver.  On
January 21, 1997,  the Wireless Telecomunications Bureau affirmed the Auction Division's decision and
denied ClearCall's Petition for Reconsideration. ClearCall then filed its Application for Review pursuant to
the Commission's rules.  Now, ClearCall requests dismissal of its Application for Review so that its pending
license applications may be processed. 

     2. We will grant ClearCall's request to dismiss its Application for Review.  We are satisfied that
granting this request will serve the public interest by eliminating the need for expenditure of further time and
resources of ClearCall and the Commission.  Moreover, dismissal of ClearCall's Application for Review will
serve the public interest by furthering the goal stated in Section 309(j)(3) of the Communications Act of
promoting rapid deployment of new services for the benefit of the public. 

     3. We conclude, however, that ClearCall has not presented sufficient grounds to show that dismissal
without prejudice would serve the public interest.  We therefore dismiss the Application for Review with
prejudice.  The Bureau determined that the Commission's interest in ensuring the integrity of the competitive
bidding process required that ClearCall maintain the small business status initially claimed on its short-form
application (FCC Form 175).  In its Request for Dismissal, ClearCall expressly states that the purpose of its
request to forgo Commission review of the Bureau's decision is to allow the Commission to expeditiously
process its license applications.  In light of this assertion by ClearCall, and the Bureau's previous
determination, it would undermine the efficacy of the Bureau's determination if the Commission, in reliance
upon ClearCall's Request for Dismissal, were to subsequently grant ClearCall's license applications only to
have ClearCall renew its attempt to obtain a larger bidding credit by changing its small business eligibility
status.

     4. Accordingly, IT IS ORDERED, pursuant to delegated authority under Section 0.331 of the
Commission's Rules, 47 C.F.R.  0.331, that Clearcall's request for dismissal of its Application for Review IS GRANTED, and that the above-captioned Request for Waiver of 47 C.F.R.  1.2105(b)(2) IS
HEREBY DISMISSED WITH PREJUDICE.


                         FEDERAL COMMUNCATIONS COMMISSION



                         Daniel B. Phythyon
                         Chief, Wireless Telecommunications Bureau