PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C.  20554                         News Media Information: (202) 418-0500
                                  Fax-On-Demand: (202) 418-2830
                                   Internet: http://www.fcc.gov
                                                     ftp.fcc.gov
                                                               
                                                      DA 98-731
                                                 April 16, 1998
                                
      WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON
                    REQUESTS FOR WAIVER OF 
         INCUMBENT LEC/CABLE ELIGIBILITY RESTRICTIONS  
                                
Comment Also Sought on Letter from the United States Telephone Association


     On April 9, 1998, winning bidders in the recently completed auction for the Local
Multipoint Distribution Service (LMDS) submitted long-form license applications.  The
following long-form applicants filed requests for waiver of Section 101.1003 of the
Commission's rules, LMDS eligibility restrictions for incumbent LECs and cable companies:

File No.       Applicant

0000000102          Farmers Telephone Cooperative, Inc. 
0000000093          Central Texas Telephone Investments, Inc.  
0000000105          Golden West Telecommunications Corporation
0000000094          Horry Telephone Cooperative, Inc.
0000000087          Northern Communications, Inc.
0000000089          Venture Wireless, Inc.
0000000090          Venture Wireless, Inc.

     Additionally, in a March 26, 1998 letter to Chairman Kennard, the United States
Telephone Association ("USTA") raised a number of concerns about the LMDS auction and the
potential impact that the incumbent LEC/cable eligibility restriction may have had on the results
of the auction ("USTA letter").  In its letter, USTA urged the Commission to eliminate the
eligibility and ownership restrictions that "have stifled competition and left many rural and small
areas without any bids for the licenses serving such communities."  USTA suggested that "[t]he
Commission should begin by eliminating eligibility restrictions for reauctioned licenses and all
ownership restrictions on previously auctioned licenses."  A copy of the USTA letter is attached
herewith. 

     To assist the Bureau in making recommendations to the Commission, we seek comment
on these waiver requests and the letter from USTA.  We anticipate that the Commission will
examine each waiver request on a case-by-case basis.  In addition, as a general matter, we seek
comment on whether the Commission should enforce the incumbent LEC/cable eligibility
restrictions in all instances or whether exceptions should be made in certain circumstances. 
Comment is solicited on all aspects of the specific waivers and each of the concerns raised in the
USTA letter.  Comments are due May 18, 1998 and reply comments are due June 2, 1998. 
Comments and reply comments should be addressed to:  Auctions & Industry Analysis Division,
Wireless Telecommunications Bureau, Room 5604-F, 2025 M Street, N.W., Washington, D. C.
20554.  

     Copies of the waiver requests, comments and replies may be obtained from the
Commission's duplicating contractor, International Transcription Service, Inc. (ITS), 2131 20th
Street, N.W., Washington, D.C. 20036, (202)857-3800.  Copies are also available for public
inspection in the Public Reference Room, Room 5608, 2025 M Street, N.W., Washington, D.C.
20554.    

     For further information, contact Christina Clearwater of the Auctions & Industry
Analysis Division at (202) 418-0660.

     Action by the Chief, Wireless Telecommunications Bureau.