Before the
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554

In the Matter of                   )
                              )
Motion for Temporary Stay          )              
of the 220 MHz Service Auction          )
Scheduled for September 15, 1998        )



                              ORDER
     Adopted:  September 14, 1998            Released:  September 14, 1998  


By the Chief, Wireless Telecommunications Bureau:

     1.  We have before us a Motion for Temporary Stay filed by Net Radio Group
Communications, L.L.C. ("NRG") on August 10, 1998, which seeks to stay the start of the Phase
II 220 MHz Service auction, scheduled to begin September 15, 1998.  NRG specifically requests
a stay of the auction start date at least until a date not less than 90 days following Commission
clarification of the status of all Phase I 220 MHz renewal applications.  NRG argues that
prospective bidders lack certainty regarding levels of incumbency in Phase II 220 MHz
geographic license areas because the Commission's database shows that certain renewal
applications submitted by incumbent Phase I 220 MHz licensees are pending.  In essence, NRG
asks the Commission to resolve all pending renewal requests and presumably to predict the
outcome of all future renewal requests, prior to the start of the auction.
 
     2.  NRG relies on the four prong test for issuance of a stay set forth in Washington
Metropolitan Area Transit Comm'n v. Holiday Tours, Inc.  Under that 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) other 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 NRG's arguments fail to meet this standard.  

     3.  We note that the Commission database shows that approximately one-half of Phase I
licensees have already been granted license renewals.  We believe NRG, as an interested bidder,
has had an adequate opportunity, through due diligence, to evaluate which, if any, of the
incumbent licensees that have renewal applications pending in the markets for which it intends to
bid will have their licenses renewed.  On numerous occasions, both in auction documentation and
at the 220 MHz Service bidders' seminar, Commission staff has urged prospective bidders to
investigate thoroughly the status of incumbents in the markets for which they plan to bid. 
Investigation of Commission databases and, if necessary, actual on-site visits to the locations at
which licensees are currently operating, should permit the reasonably diligent bidder to assess
levels of incumbency.  Moreover, all prospective bidders are in the same position and have access
to the same information.  

     4.  Accordingly, we find that NRG has not met any of the elements of the test for a stay.  

     5.  IT IS ORDERED, pursuant to Sections 1, 4(i), and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C.  151, 154(i), 303(r), and the authority delegated pursuant to
Section 0.331 of the Commission's rules, as amended, 47 C.F.R.  0.331, that NRG's request for
stay IS DENIED.  

     6.  IT IS ORDERED that NRG's Motion for Temporary Stay IS DENIED.

     
                              FEDERAL COMMUNICATIONS COMMISSION


     
                              Daniel B. Phythyon, Chief
                              Wireless Telecommunications Bureau