FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,278
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
In re Application of
INC. File No. 22397-CL-P-141-A-86
For authority to construct and
operate a system in
Domestic Cellular Radio
Telecommunications Service for
Metropolitan Statistical Area (MSA)
MEMORANDUM OPINION AND ORDER
Adopted December 16, 1986; Released December 23, 1986
By the Common Carrier Bureau:
1. Northern Illinois Cellular Communications, Inc.
(Northern) filed a petition to deny the application of
Cellular Technology, Inc. (CTI), the tentative nonwireline
selectee in the lottery held on May 5. 1986 for
the Duluth, Minnesota/Wisconsin MSA. Responsive
pleadings were filed.
2. Northern alleges that CTI is financially disqualified.
Under the terms of the loan from the First National Bank
at Lubbock, CTI's directors are required to unconditionally
guarantee the loan, however, Northern alleges that
the directors have not done so. Without this security, it
contends this commitment is defective. Northern avers
that CTI has not properly accepted the bank's offer nor
has demonstrated it paid a loan commitment fee. Without
this bank loan, Northern contends CTI's assets are insufficient
to finance its proposal and points out that CTI did
not submit a current balance sheet. CTI asserts that the
bank loan was accepted by its president, on behalf of the
board of the directors, and that it paid the loan commitment
fee. Moreover, it submitted an amendment, which it
contends would immediately rectify these and any other
alleged problem with its financial qualifications.
3. Additionally, Northern contends the application is
technically defective. Northern states that the application
proposes 100 watts for Cell A, which exceeds the limits
provided by Section 22.905 of the Rules. Also, Northern
asserts that CTI did not use a polar diagram for Cell D,
which resulted in wrong data listed for antenna gain and
contours. The entire system, according to Northern, does
not cover as much of the CGSA as represented in CTI's
engineering prospectus. Based upon these errors, Northern
contends the application must be denied. CTI contends
that Northern fails to recognize that it proposed a
directional antenna for Cell A. Based upon its engineer's
analysis, CTI asserts that "the directional antenna pattern
substantially reduces its effective radiated power from 100
watts to as low as 2.5 watts along certain of the cell's eight
principal radials" and "lies well within the Section 22.905
height-power limits". Likewise, CTI maintains Cell D
complies with the rules since this cell has a side mounted
4. Financial Qualifications. Upon review of the application,
we conclude that CTI's application satisfies our firm
financial requirements of Section 22.917(b) of the Rules.
CTI's July 1 amendment, as clarified by its August 13
amendment and pleadings filed, establish that CTI accepted
the bank's loan commitment and that its corporate
directors unconditionally guaranteed the loan.' Based
upon CTI's amendment representing that its Certified
Public Accountant considered its balance sheet dated May
15 as substantially correct as of July 1, we find that this
balance sheet is acceptable under our rules. Therefore, we
conclude that CTI is financially qualified.
5. Technical Qualifications. We conclude that CTI is in
technical compliance with the rules, except for two
radials for Cell A. With reference to these radials, CTI is
required to reduce its effective radiated power along its
270 and 315 degree radials to 67 watts. Concerning Northern's
allegations relating to Cell D, we find that CTI filed
a polar diagram (Exhibit 10-p.2) and appropriate data for
this site. Based upon CTI's technical showing, we conclude
that it is technically qualified.
6. Accordingly, IT IS ORDERED That the Petition to
Deny filed by Northern Illinois Cellular Communications,
Inc. IS DENIED.
7. IT IS FURTHER ORDERED That the application of
Cellular Technology, Inc., File No. 22397-CL-P-141-A-86
IS GRANTED, subject to the provisions in paragraph 5,
and will be effective when the amendment is filed. Furthermore,
the amendment must be filed within 30 days of
the release of this Order or the application will be dismissed.
Construction is not authorized at any location for
which a final Federal Aviation Administration determination
has not been submitted to the Commission and any
required marking and lighting specifications have not
been issued by the Commission.
8. IT IS FURTHER ORDERED, That all other nonwireline
applications in this market ARE HEREBY DISMISSED,
subject to CTI's filing of its amendment.
9. This Order is issued under Section 0.291 of the
Commission's Rules and is effective on its release date.
Petitions for reconsideration under Section 1.106 or applications
for review under Section 1.115 of the Rules
may be filed within 30 days of the date of public notice of
this Order. See Section 1.4(b)(2) of the Rules.
FEDERAL COMMUNICATIONS COMMISSION
Kevin J. Kelley
Chief, Mobile Services Division
Common Carrier Bureau
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/17/: accessed January 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.