FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,280
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Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
In re Applications of
File No. 00009-CL-MP-87
File No. 29738-CL-MP-86
File No. 29739-CL-MP-86
For authority to modify their
construction permits in the Domestic
Public Cellular Radio
Telecommunications Service on
Frequency Block A in the Wilmington,
Delaware and Long Branch, New Jersey
Metropolitan Statistical Areas
MEMORANDUM OPINION AND ORDER
Adopted December 17, 1986; Released December 23, 1986
cific exhibits, including those referred to by BAMS in its
Comments. It has not been the practice of the Mobile
Services Division staff, however, to require that these
eleven exhibits be included with applications which were
treated as major amendments under Section 22.903(d)
when that information was already on file with the Commission
and would remain substantially unchanged, as is
the case in the captioned applications. To have required
applicants, including BAMS, who have filed similar applications
in the past to file Section 22.913 or Section
22.917 information would have been placing an unnecessary
burden on those applicants.
4. BAMs' comments do not merit serious consideration.
Furthermore, on December 8, 1986 the applicants submitted
amendments to the captioned applications which
brings those applications into full compliance with the
5. In light of the above facts, IT IS ORDERED, That
the Comments filed by Bell Atlantic Mobile Systems
regarding the referenced applications are hereby DISMISSED
6. IT IS FURTHER ORDERED, That the applications
of Wilmington Cellular Telephone Company (File No.
00009-CL-MP-87) and Long Branch Cellular Telephone
Company (File No. 29738-CL-MP-86 and File No.
29739-CL-MP-86) ARE GRANTED.
7. 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).
FEDERAL COMMUNICATIONS COMMISSION
By The Common Carrier Bureau:
1. On September 29, 1986, Long Branch Cellular Telephone
Company (LBC) filed its referenced applications to
modify cells in three townships. On October 8, 1986,
Wilmington Cellular Telephone Company (WC) filed its
referenced application to modify one cell. All of the
referenced applications were deemed applications for
changes in the authorized CGSA under Section 22.903(d)
of the rules. Bell Atlantic Mobile Systems of Philadelphia,
Inc. (BAMS) filed comments regarding all three applications.
LBC and WC (collectively "the applicants") filed
replies to the comments.
2. In its comments BAMS claims that the applicants
failed to file information required by Sections 22.913 and
22.917 when they filed their applications.' The applicants
claim that "BAMS' Comments are a blatant abuse of
Commission processes designed soley to delay grant" of
the captioned applications. They further point out that
the Commission has not routinely required the filing of
the information required by Sections 22.913 and 22.917 of
the rules when the application is not truly an extension of
the CGSA and when that information is already on file
with the Commission as the result of the filing of the
3. We agree with the applicants. Section 22.903(d) of
the rules states that "An applicant whose proposal would
extend the 39 dbu contour . . . outside of its currently
authorized CGSA will be deemed to be applying for a
change in its CGSA." Section 22.913 requires that applications
for modified facilities will include eleven speKevin
Chief, Mobile Services Division
Common Carrier Bureau
l Specifically, BAMS claims that the applicants failed to
include the following, required by Section 22.913: 1) a reduced
CGSA map; 2) an exhibit containing the engineering data and
calculations used to derive the service contours shown; 3) an
exhibit stating how the proposal complies with the Commission's
cellular design concepts and indicating the proposed
method for coordinated expansion of the system in response to
changing service demands; 4) an exhibit indicating the basis for
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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/m1/19/: accessed July 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.