January 2, 1996

Thomas Gutierrez, Esq.
Lukas, McGowan, Nace &
Gutierrez
1111 19th St., N.W.
Suite 1200
Washington, DC 20036

     Re:  New England PCS, L.P. Request for Waiver

Dear Mr. Gutierrez:

     In a filing dated December 12, 1995, you requested on behalf of your client, New England
PCS, L.P. ("New England") a waiver of the Commission's PCS-cellular cross-ownership and
spectrum cap rules (47 C.F.R.  20. 6 and 24.204).  You state that New England requested to be
eligible to bid on all markets in in its short-form application to participate in the Broadband PCS
C block auction.  You further state that after New England filed its short-form application, it
discovered that it may have attributable cellular interests in the following five markets:  BTA 99,
BTA 126, BTA 227, BTA 249 and BTA 384.  Consequently, New England requests that it be
permitted to bid conditionally on these five markets "in the event that waivers are granted to other
applicants who made request [sic] after November 13, 1995."  New England also requests
confirmation that it will be permitted to bid on all markets other than those in which it may have
attributable cellular interests, or alternatively, it requests permission to delete the five markets
from its short-form application.

     New England's waiver request is denied.  All potential bidders were given notice of
Radiofone's challenge to the PCS-cellular cross-ownership rule in the Supplemental Bidder
Package.  Supplemental Bidder Package, p. 23.  On November 13, 1995, the Wireless
Telecommunications Bureau released a Public Notice in response to the Sixth Circuit's decision in
Cincinnati Bell Tel. Co. et al. v. FCC, Docket Nos. 94-3701/4113; 95-3023/3238/3315 (slip. op.
rel. November 9, 1995).  "FCC will proceed with C Block Auction on schedule," Public Notice. 
This Public Notice announced that "applicants (such as Radiofone, Inc.) that filed timely
applications and requests seeking a waiver of the PCS-cellular cross-ownership rule and the 45
MHz limit will be allowed to participate in the C block auction on a conditional basis."  Because
New England did not seek a waiver of the Commission's PCS-cellular cross-ownership and
spectrum cap rules prior to the short-form filing deadline, it is not allowed to bid conditionally on
those markets in which it has attributable cellular interests.  See, Letter to David A. LaFuria, Esq.,
December 20, 1995.  New England may, however, continue to bid on markets in which it is
otherwise eligible under the Commission's rules.


     For the reasons stated above, New England's request for waiver is HEREBY DENIED.

     
                         Sincerely,



                         Kathleen O'Brien Ham
                         Chief, Auctions Division
                         Wireless Telecommunications Bureau