Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | 11025-CL-P-672-A-89          |
|                                  | * |                              |
| Application of                   | ) |                              |
|                                  | * |                              |
| ALEE CELLULAR COMMUNICATIONS     | * |                              |
|                                  |   |                              |
| For Authorizations to Construct  | * |                              |
|                                  | * |                              |
| Nonwireline Cellular System in   | ) |                              |
|                                  | * |                              |
| Texas RSA 21 Market 672          | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

MEMORANDUM OPINION AND ORDER

**Adopted:** February 14, 2000 **Released:** February 15, 2000

By the Chief, Policy and Rules Branch, Commercial Wireless Division,
Wireless Telecommunications Bureau:

# 

1.  On July 21, 1999, the Policy and Rules Branch (Branch) of the
    Commercial Wireless Division (Division) granted a Petition for
    Reconsideration (Petition) filed by Alee Cellular Communications
    (Alee)[^1] in response to an earlier Division order that had
    dismissed all pending cellular applications, including Alee's, in
    six Rural Service Areas.[^2] The Branch order granted Alee's
    Petition and returned Alee's application to pending status.[^3]

2.  On October 18, 1999, in a proceeding that involved Alee's license in
    a different market, the Commission denied Alee's Petition for
    Reconsideration[^4] of an order in which it was held that Alee had
    made false statements to the Commission and lacked the candor
    required of licensees.[^5] The Commission accordingly upheld the
    revocation of Alee's license. Because the Commission determined in
    *Algreg* that Alee lacks the character qualifications required of
    licensees,[^6] we deny Alee's instant application for the same
    reasons.

3.  Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
    Communications Act of 1934, as amended, 47 USC § 154(i), and section
    0.331 of the Commission's Rules, 47 C.F.R. § 0.331, the
    above-captioned Application filed by Alee Cellular Communications IS
    DENIED.

4.  It is further ordered that, pursuant to section 4(i) of the
    Communications Act of 1934, as amended, 47 USC § 154(i), and section
    0.331 of the Commission's Rules, 47 C.F.R. § 0.331, the Petition to
    Deny the above-captioned application filed by Applicants Against
    Lottery Abuse on July 2, 1992 is DISMISSED AS MOOT.

    FEDERAL COMMUNICATIONS COMMISSION

Paul D'Ari

Chief, Policy and Rules Branch

Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: *In the Matter of Cellular Rural Service Area Applications in
    Market Nos. 599A and 672A*, DA 99-1426 (rel. July 21, 1999) (Branch
    Order).

[^2]: *In re Certain Cellular Rural Service Area Applications*, DA 99‑
    649 (rel. Apr. 2, 1999).

[^3]: As the Branch Order noted, a Petition to Deny Alee's application
    was timely filed by Applicants Against Lottery Abuse (AALA) on July
    2, 1992. *See* Branch Order, at 2 ¶ 4. Because we are dismissing
    Alee's application, we will dismiss AALA's Petition to Deny as moot.

[^4]: *In re Applications of ALGREG Cellular Engineering,* FCC 99-281
    (rel. Oct. 18, 1999) (*Algreg*).

[^5]: *In re Applications of ALGREG Cellular Engineering*, 12 FCC Rcd.
    8148 (1997)

[^6]: *See Algreg*, at ¶¶ 12-16 (discussing Alee's failure to satisfy
    the character qualifications for applicants).