**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In re Request of )

)

SKYTEL COMMUNICATIONS, INC. ) File No. 0000116431

> )

To Waive Section 22.813(a) of )

The Commission's Rules )

# ORDER 

**Adopted:** **June 8, 2001** **Released:** **June 11, 2001**

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

1\. On April 25, 2000, Skytel Communications, Inc. ("Skytel") filed an
application to operate in the Air-Ground Radiotelephone Service on the
454.975 MHz channel at South New Bern, North Carolina. Stratophone, LLC
("Stratophone") filed a request to dismiss the application on May 19,
2000 on the ground that the proposed Skytel transmitter is within 1000
kilometers (621 miles) of station CGG273 at Toronto, Canada, in
violation of section 22.813(a) of the Commission's rules.[^1] The
Licensing and Technical Analysis Branch of the Commercial Wireless
Division subsequently returned Skytel's application on September 11,
2000. In response, on September 27, 2000, Skytel filed a request to
waive section 22.813(a). In this Order, we deny Skytel's waiver request
and dismiss its application.

2\. Pursuant to section 1.925(b)(3) of the Commission's rules, a waiver
request may be granted if it is shown that: (1) the underlying purpose
of the rule would not be served, or would be frustrated by application
to the instant case, and that a grant of the requested waiver would be
in the public interest; or (2) in view of unique or unusual factual
circumstances of the instant case, application of the rule(s) would be
inequitable, unduly burdensome or contrary to the public interest, or
the applicant has no reasonable alternative.[^2] Skytel states that the
purpose of the distance separation requirement contained in section
22.813(a) would not be served by enforcing the rule and that grant of a
waiver is in the public interest because the proposed transmitter site
is only 19 miles short of the required separation distance and there is,
therefore, no possibility of harmful interference to station CGG273.[^3]
Skytel fails, however, to provide any support for its assertion that
there is no possibility of harmful interference to station CGG273. We
are therefore not persuaded that grant of this waiver request would be
in the public interest, nor do we find that Skytel has presented unique
or unusual factual circumstances sufficient to justify grant of its
waiver request.

3\. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.331
and 1.925 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.925, the
waiver request filed by Skytel Communications, Inc. on September 27,
2000, IS DENIED.

4\. IT IS FURTHER ORDERED that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.331,
1.925, and 1.934(d)(2) of the Commission's rules, 47 C.F.R. §§ 0.331,
1.925, 1.934(d)(2), the associated application of Skytel Communications,
Inc., File No. 0000116431, IS DISMISSED.

5\. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 309(d)(1)
of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 309, and by
sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R. §§ 0.331,
1.939, the request to dismiss filed by Stratophone, LLC on May 19, 2000,
IS DISMISSED as moot.

FEDERAL COMMUNICATIONS COMMISSION

Paul D'Ari

Chief, Policy and Rules Branch

Commercial Wireless Division

Wireless Telecommunications Bureau

[^1]: 47 C.F.R. § 22.813(a).

[^2]: 47 C.F.R. § 1.925(b)(3).

[^3]: Waiver Request at 1.