18. IT IS FURTHER ORDERED, pursuant to Sections 1, 4(i), 5(c), 201 and 202 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 201 and 202, and Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91 and 0.291, that this Order IS EFFECTIVE IMMEDIATELY UPON RELEASE. USA The Wireless Telecommunications Bureau, under delegated authority, took the actions described within. A full text of the action documents will not be released. Notice is hereby given to the public that the applications (listed in Attachment A, hereto) and authorizations (listed in Attachments B and C, hereto) for paging facilities held by MobileMedia Corporation, its affiliates and subsidiaries, are either dismissed as defective, pursuant to Commission Rule 22.128(d), 47 C.F.R. Section 22.128(d), or automatically terminated, pursuant to Commission Rule 22.144, 47 C.F.R. Section 22.144. The applications for paging facilities listed in Attachment A hereto were filed pursuant to Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems and Implementation of Section 309(i) of the Communications Act -Competitive Bidding, WT Docket No. 96-18, First Report and Order, 11 FCC Rcd 16570 (1996) ("40 Mile Rule") and are hereby dismissed as defective pursuant to Commission Rule 22.128(d), 47 C.F.R. Section 22.128(d) because they were found to have been predicated upon unconstructed facilities. The authorizations for paging facilities listed in Attachment B hereto are hereby automatically terminated because they were not constructed by the expiration date of their respective construction permits. They remain unconstructed. Notice is hereby given to the public pursuant to Commission Rule 22.144, 47 C.F.R. Section 22.144. The authorizations for paging facilities listed in Attachment C hereto are hereby automatically-terminated because they were not constructed by the expiration date of their respective construction permits. Notice is hereby given to the public pursuant to Commission Rule 22.144, 47 C.F.R. Section 22.144. Although the authorizations contained in Attachment C hereto are terminated, it is concluded that a grant of interim operating authority under Section 4(i) of the Communications Act of 1934, as amended, would serve the public interest, convenience, and necessity by preserving the continuity of service to paging subscribers. See, e.g., La Star Cellular Telephone Co., 4 FCC Rcd 3777 (1989, aff'd sub nom., La Star Cellular Telephone Co. v. FCC, 899 F.2d 1233 (D.C. Cir. 1990). Accordingly, MobileMedia Corporation, its affiliates and subsidiaries, may continue to operate the facilities contained in Attachment C hereto on an interim basis in accordance with the terms and conditions of the subject terminated authorizations until such time that the Commission takes further action and without prejudice to any enforcement related action that the Commission deems appropriate. If there are questions concerning this Public Notice, please contact Ms. Charlene Lagerwerff at (202) 530-6009 or by e-mail at clagerwe@fcc.gov. FREQ. ( OF THE NORTHEAST, INC. PAGING PAGING, INC PAGING 931.8125 OF THE NORTHEAST, INC. |