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 Federal  Communications  Commission  DA  00-  352 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  re  Application  of  )  ) 


 SDC  CELLULAR  PARTNERSHIP  )  )  File  No.  10097-  CL-  P-  51-  A-  94 
 For  Phase  I  Unserved  Area  Authorization  )  in  the  Cellular  Radiotelephone  Service  ) 
 Market  51A  -  Jacksonville,  Florida  ) 


 ORDER 
 Adopted:  February  23,  2000  Released:  February  24,  2000 
 By  the  Chief,  Policy  and  Rules  Branch,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau: 


 1.  We  have  before  us  an  application  for  a  cellular  Phase  I  unserved  area  authorization  in  the  Jacksonville,  Florida  Metropolitan  Service  Area,  Market  No.  51A  (Jacksonville  MSA),  filed  by  SDC 
 Cellular  Partnership  (SDC)  on  March  10,  1993  and  a  Petition  to  Deny  (Petition)  this  application  filed  by  Jacksonville  Cellular  Telephone  Company  (Jacksonville  Cellular)  on  March  16,  1995.  1  Jacksonville 
 Cellular  is  the  channel  Block  A  licensee  in  the  Jacksonville  MSA.  Jacksonville  Cellular  claims  that  SDC's  application  should  be  dismissed  because  SDC's  proposed  cell  coverage  includes  an  area  where  Jacksonville 
 Cellular  is  authorized  to  provide  service.  2 
 2.  Section  22.924  of  the  Commission's  rules  provides  that  applications  for  authority  to  operate  a  new  cellular  system  in  an  unserved  area,  other  than  those  filed  by  the  licensee  of  an  existing  system  that 
 abuts  the  unserved  area,  must  propose  a  contiguous  Cellular  Geographic  Service  Area  (CGSA)  of  at  least  130  square  kilometers  (50  square  miles).  3  Our  review  of  SDC's  application  has  determined  that  SDC's 
 unserved  area  application  proposes  a  CGSA  of  only  46.6  contiguous  square  miles.  We  therefore  dismiss  SDC's  application  as  defective  and  dismiss  Jacksonville  Cellular’s  Petition  as  moot. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  section  4(  i)  of  the  Communications  Act  of  1934  as  amended,  47  U.  S.  C.  §  154(  i),  and  sections  0.331,  22.128(  d)(  2),  and  22.924  of  the  Commission's  rules,  47 
 C.  F.  R.  §§  0.331,  22.128(  d)(  2),  and  22.924,  the  above-  captioned  application  filed  by  SDC  Cellular 
 1  See  Public  Notice,  Report  No.  CL-  95-  42  (rel.  Jan.  31,  1995),  announcing  that  petitions  to  deny  the  above-captioned 
 application  were  due  on  March  16,  1995. 
 2  Petition  at  1. 


 3  47  C.  F.  R.  §  22.924  (1994).  That  section  has  since  been  recodified  as  47  C.  F.  R.  §  22.951  (1998).  See  also 
 John  K.  Lemons/  Delta  Trust  Partnership,  13  FCC  Rcd.  8058,  8060  (1997)  (unserved  area  application  dismissed  because  the  proposed  CGSA  encompassed  less  than  50  square  miles). 
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 Federal  Communications  Commission  DA  00-  352 
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 Partnership  on  March  10,  1993  IS  DISMISSED. 
 4.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  section  4(  i)  of  the  Communications  Act  of  1934  as  amended,  47  U.  S.  C.  §  154(  i),  and  sections  0.331  and  22.130  of  the  Commission's  rules,  47  C.  F.  R.  §§ 
 0331,  22.130,  the  Petition  to  Deny  filed  by  Jacksonville  Cellular  Telephone  Company  on  March  16,  1995  IS  DISMISSED  as  moot. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Paul  D'Ari  Chief,  Policy  and  Rules  Branch 
 Commercial  Wireless  Division  Wireless  Telecommunications  Bureau 
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