Omnipoint Communications New York MTA Frequency Block A; Establishment of New Personal Communications Services

By this action, the Commission denies a petition for declaratory ruling filed by The Wireless Communications Council (WCC). The Commission finds that WCC has not demonstrated the existence of a controversy or uncertainty sufficient to warrant exercise of the Commission's discretion to issue a declaratory ruling. The intended effect of this action is to clarify when it is appropriate for the Commission to issue a declaratory ruling regarding whether a party awarded a pioneer's preference has made substantial use of its pioneering technology.