Local Multipoint Distribution Service (``LMDS'')

On May 8, 1997, the Federal Communications Commission adopted an Order reconsidering on its own motion its decision in the Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules To Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5- 30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services; Petitions for Reconsideration of the Denial of Applications for Waiver of the Commission's Common Carrier Point-to-Point Microwave Radio Service Rules; and Suite 12 Group Petition for Pioneer Preference, CC Docket No. 92-297, PP-22, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, FCC 97-82, released March 13, 1997 (``LMDS Second Report and Order''). The Commission affirmed its decision to refer CellularVision's Pioneer's Preference request to peer review, in order to clarify the Commission's basis for that decision. The Order also amends the LMDS competitive bidding affiliation rule in order to include an exemption for entities owned or controlled by Indian Tribes or Alaska Regional or Village Corporations. This affirmation and the rule change set forth in the Order are intended to clarify the Commission's decision and insure Indian tribes and Alaska Native Corporations a meaningful opportunity to participate in spectrum-based services.