UNITED STATES COURT OF APPEALS FOR THE D.C. CIRCUIT


BENKELMAN TELE CO

v.

FCC


97-1245c

D.C. Cir. 2000


*	*	*


O R D E R


It is ORDERED by the court that the opinion filed by the court on July
28, 2000 be amended to delete the text at page 8, line 25 through page
9, line8 ("Despite some general similarities . . . within the meaning
of section 309(j)(1).") and substitute the following language: 


The petitioners note that the two licensing schemes provide the same
paging service on the same frequencies, basically provide fill-in
sites and maintain the same licensee buildout requirements.
Nevertheless, they themselves acknowledge, as they must,  that the
geographic license scheme has wrought "fundamental alterations to the
paging industry's market structure and licensing schemes."
Petitioners' Br. 30. Under the geographic scheme non-incumbents can
compete for the available spectrum, however much remains, on equal
footing with incumbents and successful applicants have far greater
freedom in selecting transmitter locations; yet at the same time new
licensees assume much more responsibility for researching site
locations to protect incumbents from interference. Given the new
scheme's "fundamental" alterations, we hold the FCC reasonably treated
modification applications by incumbents as "initial" applications


Per Curiam For the Court:


Mark Langer