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$// MO&O, NCP Cellular Limited Partnership, DA 95-594//$
$/ Assignment application/$
$///DA 95-594 3/23/95///$
///newjob///

                              Before the 
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C.  20554

                                                                           DA 95-594
In re Application of                         )
                                   )
NCP Cellular Limited Partnership             )  File No. 00865-CL-AL-1-94
                                   )
For assignment of Station KNKQ383       )
in the Domestic Public Cellular              )
Telecommunications Service on                )
Frequency Block A, in Market 675,       )
Utah-3-Juab                             )

                       MEMORANDUM OPINION AND ORDER

Adopted:    March 23, 1995                        Released:March 29, 1995


By the Chief, Wireless Telecommunications Bureau: 

                             I.  INTRODUCTION

        1.       NCP Cellular Limited Partnership (NCP)  filed an application for authorization
to assign its interest in Utah 3 to Triad Utah, L.P. (Triad).  This assignment application was
listed on public notice December 2, 1993.  No petitions were received within 30 days of this
notice and the assignment application was granted on January 13, 1994.  On February 14, 1994,
Catherine Ferri filed a petition for reconsideration of this assignment of license.  NCP opposes
the petition and Triad has filed a motion to strike Ferri's petition for reconsideration.  For the
reasons stated below, we dismiss Ferri's petition.

                              II.  DISCUSSION

            2.  Ferri's petition is defective.  The assignment application seeking authorization
to assign the Utah 3 license to Triad was listed on public notice on December 2, 1993.  Ferri
did not object to that assignment, and the application was granted January 13, 1994.    Ferri's
petition, filed on February 14, 1994,  fails to comply with Section 1.106(b)(1) of the
Commission's Rules.  That rule requires that a person not a party to a proceeding state with
particularity the manner in which [her] interests are adversely affected by the action taken.  It
further requires that the petitioner show good reason why it was not possible for her to
participate in the earlier stages of the proceeding.  Ferri offers no explanation for not doing so. 
Therefore, Ferri's petition is dismissed.

                  III. CONCLUSION AND ORDERING PARAGRAPH    

        3.     We find that the petition for reconsideration filed by Catherine Ferri is
procedurally defective.  We therefore dismiss Ferri's petition for reconsideration.   Accordingly,
IT IS ORDERED THAT Catherine Ferri's petition for reconsideration of the assignment of
license from NCP Limited Partnership to Triad Utah, L.P. IS DISMISSED.    

        4.     IT IS FURTHER ORDERED THAT the opposition filed by NCP Limited
Partnership and the motion to strike filed by Triad Utah, L.P.  ARE  GRANTED TO THE
EXTENT INDICATED. 



                         FEDERAL COMMUNICATIONS COMMISSION




                         Regina M. Keeney
                         Chief, Wireless Telecommunications Bureau