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                                        DA 99-423
                                        Released March 3, 1999

Ms. Jeanne W. Stockman
Kurtis & Associates, P.C.
2000 M Street, N.W.
Suite 600
Washington, D.C.  20036

Dear Ms. Stockman:

This letter responds to the "Emergency Petition for Waiver" ("Waiver Petition") that you filed on
February 25, 1999 and amended by erratum on February 26, 1999, on behalf of your client, Tri-
States PCS, Inc. ("Tri-States").  Tri-States requests permission to amend its short-form
application (FCC Form 175) for participation in Auction No. 22 to delete from its application
spectrum returned to the Commission by Tri-States' affiliate DiGiPH PCS, Inc. ("DiGiPH"). 
Under the Commission's Rules, Tri-States is ineligible to bid for BTA B094 and BTA B292
because DiGiPH disaggregated spectrum in those two markets during the Commission's C block
restructuring process.

According to Tri-States, although it chose all markets in its FCC Form 175, it never intended to
bid on or re-acquire spectrum returned to the Commission by DiGiPH.  In its erratum to its
Waiver Petition, Tri-States submitted a declaration by its President, Paul Brown to this effect.  In
addition, Brown stated that Tri-States was unaware that the Commission's Rules would be
violated when Tri-States designated all markets on its application.

Upon review of your pleading, we are persuaded that the grant of Tri-States' Waiver Petition is in
the public interest and is consistent with the Commission's practice.  Consequently, we will
permit Tri-States to amend its FCC Form 175 to delete BTA B094 and BTA B292.  This
amendment will make Tri-States' short-form application accepted for filing. 

This action is taken under delegated authority pursuant to Section 0.331 of the Commission's
Rules.

                              Sincerely,



                              Amy J. Zoslov
                              Chief, Auctions and Industry Analysis Division
                              Wireless Telecommunications Bureau