WPC< 2MBVRKZ3|x 7jC:,!Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxdHP LaserJet 5Si_5202_LPT2HPLAS5SI.PRSXj\  P6G;\d&OFXP2 K 3|x "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd2N Z >zKK HP LaserJet 5Si_5202_LPT2HPLAS5SI.PRSx  @\d&OFX@CourierTimes New RomanTimes New Roman ItalicCourier Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxd"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d"" {O'#X\  P6G;ɒP#эSee Letter from Jerome Vigil, Partner of LORALEN PCS INC to Audrey Baskin, Legal Branch, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications  {Om'Commission (February 17, 1999) ("Letter")._ You claim that extenuating circumstances delayed the filing of your application and request that you be permitted to file after the deadline of February 12, 1999, 5:30 p.m. In order to obtain a waiver of the Commission's auction application filing deadline, LORALEN must show "(i) that the underlying purpose of the rule will not be served, or would be frustrated, by its application in the particular case, and that grant of the waiver is otherwise in the public interest; or (ii) that the unique facts and circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to  X4the public interest." > {O0'#X\  P6G;ɒP#э47 C.F.R.  1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972) For the reasons cited below, we find that LORALEN's Letter and the circumstances surrounding its waiver request fail to meet the Commission's criteria for obtaining a waiver.  X94The Commission established the February 12, 1999 filing deadline in a Public Notice released  X$4December 23, 1998.g$F> {O%'#X\  P6G;ɒP#эSee "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March  {O&'23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 982604 (rel. December 23,  {Ow''1998); see also "Correction to Attachment A; Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction C, D, E, and F Block Broadband Personal Communications Services  {O )'Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice" )0*0*0*)" (rel. January 21, 1999) and "Supplement to Attachment B; Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural  {O'Issues," Public Notice, DA 99302 (rel. February 8, 1999). See also FCC Auction, "C, D, E & F Broadband  {O'PCS Auction BTA Basic Trading Area, March 23, 1999," Bidder Information Package.g The Commission's Rules require that FCC Form 175 applications be"$|0*0*0*"  X4  electronically filed.m|4% yO-'#X\  P6G;ɒP#э47 C.F.R.  1.2105m To facilitate filing, the Commission's remote access system was  X4available for submission of applications 24 hours per day beginning January 25, 1999. 4% {O '#X\  P6G;ɒP#эPublic Notice, DA 982604 at 17; Bidder Information Package at Tab F, p. 148. Applicants were cautioned that "[l]ate applications or unconfirmed submissions of electronic  X4date will not be accepted."4% {O '#X\  P6G;ɒP#эBidder Information Package at Tab F, p. 148. You acknowledge using the remote access system on January 25, 1999, when it first became  Xv4available for submission of LORALEN's application.yv0 4% {OW'#X\  P6G;ɒP#čSee Letter at  1.y According to your letter, you first contacted the Commission's technical support hotline on February 12, 1999, at 4:30 p.m. (EST), approximately one hour before the end of the application filing period. You cite as the reason for delay that you made an emergency trip out of town on February 11, 1999 to visit a gravely ill relative, as well as problems with your computer on February 12, 1999. Despite attempts to resolve your computer problems, you were unsuccessful and requested that  X 4the Commission accept your application orally. 4% yO_'#X\  P6G;ɒP#эThis request was denied by the technical support aide and is included in an audiotaped conversation with you on February 12, 1999 at approximately 4:30 p.m. (EST). On the basis of the record before us, we are not persuaded that LORALEN has demonstrated that application of the deadline in its case would undercut or frustrate its purpose, nor do we find that LORALEN presented unique circumstances sufficient to justify grant of its waiver  Xy4request. The Commission's Rules, its Public Notices and the Bidder Information Package  Xd4provided comprehensive notice of filing procedures for Auction No. 22.z d4% {O/ '#X\  P6G;ɒP#эSee footnote 2, supra.z The Commission's Rules are best served by applying deadlines in a fair and consistent manner. We also believe that LORALEN had sufficient time to submit its application prior to the filing deadline. By your own admission, your computer and personal problems occurred the day before the end of the filing period, leaving three previous weeks in which LORALEN might have filed properly. Moreover, applicants are responsible for ensuring that their computer systems are  X4adequate to connect and interface with the Commission's filing software. 4% {O7''#X\  P6G;ɒP#эBidder Information Package at Tab F, p. 148. Accordingly, we"> 0*((" are not convinced that a grant of the waiver is warranted or would be in the public interest. Therefore, LORALEN's request for a waiver of the application submission deadline is denied. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's  X4Rules.m 4% yO'#X\  P6G;ɒP#э47 C.F.R.  0.331.m ` `  hhCqSincerely, ` `  hhCqAmy J. Zoslov ` `  hhCqChief, Auctions and Industry Analysis Division  X 4` `  hhCqWireless Telecommunications Bureau#x6X@`7X@#