******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re ) ) Mountain Solutions, Ltd., Inc. ) File Nos. 00561-CW-L-96 ) 00562-CW-L-96 Request for Waiver of Deadline for Submission) of Form 600 Applications ) ) ORDER Adopted: March 16, 1999 Released: March 16, 1999 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. The Commercial Wireless Division (Division) of the Wireless Telecommunications Bureau has before it a request filed by Mountain Solutions, Ltd., Inc. (Mountain Solutions) for waiver of the deadline for submission of Form 600 applications by high bidders in the PCS C Block auction that concluded on July 16, 1996. 2. In the PCS C Block auction held in July 1996, Mountain Solutions was the winning bidder for the licenses for Colorado Springs, Colorado (BTA B089), and Fort Collins, Colorado (BTA B149). Mountain Solutions was required to file a long-form application for each license for which it was the high bidder by 5:30 P.M. (ET) on July 31, 1996. However, Mountain Solutions did not submit its Form 600 applications until 5:33 P.M. In support of its waiver request, Mountain Solutions argues that it untimely completed submission of its Form 600 because of technical problems with the Commission's software that were outside of its control. 3. Section 1.2107(c) provides in relevant part that "[a]n applicant that fails to submit the required long-form application as required under this subsection, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the penalties set forth in section 1.2104." Mountain Solutions attempted to file its Form 600 applications timely and, when it encountered difficulty, contacted the Commission for technical support in advance of the deadline, resulting in submission only three minutes late. Thus, Mountain Solutions was engaged in the process of filing its electronic applications at the 5:30 deadline; its submission was simply not complete until 5:33. Given the de minimis amount of time involved, and the fact that Mountain Solutions was actively engaged in completing its applications at the deadline (but having technical difficulties in doing so), we find that Mountain Solutions should be granted a waiver of 47 C.F.R.  1.2107(c). We will therefore proceed with the processing of Mountain Solutions' Form 600 applications for markets B089 and B149. 4. Accordingly, Mountain Solutions' Waiver Request IS GRANTED. This action is taken under delegated authority pursuant to section 0.331 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Chief, Commercial Wireless Division Wireless Telecommunications Bureau