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



In the Matter of 

Longstreet Communication International, Inc. )    File No. 00138-CW-L-96
Request for Waiver of Section 24.711(a)(2) of     )
the Commission's Rules Regarding        )
Market No. B012                         )
                                   )

                                
                  MEMORANDUM OPINION AND ORDER

     Adopted:  March 16, 1999                     Released:  March 16, 1999

By the Deputy Chief, Wireless Telecommunications Bureau: 

                        I. INTRODUCTION

     
1.  The Wireless Telecommunications Bureau (Bureau) has before it a Petition for Waiver, filed on February
12, 1997, by Longstreet Communication International, Inc. (Longstreet).  Longstreet requests that the
Commission "waive" the requirement that it pay a late fee for failure to meet the deadline for submitting the
balance of a down payment for a C block PCS license that Longstreet won at auction.  Because Longstreet's
petition was filed in response to the Longstreet Waiver Order, which granted in part Longstreet's request for
a waiver of section 24.711(a)(2) of the Commission's rules, we will treat Longstreet's petition as a petition for
reconsideration.  For the reasons discussed below, we deny Longstreet's petition.

                        II.  BACKGROUND
     
     1.  On February 4, 1997, the Bureau released an Order granting, in part, Longstreet's 1996 Petition,
because it found that Longstreet presented sufficient facts to meet the standard for a partial waiver of the down
payment rule.  The Bureau found that prior to the second down payment, Longstreet made all previously
required auction payments on time and in full.  In addition, Longstreet paid the second down payment as soon
as it realized its error and the Bureau found that there was no indication in the record that the payment
delinquency was part of a deliberate effort by Longstreet to delay payment.  Finally, the Bureau noted that upon
receiving notice from the Commission that its account was delinquent, Longstreet paid the balance due.

     2.  While the Bureau concluded that the public interest would not be served by rigid enforcement of
the second down payment deadline, which would have resulted in the cancellation of Longstreet's conditional
license, it also concluded that Longstreet was not entitled to a complete waiver of the default rules.  The
Bureau stated that it is the applicant's responsibility to become aware of Public Notices released by the
Commission, and failure to do so does not excuse Longstreet for making an untimely payment.  Accordingly,
the Bureau assessed Longstreet a late fee of five percent of the untimely payment paid, which amounts to
$5,546.25, and stated that the late fee serves to underscore the importance of making timely payment of all
auction payments.
     
     3.  In its petition, filed on February 12, 1997, Longstreet argues that the five percent late payment fee
should be waived in its entirety.  Longstreet contends that because it was never personally served notice of the
second down payment requirement, it should not be penalized for the late payment.  

                        III.  DISCUSSION

     4.  We disagree with Longstreet's argument that the Bureau was required to provide personal notice
of the second down payment deadline.  Neither the Administrative Procedures Act nor the Communications Act
of 1934, as amended, require the Commission to provide applicants personal notice of procedural payment
deadlines.  Longstreet had adequate notice of the second down payment deadline because:  (1) section
24.711(a)(2) of the Commission's rules states that the second down payment must be made within five business
days of the conditional grant; (2) this requirement was explained in the Bidder Information Package, which
Longstreet received before the auction; and (3) the Final Down Payment Public Notice, released on September
17, 1996, notified the public that the second down payment was due on September 24, 1996.  Because it is
incumbent upon applicants to diligently prosecute their applications by ascertaining and complying with the
applicable payment deadlines established by public notice, we reject Longstreet's argument that it did not
receive proper notice.

     5.  Accordingly, pursuant to section 0.331 of the Commission's rules, 47 C.F.R.  0.331, IT IS
ORDERED that the Petition for Waiver filed February 12, 1997, by Longstreet Communication International,
Inc. IS DENIED.

     6.  IT IS FURTHER ORDERED that the license for market B012 (Altoona, Pennsylvania) will be
removed from Auction No. 22.

     
          
                              FEDERAL COMMUNICATIONS COMMISSION

                    
                              James D. Schlichting
                              Deputy Chief, Wireless Telecommunications Bureau