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                                        DA 99-692
                                        April 13, 1999


Ms. Sylvia Lesse
Kraskin, Lesse & Cosson, LLP
2120 L Street, NW, Suite 520
Washington, DC 20037

     Re:  Petition for Acceptance of Late-Filed Application 

Dear Ms. Lesse:

This letter responds to your March 30, 1999 petition on behalf of Elite JV ("Elite"), requesting
that the Commission accept Elite's late, manually-filed short-form application (FCC Form 175)
and seeking a one-day extension of the short-form deadline for Auction No. 23.  You claim that
technical problems delayed the filing of Elite's application and request that the Commission accept
Elite's application after the deadline of March 29, 1999 at 5:30 p.m (EST) so that Elite may
participate in the Commission's Local Multipoint Distribution Service ("LMDS") auction.

In substance, you are seeking a waiver of the filing deadline for submission of short-form
applications.  In order to obtain a waiver of the Commission's auction application filing deadline
rules, Elite 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 the public
interest.  For the reasons stated below, we find that your petition and the circumstances
surrounding Elite's waiver request fail to meet the Commission's criteria for granting a waiver.  

Ms. Sylvia Lesse
April 13, 1999
Page Two


The Commission established the March 29, 1999 filing deadline in the LMDS Public Notice,
which was released on January 29, 1999.  The Commission's rules require the electronic filing of
FCC Form 175 applications as noted in the LMDS Public Notice.  To facilitate filing, the
Commission's remote access system was available for submission of applications 24 hours per day
beginning March 5, 1999.  Applicants were cautioned that late applications would not be
accepted.

The petition states that Elite's consultant "initiated" submission of Elite's FCC Form 175
application 30 minutes before the submission period ended and was unsuccessfully attempting to
contact the Commission's Technical Support staff via telephone when the submission period
ended.  Accordingly, Elite failed to submit an FCC Form 175 application for Auction No. 23. 
The petition provides no other facts concerning the circumstances that resulted in Elite's failure to
file on a timely basis.  It is the applicant's responsibility to ensure that deadlines are met and that
those entrusted with the task of preparing and filing short-form applications have the requisite
skill and experience to accomplish the task.   

On the basis of the record before us, we are not persuaded that Elite has demonstrated that
application of 47 C.F.R.  101.1104 and 1.2105 to its case would undercut or frustrate the rules'
purpose, nor do we find that Elite has presented unique circumstances sufficient to justify grant of
its waiver request.  The Commission's Rules and the LMDS Public Notice provided
comprehensive notice of filing procedures for Auction No. 23.  The Commission's rules are best
served by applying deadlines in a fair and consistent manner.   



Ms. Sylvia Lesse
April 13, 1999
Page Three


We also believe that Elite had sufficient time to submit its application prior to the filing deadline. 
The Commission specifically cautioned applicants to file early and allow adequate 
time for filing their applications.  Moreover, applicants are responsible for ensuring that 
their computer systems are adequate to connect and interface with the Commission's filing 
software.  Accordingly, we are not convinced that a grant of the waiver is warranted or would
be in the public interest.

Therefore, Elite's request for a waiver of the short-form application submission deadline rules, 47
C.F.R.  101.1104 and 1.2105, is denied.  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