Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) McLEOD USA INCORPORATED ) FCC File No. 0000016180 ) Request for Waiver of Commission Rule ) in Order to Provide Local Multipoint Distribution ) Service in BTA061A, BTA066A, BTA118A, ) BTA213A, BTA233A, BTA235A, BTA309A, ) BTA344A, BTA355A, BTA442A, BTA066B, ) BTA145B, and BTA462B ) ORDER Adopted: October 18, 1999 Released: October 19, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this Order, we grant the request for waiver submitted by McLeod USA Incorporated (McLeod) of Section 1.2107(c) of the Commission's Rules that its FCC Form 601 (long-form application) for the Local Multipoint Distribution Service (LMDS) auction be submitted via electronic filing. For the reasons discussed below, we grant McLeod's waiver request and accept its long-form application for authorization to provide LMDS in the following Basic Trading Areas (BTAs): BTA061A, BTA066A, BTA118A, BTA213A, BTA233A, BTA235A, BTA309A, BTA344A, BTA355A, BTA442A, BTA066B, BTA145B, and BTA462B filed on May 28, 1999. II. BACKGROUND 2. McLeod was the high bidder for authorizations to serve the above-referenced BTAs in the LMDS auction (Auction No. 23), which was completed on May 12, 1999. The Wireless Telecommunications Bureau (Bureau) released the Public Notice announcing the winning bidders in the LMDS auction (LMDS Public Notice) on May 14, 1999. All winning bidders were required to electronically file their long-form application no later than 5:30 p.m. Eastern Standard Time (EDT) on May 28, 1999. 3. On May 28, 1999, McLeod submitted its first down payment and manually filed its long-form application. McLeod indicated that for three hours on May 28, 1999, it attempted to submit its long- form application electronically on the Commission's Universal Licensing System (ULS). McLeod asserts that its computer, modem, telephone line, and auctions software were all in good working order. McLeod further asserts that each time it attempted to complete the long-form application, the computer either locked up or failed to show the list of LMDS licenses that it won. Finally, McLeod states it could not electronically file an incomplete application because the database blocked all attempts to move beyond the page where the licenses were required to be listed. III. DISCUSSION 4. McLeod requests that we waive Section 1.2107(c) of the Commission's Rules, which requires applicants to electronically file their long-form applications. The Commission mandates electronic filing because it eases filing burdens, increases application accuracy, and provides applicants with greater access to the Commission. However, we may grant a waiver of this rule when the "underlying purpose" of the rule to file electronically "would not be served or would be frustrated by application to the case, and that grant of the requested waiver would be in the public interest" or a case's "unique or unusual circumstances" make application of the rule to file electronically "inequitable, unduly burdensome or contrary to the public interest." McLeod asserts that such unique or unusual circumstances exist in this case. We agree. 5. In this case, the unique or unusual circumstances would involve the technical difficulties that McLeod experienced in its attempts to electronically file the subject application on May 28, 1999. McLeod's circumstances are indeed unique because it was the only applicant, among thirty-nine, who failed to electronically file its long-form application because it was experiencing technical difficulties. To McLeod's credit, it acted conscientiously throughout this process. For instance, on repeated occasions over a three-hour period, McLeod made good faith attempts to electronically file its long-form application. As the filing deadline approached, it informed the Commission of the technical difficulties it was experiencing with ULS. Rather than miss the filing deadline entirely, McLeod manually filed the long-form application with the Commission and made the requisite first down payment in a timely manner on May 28, 1999. Finally, it is important to note that the filing deadline for long-form applications is considered a post-auction deadline. Thus, McLeod's failure to electronically file did not delay the auction process, prejudice other applicants or otherwise affect or compromise the integrity of the auction process. Based on these facts, we conclude that it would be inequitable to apply Section 1.2107(c) of the Commission's Rules in this instance. We nonetheless note that our decision to waive this rule here should not suggest that such waivers are routine. Rather, this waiver is granted strictly pursuant to the facts of this case. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405, and Section 1.925(b)(3)(ii) of the Commission's Rules, 47 C.F.R.  1.925(b)(3)(ii), the Request for Waiver of Section 1.2107(c) of the Commission's Rules filed by McLeod USA Incorporated on June 8, 1999, IS GRANTED. 7. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau