******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 the Matter of ) ) ELECTRONIC ENGINEERING COMPANY ) WT Docket No. 96-18 ) Request for Waiver of the Commision's ) Freeze on Acceptance of Paging Applications ) ORDER Adopted: November 24, 1999 Released: November 24, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On September 10, 1997, Electronic Engineering Company (EEC) filed an emergency petition for relief (Petition), which requests a waiver of the Commision's freeze on acceptance of paging applications. For the reasons discussed below, we deny the Petition. 2. In accordance with section 1.925(b)(3) of the Commission's rules, a waiver request may be granted if it is shown that (1) the underlying purpose of the rule would not be served, or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (2) in view of unique or unusual factual circumstances of the instant case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or that the applicant has no reasonable alternative. In its Petition, EEC states that it is requesting this waiver because the freeze "is having a significant impact upon EEC's paging operations." EEC also argues that, because "no schedule has been announced as to when the Commission will issue paging licenses via auction," it is not known when EEC will have the opportunity to expand its service area. 3. We deny EEC's request for a waiver because it provides inadequate support for its assertion that the freeze is having a significant impact upon its operations. Furthermore, although there may have been some degree of uncertainty regarding the future of paging auctions on the date EEC filed its Petition, the Commission announced on June 7, 1999, that it will begin the first in a series of paging auctions on February 24, 2000. On the basis of the record before us, we are neither persuaded that grant of this waiver would be in the public interest, nor do we find that EEC has presented unique or unusual factual circumstances sufficient to justify grant of its Petition. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and sections 0.331 and 1.925(b)(3) of the Commission's Rules, 47 C.F.R.  0.331, 1.925(b)(3), the petition for relief filed by Electronic Engineering Company on September 10, 1997 IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau