NEWS
Report No. WT 96-3        WIRELESS TELECOM ACTION          January 30, 1996


                  FCC DENIES REQUEST FOR WAIVER OF IVDS 
                       APPLICATION FILING DEADLINE 

     The FCC has denied a request for waiver of an Interactive
Video and Data Service (IVDS) "short-form" (auctions) application
filing deadline.  The Commission's action denies an Application
for Review filed by Interactive Capital Group (ICG), and affirms
a determination by the Wireless Telecommunications Bureau.

     On July 28-29, 1994, the Commission held an auction for IVDS
licenses.  To participate in the auction, applicants were
required to submit an FCC Form 175 ("short-form") application no
later than 5:30 p.m. on June 27, 1994.  The applications, which
did not require an application fee, were submitted directly to
the Commission's auction contractor, Tradewinds International,
Inc. (Tradewinds), located at Washington National Airport.  
ICG filed its application, by hand, three minutes late.  It later
filed a request for waiver of the filing deadline, and was
permitted to participate in the auction conditionally.  ICG won
four IVDS licenses.  

     Before the Bureau, ICG argued that a waiver was justified
because the application filing location was poorly marked and the
on-site airport personnel with whom ICG spoke were not familiar
with the location.  The Bureau found that, while ICG had missed
the filing deadline by just a few minutes, it had described no
"unusual or compelling" circumstances to support its waiver
request.  Before the Commission, ICG argued that the 5:30 p.m.
deadline was arbitrary and capricious, and that the Commission
had erred in specifying the Tradewinds location by Public Notice,
rather than by Commission Rule.  The Commission rejected these
procedural arguments. 

     Action by the Commission January 16, 1996, by Memorandum
Opinion and Order (FCC 96-5).  Chairman Hundt and Commissioners
Quello, Barrett, Ness and Chong.

                                  - FCC -

News Media contact:  Stacey Reuben Mesa at (202) 418-0654.
Wireless Telecommunications Bureau contact:  Eric Malinen at
(202) 418-0638.