*Pages 1--2 from Microsoft Word - 35738* FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 DA 04- 381 February 12, 2004 Delaney M. DiStephano, Esq. Higgs Law Group 1028 Brice Road Rockville, MD 20852 Dear Ms. DiStephano: This letter responds to a request filed on behalf of Anderson Communications, Inc. (“ Anderson”) seeking to amend its FCC Form 175 (“ short- form”) application to participate in Auction No. 55. 1 Specifically, Anderson states that Barney Peterson, the president and sole shareholder of Anderson, passed away after the short- form application filing deadline, and that all shares of Anderson have passed into Mr. Peterson’s estate. 2 Anderson’s amendment to its short- form application alleges that all shares of the company will ultimately pass to Mr. Peterson’s spouse. 3 Anderson requests that its amendment be treated as a permissible minor amendment pursuant to Section 1.2105( b)( 2) of the Commission’s rules. 4 Alternatively, Anderson requests a waiver of Section 1.2105( b)( 2) to allow a major amendment to its short- form application. 5 On October 17, 2003, the Wireless Telecommunications Bureau (“ Bureau”) released a public notice announcing the start date and other procedures governing Auction No. 55. 6 The Auction No. 55 Procedures Public Notice required applicants to submit their short- form applications by December 15, 2003. 7 On December 15, 2003, Anderson timely submitted its short- form application. 8 On January 27, 2004, the Bureau released the Auction No. 55 Qualified Bidders Public Notice, which listed Anderson as a qualified bidder in the auction. 9 On January 28, 2004, Anderson submitted its short- form amendment notifying the 1 See FCC Form 175, Request for Amendment, submitted by Anderson on January 28, 2004 (“ Amendment”). 2 Id. 3 Id. 4 Id.; 47 C. F. R. § 1.2105( b). 5 Amendment at 1. 6 Auction of 900 MHz Specialized Mobile Radio Service Licenses Scheduled for February 11, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 21176, 21192 (WTB 2003)(“ Auction No. 55 Procedures Public Notice”). 7 Id. 8 900 MHz Specialized Mobile Radio Service Spectrum Auction, Status of FCC Form 175 Applications to Participate in the Auction, Public Notice, DA 04- 16 (rel. January 7, 2004). 1 Anderson Communications, Inc. February 12, 2004 Page 2 2 Commission that the president and sole shareholder of Anderson had passed away on January 17, 2004. 10 Section 1.2105( b)( 2) of the Commission’s rules prohibits an applicant from making major modifications to its short- form application after the short- form filing deadline, which for Auction No. 55 was December 15, 2003, at 6: 00 p. m. ET. 11 We note that the Part 1 Competitive Bidding Rules do not expressly address involuntary transfers of control due to the death of a controlling interest in a short- form applicant. We hereby determine that an involuntary transfer of control due to the death of an applicant’s controlling interest does not constitute a major amendment prohibited by Section 1.2105( b)( 2). Accordingly, Anderson’s amendment to its short- form application for Auction No. 55 is permitted. Because we permit Anderson to amend its application, we do not address its request for a waiver of Section 1.2105( b)( 2). Accordingly, we grant Anderson’s request to amend its short- form application to participate in Auction No. 55. This action is taken under delegated authority pursuant to Section 0.331 of the Commission’s rules. 12 Sincerely, Margaret W. Wiener Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau 9 900 MHz Specialized Mobile Radio Service Spectrum Auction, 17 Qualified Bidders, Public Notice, DA 04- 142 (Jan. 27, 2004) (“ Auction No. 55 Qualified Bidders Public Notice”). 10 Amendment at 1. 11 47 C. F. R. § 1.2105( b). 12 47 C. F. R. § 0.331. 2