Mr. John D. Szuchan 
10521 Whitestone Rd. 
Raleigh, NC 27615 
Dear Mr. Szuchan: 
Federal Communications Commission 
Washington, D.C. 20554 
DA 99-706 
April 13, 1999 
Tilis letter responds to your April 2, 1999 correspondence on behalf of On Target, L.L.C. 
("Target"), requesting a waiver of the filing deadline for submission of its short-form 
application (FCC Form 175) for Auction No. 23, the April 27, 1999 auction of I.MOS 
licenses. 1 You claim that technical problems delayed the filing of Target's application and 
request permission to file after the deadline, which was March 29, 1999 at 5:30 p.m (ES1).2 
In order to obtain a waiver of the Commission's auction application filing deadline rules,3 
Target must show: (i) that the underlying puipose of the rules 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 rules inequitable, unduly burdensome or otheiwise contrary to 
the public interest. 4 For the reasons stated below, we find that your letter and the 
circumstances surrounding Target's waiver request fail to meet the Commission's criteria for 
granting a waiver. 
The Commission established the March 29, 1999 filing deadline in the LMDS Public Notice, 
which was released January 29, 1999.5 The Commission's rules require that FCC Form 175 
See Letter from John D. Szuchan to Amy Zoslov. Chief, Auctions and Industry Analysis Division, 
Wireless Telecommunications Bureau, Federal Communications Commission (April 2, 1999) ("Letter"). 
Id. 
47 C:..F.R. §§ 101.1104_ and 1.2105. 
• 47 C.F.R. §§ 101.23 and 1.925; Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). cert. denied, 
409 U.S. 1027 (1972). 
See "Auction of Local Multipoint Distribution Service Spectrum; Auction Notice and Filing 
Requirements for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999; Minimum 
Opening Bids and Other Procedural Issues," Public Notice, DA 99-266 (rel. January 29, 1999) ("l.MDS Public 
Norice"). 
6375 
John D. Szuchan 
April 13, 1999 
Page 2 
applications be electronically filed, as noted in the LMDS Public Notice. 6 To facilitate filing, 
the Commission's remote access system was available for submission of applications 24 
hours per day beginning March 5, 1999. 7 Applicants were cautioned that late applications 
would not be accepted. 8 
According to Commission records, you first contacted the technical support staff during the 
weekend of March 27-28, 1999. Subsequently, Target failed to submit an FCC Form 175 
application for Auction No. 23. You provide no facts concerning the circumstances that 
resulted in your failure to timely file, other than your statement that you experienced a 
computer malfunction late in the afternoon of March 29, 1999. 9 Your letter states that you 
were in contact with the Commission's staff via telephone when the submission period 
ended. 10 
On the basis of the record before us, we are not persuaded that Target has demonstrated that 
application of the deadline in its case would undercut or frustrate the deadline's purpose, nor 
do we find that Target 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. 11 The Commission's rules are 
best seived by applying deadlines in a fair and consistent manner. 
We also believe that Target 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. 12 Moreover, applicants are responsible for ensuring that 
their computer systems are adequate to connect and interface with the Commission's filing 
software. 13 Accordingly, we are not convinced that a grant of the waiver is warranted or 
would be in the public interest. 
6 See IMD,S Public Notice at p. 13, n. 20. See also 41 C.F.R. § l.2105. 
7 IMDS Public Notice at 13. 
Id. 
9 Letter at ' 1. 
10 Id. 
II See IMDS Public Notice at pages 3, 6, and 13. 
12 IMDS Public Notice at 13. 
13 Id. 
6376 
John D. Szuchan 
April 13, 1999 
Page 3 
Therefore, Target's request for a waiver of the short-form application submission deadline is 
denied. Tiris action is taken under delegated authority pursuant to Section 0.331 of the 
. Commission's Rules. 14 
1
' 47 C.F.R. § 0.331. 
Sincerely, 
r f / (--~1\"-d. ~" 
Amy J. i~o .. ( \, 
Chief, Auction~. and IndlJ);try Analysis Division 
Wireless Teleco~tions Bureau 
6377