Federal Communications Commission 
Washington, D.C. 20554 
Mr. James A. Rech 
Landmark Site Development, LLC 
480 Pleasant Street 
Lee, MA 01238 
Dear Mr. Rech: 
DA 99-732 
April 19, 1999 
This letter responds to your April 13, 1999 correspondence on behalf of Landmark Site 
Development, LLC ("Landmark"), requesting a waiver of the deadlines for resubmission of 
its short-form application (FCC Form 175) and submission of its upfront payment for 
Auction No. 23, scheduled to begin on April 27, 1999. 1 You claim that Landmark failed to 
make its upfront payment and resubmit its short-form application because of a combination of 
technical and administrative problems. As a result, you request permission to file after the 
deadlines, which were April 12, 1999 at 5:30 p.m (ET) for short-form application 
resubmissioris and 6:00 p.m. (ET) for upfront payment and FCC Form 159 submissions.2 
In order. to obtain a waiver of the Commission's auction application deadline and upfront 
payment rules, 3 Landmark must show: (i) that the underlying purp0se 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 otherwise 
contrary to the public interest. 4 For the reasons stated below, we find that your letter and 
the circumstances surrounding Landmark's waiver request fail to meet the Commission's 
criteria for granting a waiver. 
The Commission provided comprehensive information on auction application filing and 
payment procedures for Auction No. 23 in the LMDS Public Notice, which was released 
See Letter from James A. Rech, President of Landmark Site Development to Amy Zoslov, Chief, 
Auctions and Industry Analysis Division, Wireless Telecommunications Bur~u, Federal Cgmmunications 
Commission (April 2, 1999) ("Letter"). . 
2 Id. 
47 C.F.R. §§ 101.1104; 1.2105; 101.1105(a); 1.2106. 
4 47 C.F.R. §§ 101.23 and 1.925; Wair Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cen. denied, 
409 U.S. 1027 (1972). 
6479 
Mr. James A. Rech 
April 19, 1999 
Page 2 
January 29, 1999. 5 Applicants were advised that upfront payments were due via wire 
transfer by 6:00 p.m.(ET), April 12, 1999. The Commission specifically cautioned 
applicants that "[t]o avoid untimely payments, applicants should discuss arrangements 
(including bank closing schedules) with their banker several days before they plan to make 
the wire transfer, and allow sufficient time for the transfer to be initiated and completed 
before deadline. "6 
Landmark timely filed its short-form application (FCC Form 175) on March 23, 1999. Aft~r 
an initial review, the Commission found Landmark's application to be incomplete and 
notified it via a letter contained in a Federal Express package sent on April 5, 1999 that 
Landmark had failed to submit one or more of the exhibits required by Section 1.2105 of the 
Commission's Rules. 7 The package also contained the Srarus Public Notice, which 
established a resubmission deadline for short-form applications (FCC Form 175) of April 12, 
1999 at 5:30 p.m. (ET), reiterated the upfront payment deadline of April 12, 1999 at 6:00 
p.m. (ET), and warned that late submissions would not be accepted. 8 
Your letter states that Landmark received the Commission's Federal Express package on 
April 6, 1999. 9 You claim that a Landmark employee attempted to contact the Commission 
staff attorney listed in your notification letter concerning this matter on "several" occasions 
but that your office did not hear from the FCC until Thursday, April 8, 1999 at 7:00 p.m. 10 
You state that because Landmark's employee was not in the office at that time, Landmark 
had only one day to prepare its resubmission. 11 You further state that a damaged phone line 
on April 12, 1999 prevented Landmark's FCC Form 175 resubmission. 12 
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) ("LMDS Public 
Notice"). 
6 Id. at 14. 
47 C.F.R. § 1.2105. 
See •Auction of 168 Local Multipoint Distribution Service Licenses; Status of Applicants to Participate 
in Auction," Public Notice. DA 99-639_(rel. April 5, 1999) ("Scarus Public Notice'). 
Letter at , I. 
10 Id. 
II Id. 
12 Id. at 1 2. 
6480 
Mr. James A. Rech 
April 19, 1999 
Page 3 
On the basis of the record before us we find that landmark has not demonstrated that 
application of the resubmission and upfront payment deadline rules in its case would undercut 
or frustrate their purpose. Further, we find that Landmark has not presented unique 
circumstances sufficient to justify grant of its waiver request. Your letter provides no 
information to explain landmark's failure to submit its upfront payment and FCC Form 159 
on time. Thus, we find that Landmark's reasons for its failure to timely resubmit "its short­
form application (FCC Form 175) do not meet the Commission's criteria for a waiver. 
Although you cite the difficulties of one of Landmark's employees in making contact with the 
Commission staff attorney listed on Landmark's notification letter, it is the applicant's 
responsibility to ensure that deadlines are met and that those entrusted with the task of 
preparing and filing short-form applications have the requisite skill and experience to 
accomplish the task. 13 The Commission's rules are best served by applying deadlines in a 
fair and consistent manner. Accordingly, we are not convinced that a grant of the waiver is 
warranted or would be in the public interest. 
Therefore, landmark's request for a waiver of the short-form application resubmission and 
upfront payment deadlines is denied. This action is taken under delegated authority pursuant 
to Section 0.331 of the Commission's Rules. 14 
Sincerely, 
--r· { ~. / 
i IA d - A.'- ; ~!·'--- ,_r-­
'.f VVVV' \J. ""'\.---. 
Amy J. Zoslov "·. 
Chief, A.ued.ons and Industry Analysis Division 
Wireless Telecommu6.ications Bureau 
13 See Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division to Ms. Sylvia Lesse, 
Attorney for Elite IV, DA 99-692 (dated April 13, 1999), citing Letter from Amy J. Zoslov, Chief, Auctions 
and Industry Analysis Division to John Reardon, Esq., Secretary to the Board of Directors and General 
Counsel, Mobex Communications, 13 FCC Red 17,877 (1998). 
·~ 47 C.F.R. § 0.331. 
6481