[Scan-DC] OCTO Denied Waiver-

[iDEN-i100]

Peter Z.,

A few months ago we discussed an article indicating that Wash. DC anticipated receiving
some Lower 700 MHz band spectrum for a new communications system.  We all wondered how the
city was going to pull it off.

Now we know.....

Kiddies-Don't Try This At Home

OCTO thought it would obtain Lower 700 MHz band licenses without competing in an auction
(NOT). Looks like Wash. DC has some big issues after publicly stating they would be
receiving some 700 mhz spectrum.

-----------------------------------------------------------------------------------------------------------------------------

August 26, 2002

DA 02-2089

Office of the Chief Technology Officer
Government of the District of Columbia
441 4th Street, N.W., Suite 930
Washington, DC 20001
Attn:  Mr. A. Richard Burke
Executive Manager, Special Wireless Projects

Dear Mr. Burke:

 This order denies the request filed by the Office of the Chief Technology Officer of the
Government of the District of Columbia (�OCTO�) for waiver of the Auction No. 44
short-form filing deadline.

Background.

On March 8, 2002, OCTO filed a petition for reconsideration  of the Commission�s report
and order, released January 18, 2002, adopting allocation and service rules for the Lower
700 MHz Band.   In its petition, OCTO argued that, pursuant to the public safety radio
services auction exemption of Section 309(j)(2)(A) of the Communications Act, as amended,
it should be permitted to obtain Lower 700 MHz band licenses without competing in an
auction.   On March 20, 2002, the Wireless Telecommunications Bureau (�Bureau�) released a
public notice announcing the procedures, including the May 8, 2002, short-form filing
deadline, for Auction No. 44, an auction of licenses in the Lower 700 MHz band.   On June
4, 2002, OCTO filed the instant waiver request, seeking permission to file a short-form
application for Auction No. 44 after the short-form filing deadline.   On June 14, 2002,
the Commission released a memorandum opinion and order, which, inter alia, denied OCTO�s
petition for reconsideration.

Yada- Yada- Yada

<SNIP>

Conclusion.

For the above reasons, OCTO�s waiver request is denied.  This action is taken pursuant to
authority delegated by Section 0.331 of the Commission�s rules, 47 C.F.R. � 0.331.

     Sincerely,


Margaret W. Wiener, Chief
Auctions and Industry Analysis Division
Wireless Telecommunications Bureau


 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2089A1.pdf