**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| ADVANCED COMMUNICATIONS          | ** |                              |
| SOLUTIONS, INC.                  |    |                              |
|                                  | *  |                              |
| Request for Waiver of Section    | *) |                              |
| 1.2110(g)(4)(iv) and             | ** |                              |
| Reinstatement of 900 MHz         |    |                              |
| Specialized Mobile Radio         | *  |                              |
| Licenses                         | *) |                              |
|                                  | ** |                              |
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|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: February 17, 2006 Released: February 17, 2006**

By the Deputy Bureau Chief, Wireless Telecommunications Bureau:

# introduction

1.  In this Order, we waive *nunc pro tunc* the automatic cancellation
    provision of section 1.2110(g)(4)(iv) of the Commission's rules with
    respect to five 900 MHz Specialized Mobile Radio ("SMR") service
    licenses held by Advanced Communications Solutions, Inc.
    ("Advanced").[^1] As explained below, Advanced was paying for the
    subject licenses through the Commission's installment payment
    program. After the Commission did not timely receive Advanced's
    February 2004 installment payments as required by section
    1.2110(g)(4)(iv), Advanced went into default, its licenses
    automatically cancelled, and it became subject to debt collection
    procedures.[^2] Advanced now seeks relief from the automatic
    cancellation provision of section 1.2110(g)(4)(iv).[^3]

2.  Examining the totality of the circumstances of the instant matter,
    we conclude that Advanced has met the Commission's standard for
    waiver with respect to the automatic cancellation provision of
    section 1.2110(g)(4)(iv) of the Commission's rules. Specifically, we
    find that the underlying purposes of the automatic cancellation rule
    would not be served by application to the instant case in light of
    the: particular electronic processing error that Advanced committed
    in making payment through the Auction Installment Payment (AIP)
    program, the over nine year record regarding Advanced's performance
    of its payment obligations under the installment plan, the public
    interest benefit in preserving the prior assignment of licenses, and
    the condition under section 1.2110(g)(4) and the terms of this
    Order, which require Advanced to fully and timely perform its
    remaining obligations within thirty-one (31) days from the date of
    this Order, i.e., by March 20, 2006.[^4]

3.  While we find waiver of the automatic cancellation provision
    appropriate in these circumstances, we note that Advanced has not
    sought, and we do not grant, waiver of Advanced's default or the
    Commission's debt collection. In this regard, we conclude that it
    does not serve the public interest to waive the default and debt
    collection provisions of section 1.2110(g)(4)(iv) because doing so
    would subject the licenses to prolonged risk of recurrent automatic
    cancellation.[^5] In order to provide Advanced with a reasonable
    amount of time to perform its obligations, and thereby satisfy the
    condition on the licenses, we grant Advanced thirty-one (31) days
    from the date of this Order to render payment in full pursuant to
    section 1.2110(g)(4).[^6]

# background

4.  When the Commission established the licensing and service rules for
    the 900 MHz SMR service, it provided an option to those entities
    that qualified as small businesses to pay for licenses won at
    auction in installments over the initial ten-year license term.[^7]
    The auction for Major Trading Area ("MTA") licenses in the 900 MHz
    SMR service (Auction No. 7) began in November 1995, and when it
    concluded in April 1996, Advanced was the winning bidder on the
    following six licenses: the M block in the Birmingham MTA, the K
    block for the Louisville MTA, the M and T blocks for the Memphis
    MTA, and the P and R blocks for the Nashville MTA.[^8] Advanced
    qualified for the installment payment option and elected to pay for
    the six licenses under that arrangement. The Commission, therefore,
    granted Advanced the six 900 MHz SMR licenses from Auction No. 7 on
    the condition that Advanced would timely meet its payment
    obligations under the installment payment program.[^9] Section
    1.2110(g)(4) of the Commission's rules expressly provides that
    "\[a\] license granted to an eligible entity that elects installment
    payments shall be conditioned upon the full and timely performance
    of the licensee's payment obligations under the installment
    plan."[^10]

5.  Pursuant to the Commission's rules, a licensee participating in the
    installment payment program has additional time beyond the initial
    payment deadline to make an installment payment provided the
    licensee meets certain requirements.[^11] Under the current rules,
    which were in effect in the period in question, a licensee may make
    a payment on or before the last day of the quarter following its
    payment deadline without being in default (i.e., the "first
    additional quarter") so long as it also pays a late payment fee
    equal to five percent of the amount of its past due installment
    payment.[^12] Moreover, if a licensee fails to make its required
    installment payment on or before the last day of the first
    additional quarter, it may still make its required installment
    payment on or before the last day of the second quarter following
    its payment deadline without being in default (i.e., the "second
    additional quarter") so long as it also pays an additional late
    payment fee of ten percent of the amount of the past due required
    installment payment.[^13] If a licensee obligated to make
    installment payments fails to pay the total required installment
    payment and any late payment fees associated with that payment
    within two quarters of the installment due date (i.e., after the
    second additional quarter), it shall be in default, its license
    shall automatically cancel, and it will be subject to debt
    collection procedures.[^14] In addition, failure to fully and timely
    perform payment obligations under the installment plan breaches a
    condition on the licenses, subjecting them to cancellation.[^15]

6.  In conjunction with the installment payment program, the Commission
    and Mellon Bank (the financial institution responsible for
    processing installment payments owed to the Commission) offered
    licensees the option of participating in AIP, a program designed, at
    least in part, to facilitate and expedite installment payments. As
    stated in its promotional literature, the AIP program was
    established in an effort to help licensees avoid delays in making
    installment payments.[^16] Under the AIP program, a licensee
    provides certain financial information to the Commission and Mellon
    Bank thereby allowing it or its representative to call Mellon Bank
    and authorize the initiation of a payment from the licensee's
    designated account. The licensee (or its representative) can specify
    the date that Mellon Bank processes the licensee's payment to the
    Commission, but the procedures established for the AIP program
    specifically state that the earliest the licensee's installment
    payment account with the Commission will be credited is the business
    day following the telephone authorization.[^17]

7.  For approximately eight years, from November 1996 until August 2004,
    Advanced made installment payments on the five licenses in question
    consistent with the Commission's rules.[^18] During this period,
    Advanced, on several occasions, took advantage of the grace periods
    allowed by the Commission, but in each case, made its installment
    payments, along with any corresponding late fees, before the end of
    the second additional quarter. A problem arose, however, with regard
    to the installment payments due on February 29, 2004. Pursuant to
    section 1.2110(g)(4), Advanced had until August 31, 2004, to pay the
    February 2004 installment payments without defaulting, so long as it
    also paid the combined late fees (i.e., the five percent late fee
    for the first additional quarter and the ten percent late fee from
    the second additional quarter). On August 31, 2004, a representative
    from Advanced called Mellon Bank to authorize the transfer of funds,
    pursuant to its enrollment in the AIP program, to pay for the
    February 2004 installments and the associated late fees.[^19] As per
    custom, the Mellon Bank representative provided confirmation numbers
    to Advanced's representative for the transfer of funds. Consistent
    with AIP procedures, however, the Commission's account for
    Advanced's installment payments was credited on the business day
    following the telephone authorization, which, in this case, was
    September 1, 2004. The deadline of making a late payment in the
    second additional quarter for the February 2004 installments was
    August 31, 2004. Because Advanced failed to make its required
    installment payment for each of its five licenses by end of the
    second additional quarter, it went into default, its five licenses
    automatically cancelled, and it became subject to the debt
    collection procedures.[^20] Advanced filed the instant request for
    waiver of the automatic cancellation provision shortly thereafter.
    During the pendency of its waiver request, Advanced continued making
    regular installment payments to the Commission.[^21]

# discussion

8.  We now turn to Advanced's request for a waiver of section
    1.2110(g)(4)(iv), the provision of the Commission's rules which
    holds that a licensee that fails to make its installment payment,
    interest, and any late fees by the end of the second additional
    quarter will be in default, its license will automatically cancel
    and it will be subject to debt collection procedures.[^22] We note
    that Advanced does not dispute that the facts set forth in its
    pleading constitute automatic cancellation under the Commission's
    rules. Rather, Advanced argues that the rule should not be applied
    in its particular circumstances, and it therefore seeks relief
    solely from the provision of section 1.2110(g)(4)(iv) that resulted
    in the September 1, 2004, automatic cancellation of the subject
    licenses.

9.  As a general matter, to obtain a waiver, a party must show either
    that: (i) the underlying purpose of the applicable rule would not be
    served, or would be frustrated by its application to the instant
    case, and a grant of the requested waiver would be in the public
    interest; or (ii) the unique facts and circumstances of the
    particular case render application of the rule inequitable, unduly
    burdensome or otherwise contrary to the public interest, or the
    applicant has no reasonable alternative.[^23]

10. The Commission created section 1.2110(g)(4) to provide licensees a
    degree of flexibility while, at the same time, to protect the
    integrity of the Commission's assignment of licenses based on high
    bids in an auction and to help ensure that licensees have access to
    the capital necessary to both pay for the license and provide
    service to the public.[^24] The Commission has repeatedly emphasized
    the importance of full and timely payment.[^25] As the Commission
    has noted:

    Insisting that licensees demonstrate their ability to pay as a
    condition to continuing to hold licenses is essential to a fair and
    efficient licensing process, is fair to all participants in our
    auctions, including those who won and those who did not, and fosters
    the promotion of economic opportunity and competition in the
    marketplace. When licensees fail to pay winning bids, or the
    principal and related interest when paying winning bids in
    installments, on a timely basis in compliance with the Commission\'s
    rules, the presumption that the auction assigned the license to the
    party that placed the highest value on the license is lost.[^26]

    Absent that presumption, the integrity of the Commission\'s
    licensing process may be compromised.

11. Based on a totality of the circumstances, we conclude that Advanced
    has satisfied the Commission's standard for waiver with respect to
    the automatic cancellation provision of section 1.2110(g)(4)(iv) of
    the Commission's rules. First, Advanced's long term and prior
    successful participation in the AIP program provides important
    evidence of its intent to render timely installment payments in
    compliance with the Commission's payment rules. Second,
    notwithstanding its failure to timely make one installment payment,
    Advanced contends that it can and will pay for the outstanding debt
    associated with the licenses.[^27] As noted above, Advanced made its
    installment payments consistent with the Commission's rules for
    approximately eight years before it had a problem with one payment.
    Third, the circumstances that led to the automatic cancellation of
    the licenses do not to reflect an inability on Advanced's part to
    make payment for the five licenses. Advanced initiated the payments
    in question through the Commission's AIP program on the last day of
    the second additional quarter, in advance of the payment deadline.
    On a number of occasions, Advanced submitted payment through the
    Commission's AIP program on the last day of the second additional
    quarter, but, because the deadline fell either on a weekend or
    holiday, its payment reached the Commission in a timely
    fashion.[^28] It appears that these fortuitous circumstances in
    making payments in this manner in the past as well as Advanced's
    general misunderstanding of its ability to rely on confirmation
    numbers from Mellon Bank, resulted in its belief, albeit mistaken,
    that it had rendered timely payment in this instance.[^29] Such an
    electronic processing error in tendering payment does not suggest an
    inability to pay for the licenses.

12. Other factors in the instant case diminish concern over Advanced's
    ability to pay for the licenses in question. As noted, Advanced made
    payments in accordance with the Commission's rules for approximately
    eight years and has continued to make regular installment payments
    while its request for waiver has been pending.[^30] Moreover,
    Advanced's financial institutions confirm that it has procedures in
    place to meet its payment obligations.[^31] These factors further
    mitigate the concern that Advanced may not have the capital
    necessary to both pay for the license and provide service to the
    public.[^32]

13. Demonstrating ability to pay in compliance with the Commission's
    installment payment rules, however, does not satisfy all the
    purposes underlying the automatic cancellation rule. As noted above,
    automatic cancellation of licenses when a licensee fails to comply
    with the installment payment rules also safeguards the integrity of
    the Commission's competitive bidding process. In addition to ability
    to pay, a licensee's willingness to fulfill all of its obligations
    created by the winning bid helps ensure that the license was
    assigned to the party that valued it most highly. Indeed, pursuant
    to section 1.2110(g)(4), the very existence of the license is
    conditioned upon the licensee's full and timely performance of its
    payment obligations under the installment plan.[^33] Absent the
    licensee's compliance with the Commission's installment payment
    rules, there is inevitably uncertainty regarding whether the license
    should have been assigned to another party. The existence of
    uncertainty, of course, does not prove that the license should have
    been assigned to another party. Nevertheless, a licensee's failure
    to comply with the Commission's installment payment rules calls into
    question whether the licensee's winning bid actually demonstrated
    that it valued the license more highly than other applicants or
    simply demonstrated its willingness to outbid other applicants
    regardless of its ability to pay on equal terms. While the extent of
    this doubt may be minimal where the circumstances surrounding
    failure to comply with the rules suggest unintended electronic
    processing errors, we can not easily dismiss the concern that
    another applicant who would have complied with all the Commission's
    rules should have been assigned the license.

14. In this case, however, we conclude that automatic cancellation is
    not necessary to protect against lingering doubts regarding the
    integrity of the initial license assignment given the totality of
    the circumstances in Advanced's participation in the AIP program,
    its payment history and the continuing condition on the licenses
    that Advanced must full and timely perform its current payment
    obligations. The automatic cancellation of the licenses resulted
    from a single AIP related payment error by Advanced that does not
    appear to reflect an inability or unwillingness on its part to
    comply with the Commission's rules. Moreover, Advanced's history of
    payment over eight years in compliance with the Commission's rules
    and its payments during the pendency of its waiver request reflect a
    longstanding willingness and ability to satisfy the payment
    obligations created by the winning bids for the licenses. Finally,
    pursuant to section 1.2110(g)(4) and the terms of this Order,
    Advanced's licenses remain subject to the condition that it comply
    with its obligations, which pursuant to the notes and security
    agreements, as well as the Commission's debt collection procedures,
    require it to pay the entire outstanding amount.[^34] While strict
    enforcement of the Commission's installment payment rules furthers
    the policies behind creating the rules, and while the payment rules
    are strictly enforced in all but the most unusual circumstances, we
    have permitted waiver in extremely narrow circumstances where it
    appeared that the underlying purposes of the rules would not be
    served by their enforcement, and where cancellation seemed
    inequitable in those circumstances.[^35] Accordingly, given the
    totality of the circumstances, we conclude that the underlying
    purpose of the automatic cancellation provision would not be served
    in its application to the present circumstances.

15. Any one of the circumstances described above would not suffice to
    meet the Commission's waiver standard. Yet, when taken together, we
    find that automatic cancellation of the license in this case would
    not serve the underlying purposes of the Commission's payment rules.
    For these reasons, we conclude that automatic cancellation of the
    license is not necessary to serve the underlying purposes of the
    payment rule to either preserve the integrity of the auction and
    licensing process or to ensure Advanced's financial qualifications
    to be a Commission licensee.

16. Equally important, we find that the public interest will be served
    by granting the foregoing relief. The Commission has historically
    established a high bar for meeting the Commission's waiver standard
    in the context of failed installment payments. Advanced asserts that
    it is serving a specific, underserved market and that its current
    customers would have few, if any, other options for comparable
    service if it had to discontinue operations.[^36]

17. We note that the Commission has consistently denied requests to
    accept late payments based solely on the possibility of service
    disruption due to the licensee's failure to make a timely
    payment.[^37] The Commission has likewise denied requests to
    facilitate future service based on a pending assignment where the
    assignee would pay the assignor's remaining installment
    obligations.[^38] In each of those situations, we noted that the
    licensee's late payment compromised the integrity of the
    Commission's grant of licenses through the auction process.[^39] In
    particular, simply providing service or assigning the license to a
    different party does not address any lingering uncertainties about
    the correctness and fairness of the initial assignment of a
    license.[^40]

18. In contrast, Advanced's error here in tendering payment through the
    AIP program and its stated intent to pay its obligation in full and
    continue its operations minimizes the possibility that Advanced's
    noncompliance reflects an erroneous initial license assignment.
    Moreover, as discussed above, we already have concluded that
    granting a *nunc pro tunc* waiver of the automatic cancellation
    provision will not harm the integrity of the Commission's auction
    and licensing process. Accordingly, we do not think that these past
    precedents preclude consideration here of the public benefit of
    preserving the past assignment of the licenses and avoiding
    unnecessary disruption of service. Taking these benefits into
    account, we find the public interest will be served by the waiver
    granted herein.

19. While we find that waiver of the automatic cancellation provision is
    warranted in the instant case, we note that the relief granted
    herein does not alter Advanced's default under the terms of the
    applicable notes and security agreements. Accordingly, in order to
    satisfy the condition on the licenses created by section
    1.2110(g)(4), Advanced must satisfy its default obligations pursuant
    to the notes and security agreements, as well as the Commission's
    debt collection procedures, in order to continue to hold the
    licenses. In light of our decision to grant Advanced the relief
    described herein, we grant Advanced thirty-one (31) days from the
    date of this Order to make the payments required by the conditions
    on the licenses. Failure to render the full payments within 31 days
    from the date of this Order, i.e., by March 20, 2006, will result in
    cancellation of the licenses for failure to comply with the
    condition on the licenses established by section 1.2110(g)(4).[^41]

# conclusion

20. Advanced's five 900 MHz SMR licenses automatically cancelled when it
    failed to pay its installment payments by the deadline of the second
    additional period. Given the totality of the circumstances, however,
    we find that the public interest is best served by a *nunc pro tunc*
    waiver of the automatic cancellation of the licenses and a waiver of
    any cancellation resulting from the prior breach of Advanced's
    obligation to fully and timely perform its payment obligations
    pursuant to section 1.2110(g)(4). As described fully above,
    Advanced, however, remains subject to the condition placed on the
    licenses by section 1.2110(g)(4), the default provisions of the
    installment notes and security agreements, as well as the
    Commission's debt collection procedures, and therefore, must render
    full payment within 31 days from the date of this Order, i.e., by
    March 20, 2006. If Advanced fails to make full payment for any
    license, that license will cancel pursuant to the terms of this
    Order and the condition placed on the license by section
    1.2110(g)(4) of the Commission's rules, and Advanced will remain
    subject to the Commission's debt collection procedures.

# ORDERING CLAUSES

21. Accordingly, IT IS ORDERED that, pursuant to the authority granted
    in Sections 4(i) and 309(j) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i), 309(j), and sections 1.3 and 1.925 of
    the Commission's rules, 47 C.F.R. §§ 1.3, 1.925, Advanced is
    GRANTED, to the extent described herein, a *nunc pro tunc* waiver of
    the automatic cancellation provision of section 1.2110(g)(4)(iv), 47
    C.F.R. § 1.2110(g)(4)(iv), for its five 900 MHz SMR licenses.

22. IT IS FURTHER ORDERED that, pursuant to the authority granted in
    Section 4(i) of the Communications Act of 1934, as amended, 47
    U.S.C. § 154(i), and section 1.2110(g)(4) of the Commission's rules,
    47 C.F.R. § 1.2110(g)(4), Advanced must render full payment of any
    and all outstanding installment debt connected to its five 900 MHz
    SMR licenses within 31 days from the date of this Order, i.e., by
    March 20, 2006. In the event Advanced fails to comply with the
    condition of full and timely payment of its default obligations
    required by section 1.2110(g)(4), 47 C.F.R. § 1.2110(g)(4), pursuant
    to the terms of this Order, the applicable notes and security
    agreements, and the Commission's debt collection procedures, the
    applicable licenses will cancel.

23. This action is taken under delegated authority pursuant to sections
    0.131 and 0.331 of the Commission's rules, 47 C.F.R. §§ 0.131,
    0.331.

    FEDERAL COMMUNICATIONS COMMISSION

> James D. Schlichting
>
> Deputy Chief
>
> Wireless Telecommunications Bureau

[^1]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^2]: *Id*.

[^3]: Request for Waiver and Reinstatement, filed by Advanced
    Communications Solutions, Inc. on December 10, 2004. Advanced filed
    a corrected Request for Waiver and Reinstatement on January 10, 2005
    ("Petition") and a Supplement to Request for Waiver and
    Reinstatement on February 7, 2005 ("Supplement") (jointly referred
    to as the "Request"). The call signs for the five 900 MHz SMR
    licenses are: KNNY237, KNNY238, KNNY239, KNNY240, and KNNY241.
    Insofar as we are addressing the waiver portion of Advanced's
    request affirmatively, their request for reinstatement is moot.

[^4]: 47 C.F.R. § 1.2110(g)(4). For these same reasons and to the extent
    necessary, the public interest further mandates that we waive any
    cancellation that may have resulted from any existing breach of the
    licensing condition in section 1.2110(g)(4). *Id*.

[^5]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^6]: 47 C.F.R. § 1.2110(g)(4).

[^7]: Amendment of Parts 2 and 90 of the Commission's Rules to Provide
    for the Use of 200 Channels Outside the Designated Filing Areas in
    the 896-901 MHz and 935-940 MHz Bands Allotted to the Specialized
    Mobile Radio Pool, PR Docket No. 89-553, Implementation of Section
    309(j) of the Communications Act -- Competitive Bidding, PP Docket
    No. 93-253, Implementation of Sections 3(n) and 322 of the
    Communications Act, GN Docket No. 93-252, *Second Order on
    Reconsideration and Seventh Report and Order*, 11 FCC Rcd 2639, 2708
    ¶ 169 (1995) ("*900 MHz* *Second Recon. Order*"). *See also* 47
    C.F.R. § 90.812 (1995) (installment payments for licenses won by
    small businesses in the 900 MHz SMR service). In 1997, the
    Commission determined that installment payments will not be used in
    the immediate future as a means of financing small business
    participation in our auction program. *See* Amendment of Part 1 of
    the Commission's Rules -- Competitive Bidding, Allocation of
    Spectrum Below 5 GHz Transferred from Federal Government Use,
    4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, *Third
    Report and Order and Second Further Notice of Proposed Rule Making*,
    13 FCC Rcd 374, 397 ¶ 38 (1997) ("*Part 1 Third Report and Order*").

[^8]: *See* FCC Announces Winning Bidders In The Auction Of 1020
    Licenses To Provide 900 MHz SMR In Major Trading Areas**;** Down
    Payments Due April 22, 1996, FCC Form 600s Due April 29, 1996,
    *Public Notice*, 11 FCC Rcd 18599 (1996), corrected 11 FCC Rcd 18637
    (1996). In 2000, Advanced assigned the sixth license that it was
    awarded following Auction No. 7, and the installment debt for that
    license was fully satisfied.

[^9]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP Docket No. 93-253, *Second Report and
    Order*, 9 FCC Rcd 2348, 2391 ¶ 240 (1994) ("*Competitive Bidding
    Second Report and Order*"). *See also* 47 C.F.R. § 1.2110(g)(4).

[^10]: 47 C.F.R. § 1.2110(g)(4).

[^11]: *Competitive Bidding Second Report and Order* at 2391 ¶ 240.
    Initially, licensees were required to request this additional time
    period. *Id*. The Commission, however, eventually instituted an
    automatic grace period. *See Part 1 Third Report and Order* at 436
    ¶106.

[^12]: *See id*. *See* 47 C.F.R. § 1.2110(g)(4)(i).

[^13]: *See Part 1 Third Report and Order* at 436 ¶106. *See also* 47
    C.F.R. § 1.2110(g)(4)(ii).

[^14]: *See Part 1 Third Report and Order* at 438 ¶107. *See* *also* 47
    C.F.R. § 1.2110(g)(4)(iv).

[^15]: 47 C.F.R. § 1.2110(g)(4). At the time Advanced's licenses
    originally were granted, this language was codified at section
    1.2110(e)(4). *See* 47 C.F.R. § 1.2110(e)(4)(1995).

[^16]: *See generally* AIP brochure.

[^17]: The brochure that accompanied the set-up form for the AIP program
    specifically states: "you simply call Mellon's toll-free telephone
    number or input your payment via a computer terminal at least one
    business day before your payment is due...." It also states that
    "\[the licensee's\] bank account will be debited and your FCC
    customer account will be credited the business day after you report
    your payment information (if it is reported by 9:30 P.M. EST)."

[^18]: As noted above, the sixth license that Advanced was awarded
    following Auction No. 7 was assigned and the installment debt was
    fully satisfied. *See* n.8 *supra*.

[^19]: *See* Petition, Declaration of Dalleen Bradford, ¶ 3.

[^20]: The Commission's records suggest that Advanced occasionally
    called Mellon Bank on the last day of the quarter to authorize
    payment for its installment obligations. However, we note that those
    records also indicate that, in each of those cases, the payment
    deadline fell on a non-business day (i.e., either a weekend or a
    holiday). As a result, the deadline was extended to the following
    business day. Thus, when Advanced had called on the last business
    day of the month and its FCC account was credited the next business
    day, the payment was considered timely. For example, in the quarter
    immediately preceding the one in question, the deadline was May 31,
    2004. Because that date was a holiday, the deadline for making the
    payment was Tuesday, June 1, 2004. When Advanced called on Friday,
    May 28, 2004, to authorize payment, its FCC account was credited on
    the next business day, June 1, 2004. Thus, Advanced made its payment
    by the deadline.

[^21]: *See* Letters from Russell H. Fox, counsel for Advanced
    Communications Solutions, Inc. to Margaret Wiener, Chief, Auctions
    and Spectrum Access Division, Wireless Telecommunications Bureau,
    dated June 2, 2005, August 31, 2005, and November 27, 2005.

[^22]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^23]: 47 C.F.R. § 1.925; *Northeast Cellular Telephone Co. v. FCC*, 897
    F.2d 1164, 1166 (D.C. Cir. 1990); *Thomas Radio Co. v. FCC*, 716
    F.2d 921 (D.C. Cir. 1983); *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C.
    Cir. 1969), aff'd, 459 F.2d 1203 (1972) *cert. denied*, 409 U.S.
    1027, 93 S.Ct. 461 (1972).

[^24]: Amendment of the Commission's Rules Regarding Installment Payment
    Financing of Personal Communications (PCS) Licensees, WT Docket No.
    97-82, *Order on Reconsideration of the Second Report and Order*, 13
    FCC Rcd 8345, 8348 ¶ 8 (1998).

[^25]: *See, e.g.,* Licenses of 21^st^ Century Telesis, Inc. for
    Facilities in the Broadband Personal Communications Services,
    *Memorandum Opinion and Order*, 15 FCC Rcd 25113, 25117-18 ¶ 10
    (2000) ("*21^st^ Century Order*"), *reconsideration denied*,
    Licenses of 21^st^ Century Telesis Joint Venture, *Order on
    Reconsideration*, 16 FCC Rcd 17257 (2001), *review denied in part,
    dismissed in part*, *21^st^ Century Telesis Joint Venture* v.
    *F.C.C.*, 318 F3d 192 (D.C. Cir. 2003). *See also* Southern
    Communications Systems, Inc., Request for Limited Rule Waiver to
    Comply with PCS Installment Payment for C Block Licenses in the
    Cleveland, TN BTA, *Memorandum Opinion and Order*, 15 FCC Rcd 25103
    (2000), further reconsideration denied, *Second Memorandum Opinion
    and Order*, 16 FCC Rcd 18357 (2001); Wireless Telecommunications
    Bureau Will Strictly Enforce Default Payment Rules; Bureau to
    Re-Auction Licenses Quickly*, Public Notice*, 11 FCC Rcd 10853
    (1996).

[^26]: Letter to David Irwin and Nathaniel Hardy, Counsel for MBO
    Wireless, Inc., from Margaret Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, 19 FCC Rcd
    4011, 4016 (2004) ("*MBO Wireless Order*") (citing *21^st^ Century
    Order*, 15 FCC Rcd at 25123-24 ¶ 22). In the *21^st^ Century Order*,
    the Commission determined that a party that lacked the financial
    wherewithal to make its installment payment by the deadline was not
    entitled to a waiver to give it additional time to find the
    requisite funds because grant of such a waiver would be unfair to
    auction participants, and would undermine the integrity of the
    auction and the Commission's rules. *21^st^ Century Order* at
    25123-24 ¶ 22. In the instant matter, however, Advanced took the
    actions in advance of the payment deadline that it believed were
    necessary to render timely payment, and the nature of its electronic
    processing error does not call into question whether it had the
    requisite funds to do so. Therefore, our grant of a waiver in these
    circumstances is neither unfair nor harmful to the integrity of the
    Commission's rules and processes.

[^27]: Supplement at 5.

[^28]: *See supra* note 20.

[^29]: Petition at 6.

[^30]: *See* *supra* note 21.

[^31]: *See* Attachment to Supplement (letter of Shawn Michael Turpin,
    Senior Vice President and Gwinnett Market Executive, IronStone Bank,
    dated January 25, 2005, and letter of M. Scott Kelly, Senior Vice
    President, Bank of America Business Banking, dated January 21,
    2005).

[^32]: *See*, *e*.*g*., Amendment of the Commission's Rules Regarding
    Installment Payment Financing of Personal Communications Service
    (PCS) Licensees, WT Docket No. 97-82, *Order on Reconsideration of
    the Second Report and Order*, 13 FCC Rcd 8345, 8348-49 ¶ 8 (1998).

[^33]: 47 C.F.R. § 1.2110(g)(4).

[^34]: 47 C.F.R. § 1.2110(g)(4). Full and timely payment of the entire
    outstanding debt would also diminish doubts regarding a licensee's
    financial ability and willingness to pay for the licenses and
    strongly indicate its intent and ability to provide service to the
    public. *See* Leaco Rural Telephone Cooperative, Inc. Request for
    Waiver and Reinstatement of Broadband Radio Service Authorization
    for the Hobbs, New Mexico Basic Trading Area, MDB191, *Order*, DA
    06-279 (rel. Feb. 3, 2006) ("*Leaco Order*").

[^35]: *See*, *e*.*g*., *MBO Wireless Order*; *Leaco Order*.

[^36]: Supplement at 3-4.

[^37]: *See* Request for Extension of the Commission's Initial
    Non-Delinquency Period for C and F Block Installment Payments,
    *Order*, 13 FCC Rcd 22071, 22077 (1998) (discussing service provided
    by two licensees denied waivers of the installment payment and
    automatic cancellation rules). *See also* Request of GLH
    Communications, Inc. for Temporary Waivers of Installment Payment
    Deadlines (47 C.F.R. § 1.2110(g)(4)) and Debt Collection Rules (47
    C.F.R. § 1901 et seq.), *Order*, 18 FCC Rcd 14695 (2003) ("*GLH
    Order*").

[^38]: *See* Request of Inforum Communications, Inc. for Petition for
    Reconsideration and Waiver Request for Late Acceptance of BTA
    Installment Payment, *Order*, 19 FCC Rcd 83, 86 (2004), petition for
    reconsideration pending. *See also* Letter to Russell H. Fox, Esq.,
    Counsel for Capital Two-Way Communications, from Margaret Wiener,
    Chief, Auctions and Industry Analysis Division, Wireless
    Telecommunications Bureau, 16 FCC Rcd 11786, 11787-88 (2001)
    ("*Capital Two-Way Order*"); Letter to J. Curtis Henderson, Senior
    Vice President and & General Counsel for Nucentrix Spectrum
    Resources, Inc., from Margaret Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, 17 FCC Rcd
    559, 561 (2002) ("*Nucentrix Order*") (declining to grant a waiver
    for an administrative oversight in payments while the licensee was
    in negotiations to assign its license to a third party).

[^39]: *See*, *e*.*g*., *GLH Order* at 14700 ("Any interest in a
    particular licensee providing service must be balanced against the
    larger public interest in preserving the integrity of the
    Commission's licensing process, as well as the Commission's
    obligation to fairly and consistently enforce its payment rules.").

[^40]: *Nucentrix Order* at 561-62 ("Strict enforcement of the payment
    rules . . . is fair to all participants in our auctions, including
    those who won licenses in the auction and those who did not");
    *Capital Two-Way Order* at 11788. In both of these cases, the
    licensee intended the assignor to relieve it of its payment
    obligations.

[^41]: 47 C.F.R. § 1.2110(g)(4).