**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| BIG SKY WIRELESS PARTNERSHIP     | ** |                              |
|                                  |    |                              |
| Request for Waiver and           | *  |                              |
| Reinstatement of Broadband Radio | *) |                              |
| Service Authorization for the    | ** |                              |
| Butte, Montana Basic Trading     |    |                              |
| Area, MDB064                     | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
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|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: September 11, 2006 Released: September 11, 2006**

By the Deputy Bureau Chief, Wireless Telecommunications Bureau:

# introduction

1.  In this Order, we grant Big Sky Wireless Partnership ("Big Sky") a
    *nunc pro tunc* waiver of section 1.2110(g)(4)(iv) of the
    Commission's rules with respect to automatic cancellation of a
    Broadband Radio Service ("BRS")[^1] license for the Butte, Montana
    Basic Trading Area ("BTA").[^2] As explained below, Big Sky was
    paying for the subject license through the Commission's installment
    payment loan program. When the Commission did not receive Big Sky's
    installment payment as required by section 1.2110(g)(4)(iv) of the
    Commission's rules, Big Sky was in default, the license
    automatically cancelled, and Big Sky was subject to debt collection
    procedures.[^3] Big Sky now seeks relief from the automatic
    cancellation provision of section 1.2110(g)(4)(iv).[^4]

2.  Examining the totality of the circumstances of the instant matter,
    we conclude that Big Sky 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 error that Big Sky committed in making electronic
    payment through the Auction Installment Payment ("AIP") program, Big
    Sky's overall history of payments for the license in question, the
    public interest benefit in preserving the prior assignment of
    license, and the condition under section 1.2110(g)(4) and the terms
    of this Order, which require Big Sky to fully and timely perform its
    remaining obligations no later than October 12, 2006.[^5]

3.  While we find waiver of the automatic cancellation provision
    appropriate in these circumstances, we note that Big Sky has not
    sought, and we do not grant, waiver of Big Sky'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.[^6] In order to provide Big Sky with a reasonable
    amount of time to perform its obligations, and thereby satisfy the
    condition on the licenses, we grant Big Sky thirty-one (31) days
    from the date of this Order, i.e., until October 12, 2006, to render
    payment in full pursuant to section 1.2110(g)(4).[^7]

# background

4.  When the Commission established the licensing and service rules for
    BRS, 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.[^8] The auction for BTA licenses
    in BRS (Auction No. 6) began on November 13, 1995, and when it
    concluded on March 28, 1996, Big Sky was the winning bidder on the
    Butte, Montana BTA.[^9] Big Sky qualified for the installment
    payment option and elected to pay for the license under that
    arrangement.[^10] The Commission, therefore, granted Big Sky a BRS
    license for the Butte, Montana BTA on the condition that Big Sky
    would timely meet its payment obligations under the installment
    payment program.[^11]

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.[^12] 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.[^13] 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.[^14] 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.[^15] In addition, failure to fully and timely
    perform payment obligations under the installment plan breaches a
    condition on the licenses, subjecting them to cancellation.[^16]

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.[^17] 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.[^18]

7.  For nearly five years, from November 1996 until August 2001, Big Sky
    made installment payments on the license in question consistent with
    the Commission's rules. During this period, Big Sky, 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 in August 2001. Pursuant to section
    1.2110(g)(4), Big Sky had until February 28, 2002, to pay the August
    2001 installment payment 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 February 28, 2002, a representative
    from Big Sky called Mellon Bank to authorize the transfer of funds,
    pursuant to its enrollment in the AIP program, to pay for the August
    2001 installment and the associated late fees.[^19] As per custom,
    the Mellon Bank representative provided a confirmation number to Big
    Sky's representative for the transfer of funds. Consistent with AIP
    procedures, however, the Commission's account for Big Sky's
    installment payments was credited on the business day following the
    telephone authorization, which, in this case, was March 1, 2002. The
    deadline for making a late payment in the second additional quarter
    for the August 2001 installments was February 28, 2002. Because Big
    Sky failed to make its required installment payment for the license
    in question by end of the second additional quarter, it went into
    default, the license automatically cancelled, and it became subject
    to the debt collection procedures.[^20] Shortly thereafter, Big Sky
    filed several pleadings related to the default, including a request
    for waiver of the automatic cancellation provision of section
    1.2110(g)(4)(iv).[^21] During the pendency of its waiver request,
    Big Sky has continued to make regular payments on its debt to the
    Commission.[^22]

# discussion

8.  Big Sky requests 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.[^23] We note that Big Sky does not dispute that the
    facts set forth in its pleadings constitute automatic cancellation
    under the Commission's rules. Rather, Big Sky 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 March 1, 2002, automatic
    cancellation of the subject license.[^24]

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.[^25]

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
    winning 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.[^26] The Commission has repeatedly
    emphasized the importance of full and timely payment.[^27] 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.[^28]

    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 Big Sky
    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, Big Sky's participation in the AIP
    program provides important evidence of its intent to render timely
    installment payments in compliance with the Commission's payment
    rules.[^29] Second, notwithstanding its failure to timely make one
    installment payment, Big Sky specifically states that it "can and
    will pay for the outstanding debt associated with the License."[^30]
    Third, the circumstances that led to the automatic cancellation of
    the licenses do not tend to reflect an inability on Big Sky's part
    to make payment for the license.[^31] Big Sky initiated the payment
    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 previous occasions, Big Sky submitted payment through
    the Commission's AIP program on the last business day of the second
    additional quarter, but, because the payment deadline fell either on
    a weekend or holiday, its payment reached the Commission in a timely
    fashion.[^32] It appears that these fortuitous circumstances in
    making payments in this manner in the past as well as Big Sky'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.[^33] Such an
    error in tendering payment does not suggest an inability to pay for
    the licenses.

12. Other factors in the instant case diminish concern over Big Sky's
    ability to pay for the licenses in question. As noted, in total, Big
    Sky has made payments to the Commission for over nine years,
    including making regular payments on its debt while its request for
    waiver has been pending.[^34] Moreover, Big Sky's financial
    institution has confirmed that it "had sufficient funds on hand to
    make the payment initiated on February 28, 2002."[^35] These factors
    further mitigate the concern that Big Sky may not have the capital
    necessary to both pay for the license and provide service to the
    public.[^36]

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.[^37] 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 given the particular error Big Sky made in
    tendering payment, 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 Big Sky's participation in the AIP program, its
    payment history and the continuing condition on the licenses that
    Big Sky must fully and timely perform its current payment
    obligations. The automatic cancellation of the licenses resulted
    from a single AIP related payment error by Big Sky that does not
    appear to reflect an inability or unwillingness on its part to
    comply with the Commission's rules. Moreover, Big Sky's payment
    history, including payments rendered 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, Big Sky'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.[^38]
    Big Sky has specifically stated that it "can and will pay for the
    outstanding debt associated with the License."[^39] 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.[^40] Accordingly, given the
    totality of the circumstances, we conclude that the underlying
    purpose of the automatic cancellation provision would not be served
    by its application to the present circumstances.

15. As stated in recent decisions, "\[a\]ny one of the circumstances
    described above would not suffice to meet the Commission's waiver
    standard."[^41] 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 Big Sky'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. Given the totality of the facts,
    we find the present circumstances distinguishable from those cases
    in which we have denied waiver of the automatic cancellation rule
    for late payment despite a debtor's assurance of a future ability to
    pay debt. For instance, there have been several cases where a
    licensee has requested a waiver in order to assign the license to an
    entity that can pay the Commission in full. Assignment to a
    different party cannot protect against any lingering uncertainties
    about the initial assignment of the licenses and cannot safeguard
    the integrity of the Commission's licensing and auction
    process.[^42] In contrast, Big Sky's error in tendering payment
    through the AIP program and the payment in full, in accordance with
    the terms of its notes, security agreements and the terms of this
    Order,[^43] diminishes the possibility that Big Sky's noncompliance
    reflects an erroneous initial license assignment and protects
    general auction or licensing integrity. Moreover, Big Sky's
    circumstances are distinguishable from those cases where installment
    payments were initiated only after the final grace period deadline
    had lapsed.[^44] Contrary to such cases, and as explained fully
    above, Big Sky's failure to successfully render installment payments
    through the AIP program is not reflective of whether it had the
    necessary financial qualifications to be a Commission licensee and
    does not cast doubt upon the license assignment. Thus, unlike cases
    where we have denied relief from section 1.2110(g)(4)(iv), we
    believe that automatic cancellation of this BRS license is not
    required to protect the integrity of the auction and licensing
    process. Furthermore, based on all the facts before us, we believe
    that the public will benefit by eliminating the possibility of
    disruption to the Commission's prior assignment of this BRS license.
    Under these particular circumstances, where the question of the
    licensee's financial qualifications will be eliminated by full
    payment of the obligation, the benefit of preserving the license
    assignment outweighs any public benefit gained by the automatic
    cancellation of a license.

17. While we find that waiver of the automatic cancellation provision of
    section 1.2110(g)(4)(iv) is warranted in the instant case, we note
    that the relief granted herein does not alter Big Sky'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), Big Sky 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 Big Sky the
    relief described herein, we grant Big Sky until October 12, 2006, to
    make the payments required by the conditions on the licenses.
    Failure to render the full payments no later than October 12, 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).[^45]

# conclusion

18. Big Sky's BRS license for the Butte, Montana BTA automatically
    cancelled when it failed to pay its installment payment 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 Big Sky's obligation to fully and timely perform its
    payment obligations pursuant to section 1.2110(g)(4). As described
    fully above, Big Sky, 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 no later than October 12, 2006. If Big Sky fails
    to make full payment for the 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 Big
    Sky will remain subject to the Commission's debt collection
    procedures.

# ORDERING CLAUSES

19. 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, Big Sky 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 BRS license for the Butte,
    Montana BTA.

20. 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), Big Sky must render full payment of any
    and all outstanding installment debt connected to its BRS license
    for the Butte, Montana BTA no later than October 12, 2006. In the
    event Big Sky 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.

21. 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]: On July 29, 2004, the Commission released a *Report and Order and
    Further Notice of Proposed Rulemaking *that modified the rules
    governing the Multipoint Distribution Service ("MDS") in order to
    encourage the deployment of broadband services by commercial and
    educational entities.  Amendment of Parts 1, 21, 73, 74 and 101 of
    the Commission's Rules to Facilitate the Provision of Fixed and
    Mobile Broadband Access, Educational and Other Advanced Services in
    the 2150-2162 and 2500-2690 MHz Bands, *et al.*; WT Docket Nos.
    03-66, *et al.*, *Report and Order and Further Notice of Proposed
    Rulemaking*, 19 FCC Rcd 14165 (2004). To better reflect the
    forward-looking vision for these services, the Commission renamed
    MDS as BRS. Because the new rules are now in effect, we will refer
    to the service by its new name.

[^2]: This Order responds to the Motion for Leave to File a Supplement
    to Petition for Reconsideration ("Motion for Leave") and the
    Supplement to Petition for Reconsideration, or in the Alternative,
    Petition for Reinstatement ("Supplement") (both filed by Big Sky on
    October 10, 2003) and the Further Supplement to Petition for
    Reconsideration, or in the Alternative, Petition for Reinstatement
    ("Further Supplement") (filed by Big Sky on April 18, 2006).

[^3]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^4]: *Id*. Insofar as we are addressing Big Sky's request for waiver of
    section 1.2110(g)(4)(iv) affirmatively, its petition for
    reconsideration and its request for reinstatement are moot. We note
    that Big Sky's BTA authorization expired by its original terms on
    March 28, 2006. Because the authorization was considered cancelled,
    Big Sky was not able to utilize the Commission's Universal Licensing
    System to apply for renewal of the BTA authorization within the time
    frame required under Section 1.949(a) of the Commission's Rules.
    Once the BTA authorization is restored on the Universal Licensing
    System, Big Sky will be required to apply for renewal of the
    authorization. We therefore direct Big Sky to file an application
    for renewal of license for the BTA authorization (call sign B064)
    within sixty days of the release of this Order. On our own motion,
    we waive Section 1.949(a) of the Commission's Rules to allow
    consideration of the late-filed renewal application. The renewal
    application must be accompanied by request for waiver of Section
    1.949(a). Such waiver request may refer to the waiver grant
    contained in this Order without further argument.

[^5]: 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*. In a prior Order
    granting similar relief, we allowed the petitioner thirty-one (31)
    days from the date of the Order to render payment in full. *See*
    Advanced Communications Solutions, Inc. Request for Waiver of
    Section 1.2110(g)(4)(iv) and Reinstatement of 900 MHz Specialized
    Mobile Radio Licenses, Order, 21 FCC Rcd 1627, 1628 ¶ 2 (2006)
    ("*Advanced Order*").

[^6]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^7]: 47 C.F.R. § 1.2110(g)(4).

[^8]: *See* 47 C.F.R. § 21.960(c) (1996). 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 its 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*").

[^9]: Supplement at 2; Further Supplement at 2.

[^10]: *Id*.

[^11]: *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*").

[^12]: *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.

[^13]: *See id*. *See* 47 C.F.R. § 1.2110(g)(4)(i).

[^14]: *See Part 1 Third Report and Order* at 436 ¶106. *See also* 47
    C.F.R. § 1.2110(g)(4)(ii).

[^15]: *See Part 1 Third Report and Order* at 438 ¶107. *See* *also* 47
    C.F.R. § 1.2110(g)(4)(iv).

[^16]: 47 C.F.R. § 1.2110(g)(4). At the time Big Sky's licenses were
    originally granted, this language was codified at section
    1.2110(e)(4). *See* 47 C.F.R. § 1.2110(e)(4)(1995).

[^17]: *See generally* AIP brochure.

[^18]: 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)."

[^19]: *See* Further Supplement at 3.

[^20]: Big Sky notes, and Commission's records confirm, that, on a
    number of previous occasions, Big Sky contacted Mellon Bank on the
    last business day of the quarter to authorize payment for its
    installment obligations, but because the payment deadline fell on a
    non-business day (i.e., either a weekend or a holiday) -- thus
    extending the deadline to the following business day -- the payment
    was considered timely. Further Supplement at n.18.

[^21]: *See* n. 2 *supra* (listing various pleadings).

[^22]: *See* Further Supplement at 1, 6.

[^23]: 47 C.F.R. § 1.2110(g)(4)(iv).

[^24]: *See* Further Supplement at 1.

[^25]: 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).

[^26]: 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).

[^27]: *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).

[^28]: 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, Big Sky took the
    actions in advance of the payment deadline that it believed were
    necessary to render timely payment, and the nature of its 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.

[^29]: *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*, 21 FCC Rcd
    1182, 1186 ¶ 10 (2006) ("*Leaco Order*"); *Advanced* *Order*, 21 FCC
    Rcd 1627, 1632 ¶ 11.

[^30]: Further Supplement at 6.

[^31]: Big Sky's financial institution confirmed that it "had sufficient
    funds on hand to make the payment initiated on February 28, 2002."
    *See* Attachment to Further Supplement (letter of Eileen Bradley,
    Vice President, Bank of Kirksville, dated April 13, 2006).

[^32]: *See* n.20 *supra*.

[^33]: Further Supplement at 3.

[^34]: *Id*. at 1, 6.

[^35]: *See* Attachment to Further Supplement (letter of Eileen Bradley,
    Vice President, Bank of Kirksville, dated April 13, 2006).

[^36]: *See Leaco Order* at 1186 ¶ 11 and n. 32, citing 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).

[^37]: 47 C.F.R. § 1.2110(g)(4).

[^38]: 47 C.F.R. § 1.2110(g)(4).

[^39]: Further Supplement at 6. 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 Order* at 1187 ¶ 12.

[^40]: *See*, *e*.*g*., *MBO Wireless Order*; *Leaco Order*; *Advanced
    Order*.

[^41]: *See, e.g.,* *Advanced Order* at 1633 ¶ 15.

[^42]: *See* 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, 561-62 (2002)
    ("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"); 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). In
    both of these cases, the licensee intended the assignor to relieve
    it of its payment obligations.

[^43]: *See* para. 17 *infra*.

[^44]: *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.

[^45]: 47 C.F.R. § 1.2110(g)(4).