**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | File Nos. 0000416439 and     |
|                                  | * | 0000416441                   |
| MEGASTAR, INC.                   | ) |                              |
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| Request for Waiver of Section    | * |                              |
| 1.913 of the                     |   |                              |
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| Commission's Rules for Stations  | * |                              |
| WHQ690 and                       | ) |                              |
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| WHQ706, Dallas, Texas            | * |                              |
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**ORDER**

**Adopted:** October 1, 2001 **Released:** October 3, 2001

By the Chief, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau:

1.  *Introduction.* We have before us two requests by Megastar, Inc.
    (Megastar) to waive Section 1.913(b) of the Commission's Rules, 47
    C.F.R. § 1.913(b), to permit manual filing of its renewal
    applications for Stations WHQ690 and WHQ706, Dallas, Texas. For the
    reasons set forth below, we deny the requests and dismiss the
    applications.

2.  *Background*. On February 5, 2001, Megastar, Inc. (Megastar)
    manually filed FCC Form 601 to renew and modify its licenses for
    point-to-point common carrier Fixed Microwave Services Stations
    WHQ690[^1] and WHQ706,[^2] both of which expired on February
    1, 2001. Subsequently, on March 22, 2001, Megastar submitted waiver
    requests stating, in their entirety,

> Megastar, Inc. recently submitted a form 601 Application for Renewal
> for point to point microwave radio call signs WHQ690 and WHQ706. Since
> these are common carrier licenses, the Rules require that such
> applications be filed electronically. Unfortunately this application
> was filed on paper.
>
> Megastar, Inc. hereby requests a waiver to the Rules allowing this
> Application for Renewal to be accepted for processing regardless of
> the fact it was filed using the incorrect medium.[^3]

3.  *Discussion*. Although not stated specifically in its requests,
    Megastar seeks a waiver of Section 1.913(b) of the Commission's
    Rules, which requires that, with certain limited exceptions,
    applications must be filed electronically via the Universal
    Licensing System.[^4] We note, as an initial matter, that electronic
    filing for common carrier point-to-point Fixed Microwave Services
    applications has been required since March 1, 2000.[^5]

4.  The Commission may grant a request for a waiver if it is shown
    that: (i) the underlying purpose of the rules(s) would not be served
    or would be frustrated by application to the instant case, and that
    a grant of the requested waiver would be in the public interest;
    or (ii) in view of the unique or unusual factual circumstances of
    the instant case, application of the rule(s) would be inequitable,
    unduly burdensome or contrary to the public interest, or the
    applicant has no reasonable alternative.[^6] In this particular
    instance, Megastar made no effort to explain why it needed a waiver
    or how it met the standard for a waiver; rather, it merely requested
    a waiver to allow it to file manually. We note that "\[a\]n
    applicant for a waiver faces a high hurdle even at the starting
    gate. 'When an applicant seeks a waiver of a rule, it must plead
    with particularity the facts and circumstances which warrant such an
    action.'"[^7] Megastar has not done so here, and therefore, we have
    no basis on which to grant its waiver requests.[^8] Consequently, we
    deny the requests and dismiss the applications as improperly filed.

5.  If Megastar wishes to obtain valid authorizations for these
    stations, it must file new properly coordinated applications.[^9] If
    Megastar wishes to continue operating these facilities until it
    receives new authorizations, it must obtain authorization to do
    so.[^10]

6.  Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i) and 1.925
    of the Commission's Rules, 47 C.F.R. § 1.925, the request for a
    waiver of Section 1.913(b) of the Commission's Rules, 47 C.F.R.
    1.913(b) filed by Megastar, Inc. on February 5, 2001, IS DENIED, and
    applications FCC File Nos. 0000416439 and 0000416441, filed February
    5, 2001, ARE DISMISSED.

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

    FEDERAL COMMUNICATIONS COMMISSION

> D'wana R. Terry
>
> Chief, Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Megastar, Inc. FCC Form 601, File No. 0000416439 (filed Feb. 5,
    2001).

[^2]: Megastar, Inc. FCC Form 601, File No. 0000416441 (filed Feb. 5,
    2001).

[^3]: Letter from Nigel Macrae, President, Megastar Inc. to Ruth Taylor,
    Federal Communications Commission (dated Mar. 16, 2001).

[^4]: 47 C.F.R. § 1.913(b).

[^5]: Electronic Filing Required for Certain Microwave Licenses
    Beginning March 1, 2000, *Public Notice*, 15 FCC Rcd 15651 (WTB
    2000).

[^6]: 47 C.F.R. § 1.925(b)(3).

[^7]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969) (quoting
    *Rio Grande Family Radio Fellowship, Inc. v. FCC*, 406 F.2d 664
    (1968)), *cert. denied*, 409 U.S. 1027 (1972).

[^8]: *See* North Eastern Massachusetts Law Enforcement Council Request,
    *Order*, 16 FCC Rcd 12474 (WTB PSPWD 2000).

[^9]: *See* 47 C.F.R. § 101.103.

[^10]: *See* 47 C.F.R. § 1.931.