> DA 04-381

February 12, 2004

Delaney M. DiStephano, Esq.

Higgs Law Group

1028 Brice Road

Rockville, MD 20852

Dear Ms. DiStephano:

This letter responds to a request filed on behalf of Anderson
Communications, Inc. ("Anderson") seeking to amend its FCC Form 175
("short-form") application to participate in Auction No. 55.[^1]
Specifically, Anderson states that Barney Peterson, the president and
sole shareholder of Anderson, passed away after the short-form
application filing deadline, and that all shares of Anderson have passed
into Mr. Peterson's estate.[^2] Anderson's amendment to its short-form
application alleges that all shares of the company will ultimately pass
to Mr. Peterson's spouse.[^3] Anderson requests that its amendment be
treated as a permissible minor amendment pursuant to Section
1.2105(b)(2) of the Commission's rules.[^4] Alternatively, Anderson
requests a waiver of Section 1.2105(b)(2) to allow a major amendment to
its short-form application.[^5]

On October 17, 2003, the Wireless Telecommunications Bureau ("Bureau")
released a public notice announcing the start date and other procedures
governing Auction No. 55.[^6] The *Auction No. 55 Procedures Public
Notice* required applicants to submit their short-form applications by
December 15, 2003.[^7] On December 15, 2003, Anderson timely submitted
its short-form application.[^8] On January 27, 2004, the Bureau released
the *Auction No. 55 Qualified Bidders Public Notice*, which listed
Anderson as a qualified bidder in the auction.[^9] On January 28, 2004,
Anderson submitted its short-form amendment notifying the Commission
that the president and sole shareholder of Anderson had passed away on
January 17, 2004.[^10]

Section 1.2105(b)(2) of the Commission's rules prohibits an applicant
from making major modifications to its short-form application after the
short-form filing deadline, which for Auction No. 55 was December 15,
2003, at 6:00 p.m. ET.[^11] We note that the Part 1 Competitive Bidding
Rules do not expressly address involuntary transfers of control due to
the death of a controlling interest in a short-form applicant. We hereby
determine that an involuntary transfer of control due to the death of an
applicant's controlling interest does not constitute a major amendment
prohibited by Section 1.2105(b)(2). Accordingly, Anderson's amendment to
its short-form application for Auction No. 55 is permitted. Because we
permit Anderson to amend its application, we do not address its request
for a waiver of Section 1.2105(b)(2).

Accordingly, we grant Anderson's request to amend its short-form
application to participate in Auction No. 55. This action is taken under
delegated authority pursuant to Section 0.331 of the Commission's
rules.[^12]

Sincerely,

Margaret W. Wiener

Chief, Auctions and Spectrum Access Division

Wireless Telecommunications Bureau

[^1]: *See* FCC Form 175, Request for Amendment, submitted by Anderson
    on January 28, 2004 ("Amendment").

[^2]: *Id.*

[^3]: *Id.*

[^4]: *Id.*; 47 C.F.R. § 1.2105(b).

[^5]: ^?^ Amendment at 1.

[^6]: ^?^ Auction of 900 MHz Specialized Mobile Radio Service Licenses
    Scheduled for February 11, 2004, Notice and Filing Requirements,
    Minimum Opening Bids, Upfront Payments and Other Auction Procedures,
    *Public Notice,* 18 FCC Rcd 21176, 21192 (WTB 2003)("*Auction No. 55
    Procedures Public Notice*").

[^7]: *Id.*

[^8]: 900 MHz Specialized Mobile Radio Service Spectrum Auction, Status
    of FCC Form 175 Applications to Participate in the Auction, *Public
    Notice*, DA 04-16 (rel. January 7, 2004).

[^9]: ^?^ 900 MHz Specialized Mobile Radio Service Spectrum Auction, 17
    Qualified Bidders, *Public Notice*, DA 04-142 (Jan. 27, 2004)
    ("*Auction No. 55 Qualified Bidders Public Notice"*).

[^10]: ^?^ Amendment at 1.

[^11]: 47 C.F.R. § 1.2105(b).

[^12]: 47 C.F.R. § 0.331.