March 15, 2002

DA 02-624

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Michael K. Kurtis, Esq.
Jerome K. Blask, Esq.
Kurtis & Associates, P.C.
1000 Potomac Street, N.W., Suite 200
Washington, DC 20007


Re:	Mountain Solutions, Ltd., Inc., Emergency Motion for Stay of Auctions and Industry 
Analysis Division Letter Order Dated October 17, 2001


Dear Messrs. Kurtis and Blask:

	This order grants in part the November 1, 2001, Emergency Motion for Stay of Auctions and 
Industry Analysis Division Letter Order Dated October 17, 2001 (Stay Motion) filed by Mountain 
Solutions Ltd., Inc. (Mountain Solutions).
	Background.  On September 11, 2001, the Commission released a memorandum opinion and 
order (MO&O), in which it, inter alia, denied Mountain Solutions request for waiver of default 
payment obligations it had incurred as a result of its failure to remit the required down payment on ten 
licenses for which it was the successful high bidder in the first broadband Personal Communications 
Services (PCS) C block auction (Auction No. 5).  The Commission also instructed the Auctions and 
Industry Analysis Division (Division) to issue an order assessing the final default payment due from 
Mountain Solutions with regard to the ten licenses. 
	Accordingly, in an October 17, 2001, order (October 17 Order),  we assessed Mountain 
Solutions a final default payment for the ten C block licenses.  We ordered that Mountain Solutions 
initial default payment as assessed, along with the remainder of Mountain Solutions initial down 
payment for the ten C block licenses, be applied toward the sum of its final default payments for the ten C 
block licenses.  We also ordered that Mountain Solutions debt be paid immediately, and, if unpaid 30 
days after the date of the order, that other monies that Mountain Solutions had on deposit with the 
Commission for an initial down payment from the second C block auction (Auction No. 10) be applied 
toward the final default payments for the ten licenses. 
	In response, Mountain Solutions filed the Stay Motion asking that the Commission stay 
enforcement of the October 17 Order until final resolution of a pending court appeal by Mountain 
Solutions  of the MO&O.  In its motion, Mountain Solutions argues that it satisfies the four-pronged test 
for a stay established by controlling precedent. 
	On November 14, 2001, Mountain Solutions and the United States government entered into a 
standstill agreement (Standstill Agreement) in which the parties agreed to preserve, for at least 60 days, 
the status quo of all matters between them.  The parties subsequently extended the Standstill Agreement 
through March 15, 2002. 
	Discussion.  To the extent that the Stay Motion requests that collection of Mountain Solutions 
outstanding debt of $16,888,367.53, established in the October 17 Order, not be enforced, and because 
the pending D.C. Circuit litigation would necessarily affect the governments ability to collect on that 
debt,  we grant Mountain Solutions request.   In all other respects the request is denied. This stay will 
expire without further action by the Commission upon final judicial disposition of the pending litigation.
	Conclusion.  Accordingly, IT IS ORDERED THAT, pursuant to Sections 4(i), 5(b), 5(c)(1), 
303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 
155(c)(1), 303(r), and 309(j), and only to the extent that the Stay Motion requests that collection of 
Mountain Solutions outstanding debt of $16,888,367.53, established in the October 17 Order, not be 
enforced, the Stay Motion filed by Mountain Solutions IS GRANTED.  The Stay Motion IS DENIED in 
all other respects.

	IT IS FURTHER ORDERED THAT, pursuant to Sections 4(i), 5(b), 5(c)(1), 303(r), and 309(j) of 
the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 155(c)(1), 303(r), and 
309(j), this stay will expire without further action by the Commission upon final disposition of the 
pending appeal.  
	This action is taken pursuant to authority delegated by Section 0.331 of the Commissions rules, 
47 C.F.R.  0.331.
FEDERAL COMMUNICATIONS COMMISSION



Margaret Wiener, Chief
Auctions and Industry Analysis Division
			Wireless Telecommunications Burea

cc: VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Jeff B. Smith 
Vice President
Mountain Solutions, Ltd., Inc.
7220 W. Jefferson Ave., #402
Lakewood, CO 80235

Dale Gray
Mountain Solutions, Ltd., Inc.
7220 W. Jefferson Ave., #402
Lakewood, CO 80235

Clark H. Vera
Mountain Solutions, Ltd., Inc.
7220 W. Jefferson Ave., #402
Lakewood, CO 80235

David B. Adrian
Mountain Solutions, Ltd., Inc.
7220 W. Jefferson Ave., #402
Lakewood, CO 80235

Deborah Lynn Langford
President
Mountain Solutions, Ltd., Inc.
PO Box 36192
Denver, CO 80236-0192

  	DiGiPH Application for Review of Public Notice DA 98-2604, Memorandum Opinion and Order, 16 FCC Rcd 
16,538 (2001) (MO&O).  The ten C block licenses for which Mountain Solutions was the high bidder in Auction 
No. 5 are:  B053 (Bozeman, MT), B168 (Grand Junction, CO), B172 (Greeley, CO), B187 (Hays, KS), B188 
(Helena, MT), B224 (Kalispell, MT), B247 (Lawrence, KS), B275 (Manahattan, KS), B366 (Pueblo, CO), and B381 
(Rock Springs, WY).
  Letter order from Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, to Michael K. Kurtis, Esq. and Jeanne W. 
Stockman, Esq., Kurtis & Associates, P.C., attorneys for Mountain Solutions, Ltd., Inc., 16 FCC Rcd 18,542 (2001) 
(October 17 Order).
  Id., 16 FCC Rcd at 18,546-47.  A comprehensive account of the administrative and judicial history preceding the 
October 17 Order is provided in the orders background section.  Id., 16 FCC Rcd at 18,542-44.
  Mountain Solutions Ltd., Inc. v. FCC, No. 01-1445 (D.C. Cir. Oct. 10, 2001).
  Stay Order at i, 1-2.
  Mountain Solutions claimed that (1) it is likely to prevail on the merits of its pending court appeal; (2) it will suffer 
irreparable harm absent a stay; (3) other interested parties will not be harmed if a stay is granted; and (4) the public 
interest favors grant of a stay.  Stay Motion at ii, 6-17. 
  See First Extension to Standstill Agreement (January 4, 2001).
  See 31 C.F.R.  285.12(c) and (d).
  Thus, for the duration of this Order, we will not apply the other funds that Mountain Solutions has on deposit with 
the Commission for Auction No. 10 toward the outstanding debt of $16,888,367.53.
  Mountain Solutions Ltd., Inc. v. FCC, No. 01-1445 (D.C. Cir. Oct. 10, 2001).
Messrs. Kurtis and Blask
March 15, 2002
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Federal Communications Commission
Washington, D.C. 20554