FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement Page: 1,626

                                
F   C c   C      DA 9923

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of                           )
)
CARL N. DAVIS
)
Waiver Request and Reinstatement of
218-219 MHz Service Licenses for Stations
KIVD0041, KIVD0339, KIVD0080,              )
KIVD0096, and KIVD0176                     )
ORDER
Adopted: December 15,1999                               Released: December 17, 1999
By the Chief, Public Safety and Private Wirelesz Division, Wireless Telecommunications Bureau:
I. INTRODUCTION
1. The Public Safety and Private Wireless Division (Division) has before it an Emergency
Request for Contingent Waiver and Reinstatement of Licenses filed on January 15, 1997, by Carl N.
Davis (Davis).' Davis seeks a waiver of the Commission's down payment rules and reinstatement of five
218-219 MHz Service2 licenses, conditioned upon payment of past due principal, accrued interest, and
any applicable penalties. For the reasons discussed below, we deny the Waiver Request.
II. BACKGROUND
2. Davis was the high bidder for five 218-219 MHz licenses (Metropolitan Statistical Areas Nos.
31 A, 40A, 107A, 142A, and 180A) in the FCC auction held on July 28 and 29, 1994.3 As an eligible
small business, Davis elected to pay his net bid amount through installment payments.4 Under the
Commission's competitive bidding rules in effect at the time, winning bidders paying by installments
were required to bring their total deposits to ten percent of their winning bids within five business days
after the Commission issued a Public Notice announcing winning bidders (first down payment deadline).
'Carl N. Davis, Emergency Request for Contingent Waiver and Reinstatement of Licenses (filed January 15,
1997) (Waiver Request).
2During the period in question, the 218-219 MHz Service was known as the Interactive Video and Data Service,
but the Commission subsequently redesignated it as "218-219 MHz Service" to reflect the breadth of services
evolving in this spectrum. Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in
the 218-219 MHz Service; Amendment of Part 95 of the Commission's Rules to Allow Interactive Video and Data
Service Licensees to Provide Mobile Services, Order, Memorandum Opinion and Order, and Notice of Proposed
Rulemaking, WT Docket No. 98-169, 13 FCC Rcd. 19064, 19075-76  16 (1998).
4See Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice,
Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994).
447 C.F.R.  95.816(d)(2), 1.2110(e) (1994).

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Federal Communications Commission

DA 99-2836