Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FCC 94-294 In the Matter of ) ) Inquiry into alleged abuses of ) GN Docket No. 94-96 the Commission's auction ) processes by applicants for ) licenses in the Interactive ) Video and Data Services ) ORDER Adopted: November 16, 1994 Released: November 18, 1994 By the Commission: 1. The Commission has before it a "Request for Immediate Commission Action." The Request was tendered for filing in this non-public inquiry by IVDS Enterprises Joint Venture on November 1, 1994. The inquiry is being conducted pursuant to Section 403 of the Communications Act, of 1934, as amended, 47 U.S.C.  403. The "Request" asks the Commission to immediately conduct IVDS re- auctions in markets where there have been defaults and restrict participation therein to bona fide applicants; to accord a non- defaulting auction bidder in a market where a default has occurred the opportunity to secure a winning bid reduction; and to grant a credit against all bona fide licensees' bids. The Request for relief is beyond the scope of this investigatory fact finding proceeding because it seeks special relief in the nature of adjudicatory action with respect to certain IVDS licenses. The Request will, therefore, be dismissed. 2. ACCORDINGLY, IT IS ORDERED, that the Request for Immediate Commission Action, tendered for filing by IVDS Enterprises Joint Venture on November 1, 1994, IS DISMISSED without prejudice to being refiled outside this proceeding with service on all IVDS license bidders who defaulted and who would be affected by the Request. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary