WPC  2BET Z 3|P) X-#Xj\  P6G; DXP#HP LaserJet 4/4MScript_230_1HPLAS4.WRSSx  @,, @[X@2G@EP(X3|PCourier New (TT)Times New Roman (TT)Times New Roman (Bold) (TT)Courier New (TT)Times New Roman (TT)AIISI.WRSx  @,,,!KX@?xxxX/Xx6X@DQX@7PC2X DXP\  P6QXP.7UC2X(xXU4  pQX.PF4+nJ:\INTERNET\DA961337.TXTWP}WP{.PF32 @y@d @] "5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYd2  X-x` `  hh@hpp  X-x` `  hh@hppDA 961404 x` `  hh@hAugust 19, 1996  X_-George Petrutsas, Esquire Paul J. Feldman, Esquire Fletcher, Heald & Hildreth, P.L.C. 1300 North 17th Street 11th Floor Rosslyn, Virginia 222093801   X -xRE:` ` West Coast PCS, L.L.C. Petition for Waiver in Auction No. 11 x` ` Adopted August 19, 1996 x` ` Released August 20, 1996 Dear Messrs. Petrutsas and Feldman: xThis letter responds to the July 24, 1996 request of West Coast PCS, L.L.C. ("West Coast") for waiver of the Commission's Rules to allow it to qualify to bid as a small business in the broadband PCS F block auction. Specifically, West Coast requests the waiver of the affiliation rules set forth in Section 24.720 of the Commission's Rules, so that a parent corporation of West Coast, and its cellular interests, would not be attributable to West Coast. For the reasons stated below, we deny West Coast's request. xSection 24.720(b)(1) defines a small business, for purposes of the F block, as "an entity that, together with its affiliates and persons or entities that hold interest in such entity and their affiliates, has average annual gross revenues that are not more than $40 million for the preceding three years." Section 24.720(b)(3) requires that gross revenues, for purposes of 24.720(b)(1), shall be considered on a cumulative basis and aggregated. Section 24.720(l) sets forth the Commission's definition of "affiliate" for purposes of the F block. Section 24.720(l)(11)(ii) excluded from affiliation with small businesses, for purposes of the definition of a small business, any wouldbe affiliate that met the entrepreneurs' block caps, provided the gross revenues and total assets of all such affiliates of the small business, when aggregated, did not exceed those caps. Section 24.720(l)(11)(ii) was applicable on its express terms solely to the C block, and was not made applicable to the F block. xA request for waiver of a broadband PCS rule must include a showing either "that the underlying purpose of the rule will not be served, or would be frustrated, by its application in a particular case, and that grant of the waiver is otherwise in the public interest;" or "that unique facts and circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest." 47 C.F.R.  24.819(a)(i) and (ii). "(0*0*0*'"Ԍ X-xWest Coast requests waiver of the affiliation rules based on two arguments: (1) that West Coast relied on the abolished exception to the affiliation rules formerly contained in Section 24.720(l)(11)(ii); and (2) that the timing of the Commission's decision to change the eligibility requirements harms West Coast's efforts to obtain PCS licenses.  X-xWest Coast fails to allege unique facts that would render application of the rules in its case inequitable. It alleges only that it believed that the same affiliation rule exceptions provided to C block bidders would apply in the F block, and that it is harmed by the timing of the Commission's rule changes. Reliance alone, however, is not grounds for a waiver. The Commission has the discretion to change its view of what is in the public interest, either with or without a change in circumstances, as long as the Commission supplies a reasonable analysis indicating that the prior policies and standards are being deliberately changed and not  X -casually ignored. Greater Boston Television v. FCC, 444 F.2d 841 (D.C. Cir. 1970). In any event, the Commission invited applicants that participated in the C block auction and relied on the affiliation exception then contained in Section 24.720(l)(11)(ii) to submit requests that the Commission waive it rules to allow them to participate in the F block auction. Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket 9659, FCC  Xb-96278, Report and Order (rel. June 24, 1996), at  36. West Coast can still participate as an entrepreneur in the F block auction, and as such, is eligible for an installment payment plan in accordance with its size. xFor the reasons stated above, West Coast's request for waiver of the affiliation rules set forth in Section 24.720 of the Commission's Rules IS HEREBY DENIED. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. x` `  hh@hSincerely, x` `  hh@hKathleen O'Brien Ham x` `  hh@hChief, Auctions Division x` `  hh@hWireless Telecommunications Bureau