******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Communications Venture PCS ) Limited Partnership ) ) Request for Waiver of Sections ) 24.720(f) and (g) ) of the Commission's Rules. ) ORDER Adopted: January 28, 1997 Released: January 29, 1997 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On May 22, 1996, Communications Venture PCS Limited Partnership ("the Applicant"), a successful bidder for licenses in the broadband C Block Personal Communications Services (PCS) filed long form applications (FCC Form 600) with the Commission. In its Exhibit E attachments, the Applicant submitted a request for waiver of Sections 24.720(f) and (g) of the Commission's rules. The Applicant sought to waive Sections 24.720(f) and (g) to the extent that those rules required the submission of audited financial statements for the preceding two years. Specifically, the Applicant requested permission to report their 1994 calendar year-end total attributable assets. Upon review of the Applicant's arguments, we grant its request. 2. In accordance with Sections 24.720(f) and (g) of the Commission's rules, applicants for the PCS C Block Auction are instructed to provide their gross revenues and total assets as evidenced by audited financial statements "for the relevant number of calendar years...." Section 24.709(a)(1) defines the relevant number of calendar years as "the last two years." Here, however, the Applicant argues that its financial statements are not available in a form which allows for the reporting of total assets as of November 6, 1995. Instead, the Applicant seeks to report its total attributable assets as of the end of the 1994 calendar year. 3. By Order released May 8, 1996, the Commission waived the audited financial statements requirement of Sections 24.720(f) and (g) with respect to reporting gross revenues and total assets. In so doing, the Commission amended its rules and determined that "when an applicant does not otherwise use audited financial statements, its gross revenues and total assets may be certified by its chief financial officer or its equivalent." The Commission explained that it "did not intend to discriminate based upon a company's particular accounting practices." The Commission stated that "requiring broadband PCS C Block applicants with limited resources to obtain audited financial statements solely for the purpose of supporting the long-form applications [was] excessively burdensome." Thus, because the Applicant states that its financial statements are not available in a form which allows for reporting as of November 6, 1995, we find that disclosure of total assets as of the end of the 1994 calendar year is sufficient in this instance. 4. Accordingly, IT IS ORDERED that, pursuant to Section 24.819(a)(ii) of the Commission's rules, the Waiver Request submitted by Communications Venture PCS Limited Partnership IS GRANTED. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's rules. David Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau