******************************************************** 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. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 January 29, 1997 Eliot J. Greenwald, Esq. Released: January 29, 1997 Fisher Wayland Cooper Leader & Zaragoza 2001 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Re: Integrated Communications Group Corporation's Request for Waiver Dear Mr. Greenwald: On May 22, 1996, Integrated Communications Group Corporation ("Integrated"), a successful bidder for licenses in the Broadband C Block Personal Communications Services ("PCS"), filed an FCC Form 600 which included, as Exhibit F, a request for waiver. Specifically, Integrated sought "a waiver of the rules to permit it to be classified as a minority owned and controlled company." Upon review of the Applicant's arguments, we dismiss Integrated's request. In accordance with the Supreme Court's holding in Adarand Constructors, Inc. v. Pena, the Commission has eliminated the preferential treatment formerly afforded to minority and women applicants. The Commission's Sixth Report and Order dismissed "race and gender-based provisions" from the C Block Auction's competitive bidding rules because the Commission believed that such provisions "raised legal uncertainties in the aftermath of the Supreme Court's decision in Adarand." Thus, while the Commission continues to request "information on the short-form applications...concerning the minority-or women-owned status of applicants" this data is requested solely for statistical purposes. Consequently, pursuant to the decision in Adarand and the Commission's Sixth Report and Order, we find that Integrated's Request for Waiver is moot. For the reasons stated above, Integrated's request for waiver IS DISMISSED. This action is taken pursuant to the delegated authority under Section 0.331 of the Commission's rules, 47 C.F.R.  0.331. Sincerely, David Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau