******************************************************** 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 Melodie Virtue, Esq. Released: January 29, 1997 Haley Bader & Potts, P.L.C. 4350 N. Fairfax Drive, Suite 900 Arlington, VA 22203-1633 Re: Personal Communication Network Inc.'s Request for Waiver of Section 24.709(c)(2)(i) of the Commission's Rules Dear Ms. Virtue: On May 22, 1996, Personal Communication Network, Inc. ("PCN"), a successful bidder for licenses in the Broadband C Block Personal Communications Services ("PCS"), filed an FCC Form 600 which included, as Exhibit E, a request for waiver of Section 24.709(c)(2)(i) of the Commission's rules. Specifically, PCN requested "a waiver of Rule 24.709(c)(2)(i) to the extent it require[d] applicants to report each affiliate's revenues separately." Thus, PCN sought relief from reporting its affiliates' gross revenues and assets by separate audited financial statements. Upon review of the Applicant's arguments, we grant PCN's request. In support of its request, PCN argues that "[t]he financial statements of the applicant's parent, Electronics Communications Corp. ("ECC"), and its wholly-owned subsidiaries, Free Trade Distributors, Inc., Trade Zone Distributors, Inc., and Electrocomm Wireless, Inc., are prepared on a consolidated basis." PCN contends that because "the figures for each subsidiary and ECC are not readily segregable" such calculations "would be a burden to prepare." Further, PCN explains that "[s]uch audited reports are not prepared in the normal course of ECC's business." The Commission has amended the C Block Auction rules to provide 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." In so doing, 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." Pursuant to Section 24.819(a)(ii) of the Commission's rules, requests for waiver may be granted upon an affirmative showing that the "unique facts and circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest." Because PCN states that its financial statements are prepared on a consolidated basis with its affiliates, and to do otherwise would be unduly burdensome, we find that disclosure of total assets on a consolidated basis is sufficient in this instance. For the reasons stated above Personal Communication Network, Inc.'s request for waiver IS GRANTED. 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