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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 Re Application of ) ) Metricom, Inc. ) File Nos. ) 01989WSL97 02106WSL97 For Request for Waiver of the ) 02107WSL97 02108WSL97 Commission's Application Filing Rules) 02109WSL97 02110WSL97 For Wireless Communications Service Markets:) 02111WSL97 02112WSL97 ME30A, ME45A, ME46A, RE01D, ) RE05C, RE05D, RE06C, RE06D ) ORDER Adopted: September 25, 1997 Released: September 25, 1997 By the Chief, Commercial Wireless Division: I. INTRODUCTION 1. By this Order, we grant Metricom, Inc.'s (Metricom) request to waive the Federal Communications Commission's (Commission) Form 600 (FCC Form 600) application filing rules. On June 10, 1997, Metricom submitted a request for waiver of the Commission's rules with regard to its FCC Form 600 applications filed in the Wireless Communications Service (WCS) auction. Specifically, Metricom seeks relief from the Commission's requirement that manually-filed FCC Form 600 applications be signed and timely submitted to the Commission's Gettysburg, Pennsylvania (Gettysburg) office on a per market basis. In light of the unique factual basis of this request as well as exigent public interest factors, we grant Metricom's request. II. BACKGROUND 2. In a Public Notice released on April 28, 1997, the Commission instructed winning WCS bidders to file their FCC Form 600 application(s) by 5:30 p.m. Eastern Standard Time on May 12, 1997. Applicants were given the option of filing their FCC Form 600(s) either electronically or manually. Manual filers were instructed to mail or deliver their original application(s) to the Commission's Gettysburg office. Manual filers were also directed to submit a separate FCC Form 600 for each license for which they were a winning bidder, while electronic filers were allowed to submit a single FCC Form 600 for multiple licenses, provided all the filing requirements, except market information, were the same. The Public Notice specifically stated that FCC Form 600s should not be filed with the Office of the Secretary in Washington, D.C., and that all manually-filed FCC Form 600s required an original signature of the applicant. Applicants were warned that "[f]ailure to sign a manually-filed FCC Form 600 [would] result in dismissal of the application." 3. The record reveals that on May 12, 1997, Metricom attempted on five separate occasions, without success, to submit a completed electronic FCC Form 600 prior to the Commission's 5:30 p.m. deadline. At approximately 5:20 p.m., "[w]hen it became apparent that . . . the Commission could not receive the application in its entirety" through electronic transmission, Metricom elected to file a blanket FCC Form 600 manually with the Secretary's Office. The following day, on May 13, 1997, Metricom manually filed signed FCC Form 600s to the Commission's Gettysburg office for each of its winning markets. III. DISCUSSION 4. Metricom argues that its FCC Form 600 was not timely filed because it experienced technical difficulties during electronic transmission. Specifically, Metricom contends that "[d]ue to problems at the Commission," the Commission received only a portion of its application by 5:30 p.m. Metricom maintains that its single manually-filed application to the Secretary's Office represents all eight of the markets for which it was a winning bidder. Further, Metricom alleges that the Commission's refusal to deem its partially filed electronic submission as complete necessitates the instant waiver. Although Metricom argues that its failed electronic transmission resulted through no fault of its own, it does not deny that its May 12 manually-filed FCC Form 600 did not comply with the Commission's rules. 5. Under the Commission's rules, failure to submit a complete and timely application constitutes sufficient grounds for dismissal. We believe, however, that there exists a compelling factual basis and exigent public interest that requires us, in this limited instance, to grant Metricom's waiver, notwithstanding its incomplete filing. Our action today should not, however, suggest that the Commission will routinely excuse these types of filing deficiencies. Rather, this waiver is granted strictly pursuant to the facts in the instant matter and the public interest factors inherent in promoting our electronic filing procedures and the timely conclusion of this auction. In so doing, we recognize that there are limited instances where the public interest warrants a waiver of the Commission's application filing rules. 6. In a recent notice of proposed rule making, the Commission proposed to implement mandatory electronic filing as of January 1, 1998. The Commission prefers electronic filing because it eases filing burdens, increases application accuracy, and provides greater access to the Commission for out of town applicants. Further, the Commission has found that electronic filing is in the best interests of both auction applicants and the members of the public who choose to monitor Commission auctions. The Commission has developed "user-friendly electronic filing software" that should allow for ease in electronic filing. In the instant matter, however, the record reveals that Metricom initiated its electronic filing efforts in a timely manner, but experienced technical difficulties that prevented it from sending a complete application despite repeated attempts. While we have no reason to believe the Commission was responsible for these technical difficulties, we do not believe Metricom should be penalized for what appears to have been a good faith effort to complete its filing electronically. In addition, we note that rather than miss the filing deadline entirely, Metricom attempted to provide the Commission with a manually-filed blanket application, and submitted a complete set of applications the next day. Finally, we note that the filing deadline at issue was a post auction deadline. Thus, Metricom's actions did not delay the auction process or prejudice other applicants. Given this factual scenario, we find it is in the public interest to allow a waiver of the filing requirements for Metricom's FCC Form 600s. 6. As mandated by Congress, we seek to promote the most efficient use of the WCS spectrum on an expedited basis. Mindful of our statutory obligation to conclude this auction and license the WCS spectrum by September 30, 1997, our decision today is limited to the facts in this case and is made pursuant to the public interest factors associated with the future of electronic filing and the current licensing of spectrum. IV. CONCLUSION 7. For the reasons stated above, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and section 27.310 of the Commission's rules, 47 C.F.R.  27.310, Metricom, Inc.'s request for waiver IS HEREBY GRANTED. This action is taken under delegated authority pursuant to section 0.331 of the Commission's rules, 47 C.F.R.  0.331. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau