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Requests for waiver of section 1.2106(a) denied

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Released: June 7, 2013

Federal Communications Commission

Washington, D.C. 20554
June 7, 2013
DA 13-1335
Via Certified Mail, Return Receipt Requested
Mr. Warren C. Havens
President, Environmentel LLC
President, V2G LLC
2509 Stuart Street
Berkeley, CA 94705
Mr. Warren C. Havens
President, Skybridge Spectrum Foundation
2649 Benvenue Ave., #4
Berkeley, CA 94704
Environmentel, LLC, Skybridge Spectrum Foundation, V2G, LLC Requests for Waiver
of Section 1.2106(a), Auction of Licenses for Lower and Upper Paging Bands
(Auction 95)
Dear Mr. Havens:
This letter denies the requests submitted on May 9, 2013, by Environmentel LLC (ENL),
Skybridge Spectrum Foundation (SSF), and V2G LLC (V2G) (collectively, "Applicants") seeking waiver
of the Commission's rule requiring a higher upfront payment for any applicant that has previously been
delinquent on any non-tax debt owed to any Federal agency.1
Each of the three Applicants states in its short-form application that it is a "former defaulter"
within the meaning of section 1.2106(a) of the Commission's rules.2 Each Applicant nevertheless
requests that the Commission find that a de minimis exception exists with respect to section 1.2106(a), but
fails to point to any Commission rule or decision establishing such exception. In the alternative, each
Applicant requests a waiver of the rule.
Section 1.2106(a) contains no de minimis exception. In the absence of any Commission rule or
decision establishing such exception, we decline to apply a de minimis standard by which applicants who
are former defaulters would not be required to submit the higher upfront payment required by the
Commission's rule.

1 47 C.F.R. 1.2106. An identical request was submitted in each Applicant's Auction 95 short-form application
(application to participate in Auction 95). FCC Form 175 applications of ENL, SSF, V2G Request for Waiver,
submitted May 9, 2013 (Waiver Requests).
2 See 47 C.F.R. 1.2106(a) (a former defaulter may participate in an auction so long as it is otherwise qualified and
submits an upfront payment that is fifty percent more than would otherwise be necessary).

Mr. Warren C. Havens
June 7, 2013
Page 2
ENL, SSF, and V2G fail to meet the standard for granting a waiver set forth in section 1.925 of
the Commission's rules.3 The Waiver Requests do not explain how the purpose of the rule would not be
served or would be frustrated by applying the requirement for a higher upfront payment in these
circumstances. Nor do the Waiver Requests demonstrate how grant of the waiver would serve the public
interest. Finally, none of the three Waiver Requests present unique or unusual factual circumstances in
the instant case that would make application of the rules inequitable, unduly burdensome, or contrary to
the public interest, or give the applicants no reasonable alternative.
This action is taken pursuant to delegated authority under section 0.331 of the Commission's
Margaret W. Wiener
Auctions and Spectrum Access Division
Wireless Telecommunications Bureau

3 See 47 C.F.R. 1.925(b)(3) (The Commission may grant a request for waiver if it is shown that: (i) The underlying
purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant
of the requested waiver would be in the public interest; or (ii) In view of unique or unusual factual circumstances of
the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public
interest, or the applicant has no reasonable alternative.).
4 47 C.F.R. 0.331.

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