Before the 
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554

In the Matter of                        )
                                   )
Request for Waiver of                   )
the Competitive Bidding Rules                )
as Set Forth in Part 1, Subpart Q            )         
of the Commission's Rules and                )
the Bid Withdrawal Rule as Set Forth              )
in Section 90.1007 of the Commission's Rules      )

                  MEMORANDUM OPINION AND ORDER
                                


     Adopted: July 21, 1999              Released: July 23, 1999      


By the Commission:

               
     1.   The Commission has before it an Application for Review filed on March 29, 1999 by
Jeremy A. Greene ("Greene"), a bidder in the Phase II 220 MHz auction (Auction No. 18) ("220 MHz
Auction").  For the reasons stated below, we dismiss Greene's Application for Review as procedurally
defective.  
               
     2.   Background.  The 220 MHz auction commenced on September 15, 1998 and closed on
October 23, 1998.  In Round 19 of the auction, Greene placed the high bid on License BEA 160E, the Los
Angeles-Riverside-Orange County, CA market ("License 160E").  Greene withdrew his high bid in Round
41 and no subsequent bids were placed for the license.  Following the close of the auction, Greene requested
a waiver of the Commission's competitive bidding rules relative to his withdrawn bid.  Specifically, he
sought the award of License 160E, the establishment of an installment plan, and a reduction in his bid
amount.  On November 13, 1998, the Auctions and Industry Analysis Division denied Greene's waiver
request on the grounds that a grant 
". . . would be contrary to the most basic principles of the auction process and would seriously undermine [the
integrity of the auction]."  On November 17, 1998, Greene filed a petition for reconsideration of that
decision, in which he claimed references to installment payments in the 220 MHz Bidder Information
Package were inaccurate.  His Petition for Reconsideration was denied by the Wireless Telecommunications
Bureau ("Bureau") on March 5, 1999.  On March 29, 1999, Greene filed the Application for Review that is
before us.  In his Application for Review, Greene argues for the first time that: (1) the Commission had not
accepted for filing mutually exclusive applications for License 160E; and (2) there was an excessive
concentration of licenses in the Basic Economic Area that includes License 160E.   

     3.   Discussion.  Under the Commission's rules, an application for review will not be granted if
the designated authority was not afforded an opportunity to address issues raised before the Commission. 
Here, Greene challenges the competitive bidding design of the 220 MHz auction, an issue that could have
been raised in Greene's petition for reconsideration before the Bureau.  Greene does not present newly-discovered evidence, but merely attempts to add new arguments to his appeal before the Commission,
consideration of which would not serve the public interest.  We therefore dismiss Greene's Application for
Review.

     4.   Accordingly, IT IS ORDERED that the Application for Review filed on March 29, 1999 by
Jeremy A. Greene IS DISMISSED.


                    FEDERAL COMMUNICATIONS COMMISSION

                    

                    Magalie Roman Salas 
                    Secretary