937-492 (Sidney); 937-497 (Sidney); 419-647 (Spencerville); 419-394 (St Marys); 419-825 (Swanton); 937-332 (Troy); 419-232 (Van Wert); 419-238 (Van Wert); 419-667 (Venedocia); 937-678 (West Manchester); 419-495 (Wilshire-Wren); 330-264 (Wooster); and 419-582 (Yorkshire). Data-Telecom also indicates that it has provided written notice informing its customers of the planned discontinuance by letters dated June 28, 2005. Data-Telecom asserts that it is non-dominant and certified in Ohio as a competitive local exchange carrier.

In accordance with section 63.71(c) of the Commission's rules, Data-Telecom's application will be deemed to be automatically granted on the thirty-first (31st) day after the release date of this public notice, unless the Commission notifies Data-Telecom that the grant will not be automatically effective. Accordingly, pursuant to section 63.71(c), absent further Commission action, Data-Telecom may not terminate service until July 31, 2005. The Commission will normally authorize proposed discontinuances of service unless it is shown that customers or other end users would be unable to receive service or a reasonable substitute from another carrier, or that the public convenience and necessity would be otherwise adversely affected.

This proceeding is considered a "permit but disclose" proceeding for purposes of the Commission's ex parte rules, 47 C.F.R. §§ 1.1200-1.1216. Comments objecting to this application must be filed with the Commission on or before July 14, 2005. Such comments should refer to WC Docket No. 05-224 and Comp. Pol. File No. 717. Comments should include specific information about the impact of this proposed discontinuance on the commenter, including any inability to acquire reasonable substitute service. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send e-mail to ecfs@fcc.gov, and should include the following words in the subject line "get form <your e-mail address>." A sample form and directions will be sent in reply.

Parties who choose to file by paper must send an original and four (4) copies of the comments to the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TWA325, Washington, D.C. 20554. Two (2) copies of the comments should also be sent to the Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 5-C327, Washington, D.C. 20554, Attention: Carmell Weathers. In addition, comments should be served upon the Applicant. Commenters are also requested to fax their comments to the FCC at (202) 418-2345, Attention: Carmell Weathers.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by firstclass or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal

Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

The application will be available for review and copying during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554, (202) 418-0270. A copy of the application may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via e-mail at FCC@BCPIWEB.COM.

For further information, contact Carmell Weathers, (202) 418-2325 (voice),

carmell.weathers@fcc.gov, or Rodney McDonald, (202) 418-7513 (voice), rodney.mcdonald@fcc.gov of the Competition Policy Division, Wireline Competition Bureau. The TTY number is (202) 418-0484. For further information on procedures regarding section 214 please visit

http://www.fcc.gov/wcb/cpd/other_adjud.

-FEDERAL COMMUNICATIONS COMMISSION

This letter responds to your April 18, 2005 correspondence (sent via electronic mail) on behalf of Glorious Communications Channel Broadcasting, LLC ("Glorious") requesting a waiver of the deadline for submission of the FCC Registration Number (FRN) to participate in Auction No. 81. You ask the Federal Communications Commission (“Commission") to accept Glorious's FRN, even though you failed to submit it by the March 18, 2005 deadline.' You claim that various personal problems encountered by you, as Glorious's General Manager, prevented timely submission of Glorious's FRN. For the reasons set forth below, we deny your waiver request.

Pursuant to Section 1.3 of the Commission's rules, the Commission may waive this deadline "for good cause shown" by Glorious, the petitioner. Our grant of a waiver is appropriate only if special circumstances warrant a deviation from the general rule, and if such deviation will serve the public interest. For this reason, an entity seeking waiver must plead with particularity the facts and circumstances which the petitioner argues would warrant the grant of a waiver. Specifically, a petitioner must demonstrate that, in view of unique or unusual circumstances, application of the requirement would be inequitable, unduly burdensome, or contrary to the public interest. In addition, a petitioner has the burden to show that the public interest would be served better by waiver than by strict application of the requirement.

The FRN Public Notice, which was released on February 28, 2005, announced the FRN submission deadline of March 18, 2005. Auction No. 81 applicants were warned that failure to submit

'The FRN submission deadline was announced in a public notice released by the Media and Wireless Telecommunications Bureaus on February 28, 2005. See "Applicants for Low Power Television Construction Permits to be Awarded in Auction No. 81 Must Submit Supplemental Information by March 18, 2005," Public Notice, DA 05-505 (Feb. 28, 2005) ("FRN Public Notice"). The FRN Public Notice described the procedures and provided instructions for submission of the Auction No. 81 applicant's FRN. See also Low Power Television Auction No. 81 Scheduled for September 14, 2005; Auction No. 81 Applicants Must Provide Supplemental Information by March 18, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, Public Notice, DA 05-506 (Feb. 28, 2005).

247 C.F.R. § 1.3. Section 1.3 provides in pertinent part: "The provisions of this chapter may be ... waived for good cause shown... subject to the provisions of the Administrative Procedure Act and the provisions of this chapter. Any provision of the rules may be waived by the Commission... on petition if good cause therefor is shown." See Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); Thomas Radio v. FCC, 716 F.2d 921 (D.C. Cir. 1983); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 93 S.Ct. 461 (1972).

3

3

their FRN by the March 18, 2005 deadline would result in the dismissal of their engineering proposal(s) and their not being permitted to participate in the auction. Glorious does not claim a lack of notice of the March 18, 2005 FRN submission deadline. In fact, the waiver request appears to indicate that Glorious was aware of the deadline but that you, as the applicant's General Manager, were distracted by personal problems and failed to make the submission."

You have not satisfied the Commission's criteria for granting a waiver of the FRN submission deadline. You have not shown that enforcing the deadline in this case would frustrate the purposes underlying this requirement, or would not serve them. The Bureaus set the deadline in order to obtain in a timely manner each Auction No. 81 applicant's FRN. It was necessary to establish a deadline so that applicants for Auction No. 81 would be able to access the electronic FCC Auction System and continue to participate in the auction process. The deadline was also necessary to provide the staff with sufficient time prior to the auction to aid in the transition of auction applications to the new Integrated Spectrum Auction System from the Commission's Automated Auction System, which was used when these auction applications were initially filed in 2000. By having an announced procedure which applies uniformly, we created a predictable and fair procedure for all applicants in Auction No. 81. Consistent application of the auction rules to all applicants is essential to a fair and efficient process, and is fair to all auction applicants,10

In addition, you have not demonstrated unique facts or circumstances that merit granting a waiver in this case. You have failed to provide any particular facts or other evidence that would demonstrate that you were incapacitated or otherwise prevented from timely submitting your FRN by the March 18, 2005 deadline. While you point to your various personal problems, you have not shown why you or Glorious were unable to obtain the assistance of a third party, such as another employee or contractor, to make the required FRN submission.''

Accordingly, your request for a waiver of the FRN submission deadline for Auction No. 81 is denied. This action is taken under authority delegated pursuant to Sections 0.283 and 0.331 of the Commission's rules. 12

'In this regard, we note that a copy of the FRN Public Notice was sent via certified mail to you because Glorious had designated you as its contact person in its auction application (FCC Form 175). Postal records indicate that the FRN Public Notice was received on March 10, 2005, and that the certified mail return receipt card was signed by you.

Glorious submitted its FRN (along with the instant waiver request) on April 18, 2005, which was 31 days after the submission deadline.

See, e.g., Application of Winstar Broadcasting Corp., Order on Reconsideration, 20 FCC Rcd 2043, 2053-54 ¶ 20 (2005).

Although your waiver request describes slow healing and recovery after surgery on February 10, 2005, no specific events are related between the February 28 release of the FRN Public Notice and the March 17 fall by Mr. Jones, one day before the March 18 deadline.

12 47 C.F.R. §§ 0.283 and 0.331.

Washington, D.C. 20554

This letter responds to the reconsideration petition, filed May 12, 2005, on behalf of Sainte Partners II, LP (Sainte), requesting reinstatement of two Auction No. 81 engineering proposals dismissed, on April 13, 2005, for failure to submit the required FCC Registration Number (FRN). The reconsideration petition requests reinstatement of two dismissed engineering proposals and acceptance of Sainte's FRN, submitted on May 12, which was 55 days after the announced deadline of March 18, 2005. For the reasons described below, we deny Sainte's reconsideration petition.

As Sainte acknowledges in its reconsideration petition, the FRN Public Notice provided notice that Sainte was required to submit its FRN by March 18, 2005. Auction No. 81 applicants were warned that failure to submit the applicant's FRN by the March 18 deadline would result in the dismissal of their engineering proposal(s) and their ineligibility to participate in the auction. Sainte does not claim a lack of notice of the March 18 FRN submission deadline. In fact, the reconsideration petition appears to indicate that Sainte was aware of the deadline. Instead, Sainte states that it believed it was not required to submit its FRN."

'The FRN submission deadline was announced in a public notice released on February 28, 2005. See "Applicants for Low Power Television Construction Permits to be Awarded in Auction No. 81 Must Submit Supplemental Information by March 18, 2005," DA 05-505 (Feb. 28, 2005) (FRN Public Notice). The FRN Public Notice described the procedures and provided instructions for submission of the Auction No. 81 applicant's FRN. See also Low Power Television Auction No. 81 Scheduled for September 14, 2005; Auction No. 81 Applicants Must Provide Supplemental Information by March 18, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, Public Notice, DA 05-506 (Feb. 28, 2005).

2 Sainte Reconsideration Petition at 1.

In this regard, we note that a copy of the FRN Public Notice was sent via certified mail to Kathleen Victory at the address specified for her because Sainte had designated Kathleen Victory as its contact representative in its auction application (FCC Form 175). Postal records indicate that the FRN Public Notice was received on behalf of Kathleen Victory on March 5, 2005, and that the certified mail return receipt card was signed by M. Clark.

4 Sainte Reconsideration Petition at 1.

5 Sainte's justification for reconsideration and reinstatement is provided in three sentences. "Applicant understood this [February 28 public] notice to apply to applicants that had not yet filed using an FRN with the Commission. Because Applicant has filed numerous other applications with the Commission using its FRN, Applicant did not respond to this Public Notice. Likewise, Applicant had changed its counsel of record since the Applications were filed in 2000, therefore Applicant's current counsel did not receive a direct mailing from the Commission regarding the FRN filing requirement." Sainte Reconsideration Petition at 1-2.