Federal Communications Commission 
Washington, D.C. 20554 
Ms. Jeanne W. Stockman 
Kurtisˇ& Associates, P.C. 
2000 M Street, N.W. 
Suite 600 
Washington, D.C. 20036 
Dear Ms. Stockman: 
DA 99-423 
Released March 3, 1999 
This letter responds to the "Emergency Petition for Waiver" ("Waiver Petition") that you filed 
on February 25, 1999 and amended by erratum on February 26, 1999, on behalf of your 
client, Tri-States PCS, Inc. ("Tri-States"). Tri-States requests permission to amend its short­
form application (FCC Form 175) for participation in Auction No. 22 to delete from its 
application spectrum returned to the Commission by Tri-States' affiliate DiGiPH PCS, Inc. 
("DiGiPH"). 1 Under the Commission's Rules,2 Tri-States is ineligible to bid for BTA B094 
and BTA B292 because DiGiPH disaggregated spectrum in those two markets during the 
Commission's C block restructuring process.3 
According to Tri-States, although it chose all markets in its FCC Form 175, it never intended 
to bid on or re-acquire spectrum returned to the Commission by DiGiPH. In its erratum to its 
Waiver Petition, Tri-States submitted a declaration by its President, Paul Brown to this effect. 
In addition, Brown stated that Tri-States was unaware that the Commission's Rules would be 
violated when Tri-States designated all markets on its application. 
Upon review of your pleading, we are persuaded that the grant of Tri-States' Waiver Petition 
DiGiPH disaggregated BTA B694 and B292. "Wireless Telecommunications Bureau Announces 
Broadband Personal Communications Services C Block Elections," Public Notice, DA 98-1168 (rel. June 16, 
1998), App. A, p. 5. 
47 C.F.R. § 24.709 (b)(9)(ii). 
3 Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, WT Docket No. 97-82, Second Report and Order and Further Notice 
of Proposed Rule Making, FCC 97-342, 12 FCC Red 16,436 (1997); Amendment of the Commission's Rules 
Regarding Installment Payment Financing For Personal Communications (PCS) Licensees, WT Docket No. 97-
82, Order on Reconsideration of the Second Report and Order, FCC 98-46, 13 FCC Red 8345 (1998); 
Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications 
Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, FCC 98-176, 13 FCC Red 15,743 
(1998). 
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is in the public interest and is consistent with the Commission's practice.4 Consequently; we 
will permit Tri-States to amend its FCC Form 175 to delete BTA B094 and BTA B292. This 
amendment will make Tri-States' short-form application accepted for filing. 
This action is taken under delegated authority pursuant to Section 0.331 of the Commission's 
Rules.5 
Sincerely, 
i-1'/I yJ,, L/l_ ~~ --/uv 
Am~ J. Zoslov 
Chief, Auctions and Industry Analysis Division 
Wireless Telecommunications Bureau 
4 See Letter to David J. Kaufman, Esq., Counsel for Antigone Communications Limited Partnership from 
Kathleen O'Brien Ham, Chief, Auctions and Division, Wireless Telecommunications Bureau, regarding 
Amendment to FCC Form 175 (Application to Participate In Broadband PCS Auction) (dat~d December 8, 
1995). See also Wait Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 
47 C.F.R. § 0.331. 
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