April 23, 1997 Mr. James Hillyard Alaskan Choice Television, L.L.C. 8287 Top of the World Drive Salt Lake City, Utah 84121 Re: Alaskan Choice Television, L.L.C.'s Petition for Waiver of the Upfront Payment Deadline Dear Mr. Hillyard: On April 16, 1997, you filed a request on behalf of Alaskan Choice Television, L.L.C. ("Alaskan Choice") seeking permission to increase Alaskan Choice's upfront payment for the Wireless Communications Service ("WCS") auction. Specifically, you asked that the Commission permit Alaskan Choice to submit additional monies after the expiration of the April 4, 1997, upfront payment deadline, and after the April 15, 1997, start of the WCS auction. After reviewing the facts and legal arguments presented in your filing, I am denying this request. The Commission has repeatedly emphasized that it is incumbent upon auction applicants to remain cognizant of important auction-related filing requirements and appropriate deadlines. As I indicated in my April 15, 1997, telephone conversation with Stephen Merrill of your staff, the Commission's auction software must be programmed prior to the start of an auction to take into account each bidder's eligibility, which is determined by the amount of its upfront payment. Were I to grant your request, which was made eleven days after the deadline for submission of upfront payments, and more importantly, after the WCS auction had commenced, the harm to other auction participants could be substantial. There is also no precedent for granting a waiver of the upfront payment deadline, and I do not believe it is in the public interest to do so in this case. Therefore, your request IS HEREBY DENIED. Sincerely, Kathleen O'Brien Ham Chief, Auctions Division Wireless Telecommunications Bureau