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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application ) ) TEXAS GAS TRANSMISSION CORP. ) File No. 747157 ) Petition to Reconsider Request ) to Modify Multiple Address System ) Authorization and Request for Special ) Temporary Authority for Station WNTT 648 ) ORDER ON RECONSIDERATION Adopted: February 18, 1999 Released: February 26, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On February 10, 1999, Texas Gas Transmission Corporation, (Texas Gas), filed a petition for reconsideration (Petition) of a decision by the Licensing and Technical Analysis Branch (Branch) of the Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, denying requests for special temporary authority and waiver of the Commission's suspension on accepting applications that modify a Multiple Address System (MAS) authorization in the 928/959 MHz frequency band. The Branch denied Texas Gas' special temporary authority (STA) and waiver requests due to a Commission- imposed suspension of the acceptance of MAS applications for new licenses, amendments, or modification of licenses in the 928/959 MHz frequency band. For the reasons discussed herein, we grant the Texas Gas petition for reconsideration. II. BACKGROUND 2. On February 19, 1997, the Commission adopted a Notice of Proposed Rulemaking (Notice) in WT Docket No. 97-81, seeking public comment on proposals designed to streamline licensing procedures for, and to increase the technical and operational flexibility of, MAS licenses. In the Notice, the Commission also temporarily suspended acceptance of MAS applications for new licenses, amendments, or major modifications in the 928/959 MHz and 932/941 MHz bands, and applications in the 928/952/956 MHz band for the provision of subscriber-based services. The Notice stated that any such applications received on or after February 19, 1997, the date of adoption of the Notice, would be returned as unacceptable for filing. 3. Texas Gas operates more than 30 MAS facilities along a long-distance, high-pressure natural gas pipeline that transports gas produced in Southern Louisiana and the Gulf of Mexico for ultimate delivery to various users in the Midwest. Through its MAS operations, Texas Gas acquires gas pressure, temperature, flow data, valve status and billing information at its electronic gas measurement facilities. The tower supporting the master transmitter for one of Texas Gas' MAS facilities, Station WNTT 648, is scheduled for demolition in mid-February. As a direct result of and in anticipation of this event, Texas Gas acquired a new site to construct a tower to mount the master transmitter, located approximately 2.2 miles from the current site. The relocation is deemed a major modification under Section 1.929 of the Commission's Rules. Thus to effectuate relocation of Station WNTT 648's master transmitter to the new site, Texas Gas needed to request to waive the Commission-imposed "filing freeze" for major modifications to stations in the 928/959 MHz frequency band. Texas Gas submitted a request for STA under cover of a letter from Keller and Heckman dated December 28, 1998. In addition, under cover of a letter from Keller and Heckman dated December 29, 1998, Texas Gas submitted an application to modify its license for Station WNTT 648 and a request for a waiver of the MAS application "filing freeze." 4. On January 20, 1999, the Branch denied Texas Gas' STA and waiver requests on the grounds that the waiver request did not provide sufficient justification for the Branch to "favorably act." On February 10, 1999, Texas Gas petitioned for a reconsideration of the Branch's decision. III. DISCUSSION A. Special Temporary Authority 5. Texas Gas submitted a request for special temporary authority to the Commission dated December 22, 1998 to operate the relocated multiple address system in the vicinity of Amelia, Louisiana for a period of 180 days. Section 1.931 of the Commission's Rules states that a special temporary authorization may be granted in emergency situations. Texas Gas states that denial of this authorization will hamper its ability to safely and efficiently operate its gas measurement facilities and pipeline system. We find that the circumstances surrounding this request create an emergency situation requiring the immediate use of the relocated facilities near Amelia, Louisiana to ensure the continued safe and efficient use of its pipeline. Therefore, we conclude that granting this request for special temporary authority would be in the public interest. B. Waiver Request 6. Sections 101.23 and 1.925 of the Commission's Rules, provide that a waiver will not be permitted except upon an affirmative showing that either: (a) the underlying purpose of the rule will not be served in a particular situation and that granting the waiver request is in the public interest; or (b) that the "unique facts or unusual factual circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest." Applicants requesting a rule waiver must also demonstrate lack of a reasonable alternative. Furthermore, an applicant seeking waiver of a Commission rule "must plead with particularity the facts and circumstances which warrant such action." 7. We find that Texas Gas has fulfilled the requirements of Sections 101.23 and 1.925 by specifically demonstrating that its unusual factual circumstances warrant the grant of a waiver of the MAS application "filing freeze." In its waiver request, Texas Gas asserts that its need to relocate its master transmitter for Station WNTT 648 is caused by circumstances beyond its control. Texas Gas also states that but for the demolition of the tower supporting the transmitter, it would not "otherwise incur the expenses associated with purchasing land, erecting a tower and moving its facilities." Texas Gas further asserts, in both its waiver request and Petition, that the immediate relocation of the master transmitter for Station WNTT 648 is essential to avoid interruption in the telecommunications necessary to support the operation of its pipeline. 8. Additionally, Texas Gas has demonstrated that it lacks a reasonable alternative in accordance with Section 1.925. Texas Gas indicates that on February 19, 1997, the Commission suspended acceptance of all MAS applications for new licenses, amendments and modifications for the 928/959 MHz band, except applications for minor modifications. Because Texas Gas' proposed modifications are in excess of that permitted by Section 1.929, the modifications would be deemed major, thus leaving no other alternative within the Commission's Rules. In its Petition, Texas Gas asserts that "there is no opportunity to further license the 959 MHz channel in the vicinity or proposed new site" and that it had to acquire amended Short Space Agreements from licensees of facilities located both north and south of the new site. Texas Gas also indicates that there are no alternative 928/952 frequency pairs that can be licensed at its proposed new site. 9. Based on our review of Texas Gas' waiver request, we find that Texas Gas has demonstrated that its circumstances are unique and involuntary, such that a waiver of the Commission's "filing freeze" for applications to modify authorizations in the 928/959 MAS frequency band is warranted. In this connection, we believe that the denial of a waiver in this instance would not be in the public interest and would unduly burden Texas Gas' current operations by disrupting the telecommunications support that ensures the safe and efficient operation of a system which provides essential services to the public. Furthermore, we find that Texas Gas has sufficiently explored potential alternatives to its situation before submitting a waiver request to the Commission. IV. ORDERING CLAUSE 10. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405 and Section 1.106 of the Commission's Rules, 47 C.F.R.  1.106, the Petition for Reconsideration filed by Texas Gas Transmission Corporation on February 10, 1999 IS GRANTED. 11. IT IS FURTHER ORDERED that, pursuant to Section 1.931 of the Commission's Rules, 47 C.F.R.  1.931, the request for Special Temporary Authority filed by Texas Gas Transmission Corporation on December 30, 1998 IS GRANTED. 12. IT IS FURTHER ORDERED that, pursuant to Sections 101.23, 1.925 and 1.915 of the Commission's Rules, 47 C.F.R.  101.23, 1.925, 1.915, the waiver request of the Commission's suspension on accepting applications that modify a Multiple Address System (MAS) authorization in the 928/959 MHz frequency band, WT Docket No. 97-81, and application to modify authorization for Station WNTT 648 filed by Texas Gas Transmission Corporation on December 30, 1998 ARE GRANTED. 13. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.  0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau j:\sblake\mas.tx cc: S. Blakeney J. Borkowski