Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) OCOM CORPORATION ) FCC File Nos. 9508046, 9508047, 9508048 ) Point-to-Point Microwave Radio Service) Application for New Station WPJA712,) Russellville, Ohio and ) Applications to Modify Stations WMS819, ) Mt. Orab, Ohio and WMT651, West Union, Ohio) ORDER ON RECONSIDERATION Adopted: May 19, 1999 Released: May 20, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On October 13, 1995, OCOM Corporation (OCOM) filed a Petition for Clarification or Reconsideration requesting either confirmation that Stations WPJA712, WMS819 and WMT651 have primary status or reconsideration of the action imposing secondary status on those stations. OCOM operates a common-carrier point-to-point fixed microwave service (FMS) network in Ohio and surrounding regions. It provides interexchange telecommunications service and private line microwave transmission service for cellular site-to-site and site-to-switch transmissions to unaffiliated carriers, particularly cellular carriers. For the reasons set forth below, we grant OCOM's Petition for Reconsideration. II. BACKGROUND 2. On January 16, 1992, the Commission issued a Notice of Proposed Rule Making (NPRM) proposing to reallocate portions of the 2 GHz band from FMS to emerging technology services, including the personal communications services (PCS). Part of that plan involves discouraging the construction of new FMS facilities in the 2 GHz bands while at the same time allowing the use of the spectrum until the PCS licensees are in a position to use it. Accordingly, the Commission proposed that all new facilities in the 2 GHz band be licensed on a secondary basis only, as of the date of the NPRM. 3. On May 14, 1992, the Microwave Branch, Licensing Division of the former Private Radio Bureau issued a Public Notice stating that while new facilities would be licensed on a secondary basis, secondary status would not be accorded to stations that made certain minor or technical modifications of facilities licensed prior to January 16, 1992. Secondary status also would not be accorded in situations where additional links would be required to complete a communications network or where new facilities and/or frequencies were operationally connected to a network system licensed prior to January 16, 1992, when the applicant made a valid showing of its need for the new facilities. In a First Report and Order and Third Notice of Proposed Rule Making, released October 16, 1992, the Commission affirmed this approach. The Commission stated that existing 2 GHz facilities could make certain modifications and minor extensions and retain primary status, but that major extensions or expansions would result in a station receiving secondary status unless a special showing of need was made to justify primary status. 4. On July 24, 1995, OCOM filed three applications proposing to add one new station to and modify two other stations in its existing network. Previously, OCOM had operated stations at Mt. Orab, Ohio and West Union, Ohio, with a microwave path between them. OCOM sought to add a new station at Russellville, Ohio, approximately half way between the two existing stations; cancel the path between Mt. Orab and West Union; and add new paths between Russellville and the two existing stations. OCOM's application stated that the proposed modifications would enable OCOM to provide improved service and facilitate the carriage of calls between its customers' cell sites, and that the proposed modifications were crucial to the efficient provision of OCOM's services. OCOM stated that the addition of the path would be operationally connected to an existing 2 GHz communications network. Accordingly, OCOM stated that it believed that, pursuant to the Microwave Branch's Public Notice, the proposed facilities should be licensed on a primary basis, not subject to secondary licensing conditions. 5. OCOM was issued its licenses on September 11, 1995. The three licenses contained the following language: This authorization for any facilities authorized for frequency between 1850 to 2200 MHz is subject to the rules, procedures, and policies imposed by the Commission in ET Docket No. 92-9, including the operation of a facility at 1850 to 2200 MHz on a secondary, non- interference basis. 6. On October 13, 1995, OCOM timely filed a Petition for Clarification or Reconsideration, seeking clarification that its licenses did not have secondary status or, if they did, seeking reconsideration of that ruling. III. DISCUSSION 7. As we recently held in Contel Cellular of Nashville, Inc., the purpose of the above-quoted language was to place a condition on OCOM's licenses that they were to be operated on a secondary basis. Accordingly, OCOM's Petition for Clarification that the subject licenses did not have secondary status is denied. 8. We nonetheless find that the licenses should have been granted primary status and issued without the condition. OCOM's new facility and new paths were to be operationally connected to an existing FMS system and did not represent a major extension of that system. OCOM's system existed for several years prior to January 16, 1992. OCOM's system consists of over 150 stations in Ohio. We conclude that the addition of one station, approximately half way between two existing stations and less than 5 miles off of a straight line between those two stations does not represent a major extension of that system. Moreover, we find that OCOM made a sufficient showing in the OCOM Applications of its need for the facilities, stating that the modifications would enable OCOM to provide improved service and facilitate the carriage of calls between its customers' cell sites, and that the modifications were crucial to the efficient provision of OCOM's services. We believe that realization of these operational plans furthers the public interest. Thus, we conclude that grant of OCOM's petition for reconsideration is warranted. IV. ORDERING CLAUSES 9. ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i), 303(r) and 405 of the Communications Act of 1934, 47 U.S.C.  154(i), 303(r) and 405, and Sections 1.106 and 101.69 of the Commission's Rules, 47 C.F.R.  1.106 and 101.69, the Petition for Clarification or Reconsideration of OCOM Corporation IS DENIED IN PART AND GRANTED IN PART and the licenses will be re-issued with primary status. 10. 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