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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )
                               )
GTE MOBILNET OF THE SOUTHWEST, INC.     )         FCC File No. 9210694  
                               )
Petition for Reconsideration of Grant of     )
Secondary Status for Station WLB848,    )
El Paso, Texas                     )
                                 


                    ORDER ON RECONSIDERATION


   Adopted:  July 21, 1999              Released:  July 22, 1999

By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau:

                        I.  INTRODUCTION

     1.  In this Order, we grant the request of GTE Mobilnet of the Southwest Inc. (GTE Mobilnet) seeking
reversal of the action by the Division's Licensing and Technical Analysis Branch (Branch) granting the above-
referenced 2 GHz fixed microwave service (FMS) license on a secondary basis.  For the reasons discussed
below, we will re-issue this license with primary status.

                        II.  BACKGROUND

     2.  On January 16, 1992, the Commission proposed to reallocate portions of the 2 GHz band from
FMS to emerging telecommunications technology (ET) services, including the personal communications
services.  The Commission stated that it intended to reaccommodate the FMS licensees in a manner that would
be most advantageous for the incumbent users, least disruptive to the public and most conducive to the
introduction of new services.  Accordingly, to preserve the availability of the existing vacant 2 GHz spectrum,
the Commission proposed that applications for new 2 GHz facilities submitted after January 16, 1992, would
be licensed on a secondary basis only.  In a First Report and Order and Third Notice of Proposed Rule
Making, issued October 16, 1992, the Commission refined its 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.

     3.  On December 23, 1991, GTE Mobilnet filed an application to modify its license for Station
WLB848 located in El Paso, Texas.  In the application, it requested that a new 2 GHz path be added to the
station.  On March 19, 1992, this application to modify Station WLB848 was granted with secondary status. 
On January 24, 1996, GTE Mobilnet requested that the license for Station WLB848 be re-issued with primary
status.

                        III.  DISCUSSION

     4.  As indicated, GTE Mobilnet's license for Station WLB848 was issued with a secondary status
condition on March 19, 1992.  GTE Mobilnet filed its request that the license be re-issued, which we will treat
as a petition for reconsideration, on January 24, 1996.  Ordinarily, licensees have only thirty days to seek
reconsideration of a condition placed on their license.  But as we decided in Contel Cellular of Nashville, Inc.,
in the case of secondary status conditions placed on the 2 GHz FMS licenses, the language used did not provide
sufficient notice to the affected licensees that their licenses were subject to a condition.  Therefore, for the
reasons explained in Contel Cellular of Nashville, Inc., GTE Mobilnet's request is properly considered timely
and will be addressed on its merits.

     5.  Under the rules in effect at the time GTE Mobilnet's modification application was granted, a
condition of secondary status was warranted on a license for a 2 GHz FMS station only if the application for
that license was submitted after January 16, 1992.  GTE Mobilnet's application to modify the license for
Station WLB848 was submitted before that date.  Therefore, we find that Station WLB848 should have
retained primary status when the modification application was ultimately granted.  Accordingly, we will grant
GTE Mobilnet's request for reconsideration and re-issue the license for Station WLB848 with primary status.

                     IV.  ORDERING CLAUSES

     6.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communication's Act of 1934, 47 U.S.C.  154(i), 405, and Sections 1.106 and 101.69 of the Commission's
Rules, 47 C.F.R.  1.106, 101.69, the January 24, 1996 request submitted by of GTE Mobilnet of the
Southwest, Inc. IS GRANTED and the license for Station WLB848 will be re-issued with primary status.

     7.  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