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



In the Matter of                   )
                              )
ONONDAGA COUNTY               )    FCC File Nos.  781795, 781796,
                              )              781797, 781798
Request for Reconsideration of Grant of )
Secondary Status and Reinstatement of        )
Primary Status for Stations WEH443,          )
WEH448, WNTN326 and WNTN402 in     )
Syracuse, New York                 )



                    ORDER ON RECONSIDERATION
                                
     Adopted:  August 18, 1999                    Released:  August 19, 1999

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

                        I.  INTRODUCTION

     1.  On January 11, 1996, the Onondaga County, New York, Department of Emergency
Communications (Onondaga County) requested that the former Private Radio Bureau, Licensing Division,
Microwave Branch (Microwave Branch) reconsider the imposition of a secondary status condition on the
authorization for fixed microwave service (FMS) Stations WNTN326, WNTN402, WEH443 and
WEH448, Syracuse, New York.  Onondaga County has operated a 2 GHz microwave system for over 10
years to support its fire, emergency medical service, and law enforcement radio systems.  For the reasons
set forth herein, we grant the request.

                        II.  BACKGROUND

     2.  On January 16, 1992, the Commission issued a Notice of Proposed Rule Making proposing to
reallocate portions of the 2 GHz band from FMS to emerging technology services (ET), 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, first, to preserve the
availability of the existing vacant 2 GHz spectrum, the Commission proposed to license all new facilities in
the 2 GHz band on a secondary basis.  Second, rather than immediately clearing the 2 GHz band of the
incumbent FMS users, the Commission proposed to permit the incumbents to continue to occupy the band
on a co-primary basis with the ET licensees for a significant length of time, by the end of which the
incumbents were to relocate to another portion of the spectrum.  The Commission also proposed to provide
the ET licensees with the option of requiring the FMS incumbents to relocate sooner if the ET licensee paid
the additional costs caused by the earlier relocation.  One practical effect of the Commission's proposal
was that incumbent FMS licensees that were authorized on a primary basis would have the costs of
relocating to other bands paid for by the new ET licensees if the ET licensees forced them to relocate.  On
the other hand, FMS licensees that were authorized on a secondary basis would be treated differently. 

     3.  On May 14, 1992, the Microwave Branch issued a Public Notice stating that while new
facilities would be licensed on a secondary basis, secondary status would not be accorded to modifications
of facilities licensed prior to January 16, 1992 (the date the ET NPRM was adopted).  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 February 21, 1992, Onondaga County filed applications to modify its 2 GHz microwave
system to incorporate a new public safety consolidated communications center into the network.  These
modifications consisted of the establishment of two new FMS facilities (Stations WNTN326 and
WNTN402) and corresponding changes to two existing facilities (Stations WEH443 and WEH448).  The
modification application for Station WEH443 requested a change in polarization and azimuth, while the
modification application for Station WEH448 requested a change in polarization, azimuth, and the
receiving station.  Effective May 8, 1992, the Microwave Branch issued new licenses for Stations
WNTN326 and WNTN402 and modified licenses for Stations WEH443 and WEH448 all of which
contained a secondary status condition.  Prior to this time, existing Stations WEH443 and WEH448 had
been authorized to operate on a primary basis. 

     5.  On January 11, 1996, Onondaga County requested reconsideration of the imposition of the
secondary status condition on Stations WNTN326, WNTN402, WEH443 and WEH448 and re-issuance of
these licenses on a primary basis.  Onondaga County stated that the modifications were made to
incorporate a new consolidated communications center into its network.  Onondaga County argued that it
met the 1992 requirements to remain a primary user because it was modifying a large existing microwave
network which supports critical public safety radio communications.  In addition, Onondaga County
stated that it intended to cooperate with any legitimate request for relocation of its 2 GHz microwave
frequencies.
                                
                        III.  DISCUSSION

     6.  Onondaga County's licenses were issued with a secondary status condition on May 8, 1992, but
Onondaga County did not seek reconsideration until January 11, 1996.  Ordinarily, licensees have only
thirty days to seek reconsideration of a condition placed on their licenses.  As we recently decided in
Contel Cellular of Nashville, Inc., however, in the case of the secondary status conditions placed on 2 GHz
FMS licenses, the language used did not provide sufficient notice to the affected licensees that their licenses
were subject to a condition.  Accordingly, for the reasons explained in Contel Cellular of Nashville, Inc.,
Onondaga County's request is properly considered on its merits.

     7.  Under the rules in effect at the time Onondaga County's applications were filed and granted,
secondary status was not applied to additional links 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 this
instance, Stations WNTN326 and WNTN402 were new facilities that were operationally connected to a
network system licensed prior to January 16, 1992.  In addition, the corresponding modifications to
existing Stations WEH443 and WEH448 were necessary to connect the new stations to Onondaga County's
network.

     8.  Furthermore, we find that Onondaga County has made a valid showing of its need for the new
facilities.  Onondaga County states that the new stations and the corresponding modifications were needed
to incorporate a new public safety communications center into its network that would support critical
public safety radio communications.  Specifically, the proposed microwave facilities would be utilized to
carry two-way radio traffic for police, fire, and emergency medical services.  In addition, the facilities
would include a new 911 Emergency Telephone System and an expanded Public Safety Microwave
System.  We therefore find that Onondaga County should not have been accorded secondary status for
Stations WNTN326, WNTN402, WEH443 and WEH448, and we will re-issue the licenses with primary
status.

                     IV.  ORDERING CLAUSES
                                
     9.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communications 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 Petition for Reconsideration of Onondaga County
filed on January 11, 1996, IS GRANTED and the licenses for Stations WNTN326, WNTN402, WEH443
and WEH448 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