********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

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 Applications of)
                                )
JACKSON ELECTRIC                )  FCC File Nos. 9508718936,
MEMBERSHIP CORPORATION          )  9508719092, 9508718982, 
                                )  9508718937
for New Point-to-Point Microwave Radio Service )
Stations WPJA478, Clermont, Georgia, and )
WPJA479, Norcross, Georgia, and for )
Modification of Facilities for  )
Stations WNES871, Gainesville, Georgia,  )
and WNTZ946, Buford, Georgia    )


                    ORDER ON RECONSIDERATION


   Adopted:  September 24, 1999         Released:  September 24, 1999

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


                         I.  INTRODUCTION

     1.  Jackson Electric Membership Corporation (Jackson) operates a fixed microwave service (FMS)
network as part of its internal communications network.  On October 25, 1995, Jackson filed a request for
reconsideration concerning the imposition of a secondary status condition on the new 2 GHz paths in its
network between Stations WPJA478, Clermont, Georgia, and WNES871, Gainesville, Georgia, and between
Stations WPJA479, Norcross, Georgia, and WNTZ946, Buford, Georgia.  For the reasons set forth below,
we deny Jackson's 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 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 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.  In August 1995, Jackson filed several applications for modification of its existing licenses and for
licenses for new stations in connection with its proposal to reconfigure its network.  Previously, Jackson had
operated a 2 GHz network in northern Georgia consisting of six stations.  Jackson proposed to convert its
existing 2 GHz paths to 6 GHz paths, to establish a new station that would be connected to its network via a
6 GHz path, and to use its 2 GHz equipment to establish new 2 GHz paths between the network and two other
new stations.  Jackson states that the reconfiguration was "totally mandated by the demands of [its] business
and was undertaken with tight budgetary restraints."

     5.  Jackson's license applications were granted on September 26, 1995, with the licenses for the new
stations effective as of October 17, 1995.  The licenses were granted with the condition that the 2 GHz paths
be operated on a secondary, non-interference basis.  On October 25, 1995, Jackson timely submitted a request
asking that the licenses be granted with primary status. 

                         III.  DISCUSSION

     6.  Under the rules in effect at the time Jackson's applications were granted, secondary status would
be accorded major extensions or expansions to 2 GHz systems licensed prior to January 16, 1992, unless the
incumbent licensee made a special showing of need to justify primary status.  Through the subject
applications, Jackson sought to connect two new stations to its network via 2 GHz paths, and also to connect
a new station to its network via a 6 GHz path.  We find that the addition of the two new 2 GHz facilities
constitutes a major expansion or extension of Jackson's network.  Therefore, to receive primary status for the
2 GHz paths at issue, Jackson was required to make a special showing of need to justify primary status.  We
conclude that Jackson failed to make a sufficient showing.  

     7.  In support of its request for primary status, Jackson states that it uses its network to meet its
internal communications needs and that the reconfiguration of the network was mandated by the demands of
its business and was undertaken with tight budgetary constraints.  Jackson does not, however, provide any
specifics regarding the purpose of its new stations.  Moreover, Jackson does not explain why it needs primary
status for the subject 2 GHz paths.  Rather, Jackson relies upon a statement in the Public Notice that ". . .
conditional secondary status should not be applied in certain situations where additional links may be required
to complete a communications network . . . ."  We nonetheless note that the Public Notice also stated that
secondary status would not be imposed where licensees made a valid showing of need.  Thus, the Public
Notice required more from licensees than a simple declarative statement that the stations were necessary to
complete the licensee's network.  We further note that the Public Notice was superseded by the ET First Report
and Order where, as stated above, the Commission required licensees to make a special showing of need to
justify primary status for major extensions to their networks.  Therefore, we conclude, based on the
information Jackson provided, Jackson has not made a sufficient showing of need to justify primary status for
the subject 2 GHz paths.  Accordingly, we find that the licenses were properly accorded secondary status and
deny Jackson's request for reconsideration. 

                      IV.  ORDERING CLAUSES

     8.  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 request for reconsideration of Jackson Electric Membership Corporation filed October 25,
1995, IS DENIED.

     9.  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