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


In the Matter of                )
                                )
LAKE HURON CELLULAR CORP.       )  File Nos.  9706247, 9706248
                                )
Request to Retain Primary Status for)
Stations WHD214, Caro, Michigan, and)
WHD216, Ubly, Michigan          )

                             ORDER


     Adopted:  October 21, 1999         Released:  October 21, 1999

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

                        I.  INTRODUCTION

     1.  Lake Huron Cellular Corp. (Lake Huron) in connection with its application for authorization to
modify the facilities for Stations WHD214, Caro, Michigan, and WHD216, Ubly, Michigan, requests
waiver of Section 101.81 of the Commission's Rules that would otherwise require the stations to be
authorized on a secondary basis to emerging technology (ET) systems.  For the reasons set forth herein, we
deny Lake Huron's request.

                        II.  BACKGROUND

     2.  The Commission has reallocated portions of the 2 GHz band from fixed microwave services
(FMS) to ET services, including the personal communications services.  To this end, the Commission has
adopted certain transition rules.  First, rather than immediately clearing the 2 GHz band of the incumbent
FMS users, the Commission permits 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 are to relocate to
another portion of the spectrum.  ET licensees have the option, however, of requiring the FMS incumbents
to relocate sooner if they pay the additional costs caused by the earlier relocation.  Second, the
Commission is authorizing new FMS stations and most modifications of FMS stations only on a secondary
basis to ET systems.  One practical effect of these rules is that incumbent FMS licensees that are
authorized on a primary basis will have the costs of relocating to other bands paid for by the new ET
licensees if the ET licensees force them to relocate.  On the other hand, ET licensees are under no
obligation to pay to relocate 2 GHz links that are authorized on a secondary basis.  

     3.  On April 15, 1998, Lake Huron filed two applications for authorization to modify the facilities
for Stations WHD214 and WHD216.  Lake Huron proposes to change the stations' transmitter equipment,
emission designator, and channel loading capability.  In addition, Lake Huron indicates that the change in
emission designator will increase the bandwidth of the stations.  In connection with the applications, Lake
Huron seeks a waiver of Section 101.81 of the Commission's Rules, which provides that all major
modifications to existing FMS facilities in the 2 GHz band will be authorized on a secondary basis to ET
systems.

                        III.  DISCUSSION

     4.  Lake Huron's proposed change in emission designator, which would increase the bandwidth of
the stations, is a major modification under the Commission's Rules.  We may grant a waiver of a rule (a)
when the underlying purpose of the rule would not be served by application to the instant case and a grant
of the waiver is in the public interest, or (b) when in view of the unique or unusual circumstances of the
case, application of the rule would be inequitable, unduly burdensome or contrary to the public interest, or
the applicant has no reasonable alternative.  Based on the record established in this proceeding, we
conclude that Lake Huron has failed to demonstrate that waiver of Section 101.81 of the Commission's
Rules is warranted.

     5.  In its application, Lake Huron argues that the proposed modifications to Stations WHD214 and
WHD216 meet the criteria for retaining primary status under Section 101.81 of the Commission's Rules
and a 1992 Public Notice issued by the Microwave Branch of the former Private Radio Bureau titled "Two
Gigahertz Fixed Microwave Licensing Policy."  The Public Notice stated that modifications made to
stations licensed before January 16, 1992, would not be accorded secondary status.  Lake Huron argues
that a waiver is justified because the proposed modifications would be made to a 2 GHz system existing
prior to January 16, 1992.  Lake Huron also states that despite the fact that the proposed changes are
considered major modifications, the modifications will not add to the microwave relocation costs borne by
an ET licensee that may eventually relocate the subject microwave paths.  Finally, Lake Huron argues
that the subject modifications are proposed in order to increase capacity of the existing system, and are,
therefore, operationally related to an existing system.

     6.  The licensing policy announced in the Public Notice upon which Lake Huron relies was
explicitly superseded by the Commission when it adopted the current rules set forth in Section 101.81 of
the Commission's Rules.  Therefore, we don't believe that such policy provides a sufficient basis for
waiving the current rules.  The fact that Lake Huron might have been accorded primary status under the
policy in effect until 1996 but is not accorded primary status under the current policy supports the
conclusion that applying the rule to the subject applications serves the underlying purpose of Section
101.81 of the Commission's Rules.  

     7.  Furthermore, we find that Lake Huron has presented no evidence or argument that the
underlying purpose of Section 101.81 of the Rules would not be served by application in this case or that
there are any unique or unusual circumstances present here that would make application of the rule
inequitable, unduly burdensome or contrary to the public interest.  In fact, Lake Huron's applications for
modification of its facilities, which proposes to change the transmitter equipment, emission designator, and
the channel loading capability, do not appear unique or unusual.
  
                     IV.  ORDERING CLAUSES

     8.  Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C.  154(i), and Sections 1.925 and 101.69 of the Commission's Rules, 47
C.F.R.  1.925, 101.69, the request for a waiver filed by Lake Huron Cellular Corp. on April 15, 1998, is
DENIED and the applications for authorization to modify the facilities for Stations WHD214 and
WHD216 will be granted on a secondary basis.

     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