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

In the Matter of                )
                                )
CITY OF SEATTLE, WASHINGTON     )  FCC File Nos. 9505714741,
                                )  9505714742, 9505714743
Request for Reconsideration of Secondary)
Status and Reinstatement of Primary Status for)
Station WIA988, Metaline Falls, Washington, )
Station WIA989, Metaline Falls, Washington, )
Station WIA990, Spokane, Washington )


                     ORDER ON RECONSIDERATION


   Adopted:  October 27, 1999           Released:  October 27, 1999

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


                         I.  INTRODUCTION

     1.  The City of Seattle, Washington, Light Department (Seattle) seeks reconsideration of the
action of the former Private Radio Bureau, Licensing Division, Microwave Branch according secondary
status to Station WIA988, Metaline Falls, Washington; Station WIA989, Metaline Falls, Washington;
and Station WIA990, Spokane, Washington, when the stations' licenses were re-issued after they had
expired.  The three stations, which operate in the fixed microwave service (FMS) in the 2 GHz band,
form a communications link between Seattle's power dispatch center and its Boundary Powerhouse, a
1000 megawatt generating station.  For the reasons set forth below, we find that Seattle's petitions for
reinstatement were untimely.  Accordingly, they were correctly treated as applications for new stations
and accorded secondary status.

                         II.  BACKGROUND

     2.  In 1992, the Commission reallocated portions of the 2 GHz band from FMS to emerging
technology services (ET), including the personal communications services.  In doing so, the
Commission adopted a plan 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 stated that it would 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 permitted 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 provided that incumbent FMS licensees could
make certain modifications and retain primary status for their facilities, and could make major extensions
or expansions to their systems and be accorded primary status for the new facilities if they made a
special showing of need to justify primary status.  Third, the Commission provided the ET licensees
with the option of requiring the FMS incumbents to relocate sooner and paying the additional costs
caused by the earlier relocation.  One practical effect of the Commission's transition plan 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.  Stations WIA988, WIA989, and WIA990 were originally authorized with primary status in
1980.  Due to an administrative oversight, Seattle failed to renew the licenses timely and the licenses
automatically expired on January 11, 1995.  Upon learning that the licenses had expired, Seattle
notified the Commission and received Special Temporary Authority to continue to operate the stations. 
On May 12, 1995, Seattle filed applications to reinstate the licenses for Stations WIA988, WIA989, and
WIA990.  On May 31, 1995, Seattle was issued new licenses which contained conditions making the
stations' operations secondary to future ET licensees.  On June 20, 1995, Seattle timely requested
reconsideration of the action imposing the conditions and asked that the stations be granted primary
status.

                         III.  DISCUSSION

     4.  Seattle's licenses for Stations WIA988, WIA989, and WIA990 expired on January 11, 1995
and Seattle did not file its applications for reinstatement until May 12, 1995.  We conclude that Seattle's
reinstatement applications, coming four months after the licenses expired, were not timely, and that
Seattle's applications therefore should have been treated as applications for new licenses.  New 2 GHz
FMS facilities are authorized only on a secondary basis to ET licensees.  We therefore conclude that a
secondary status condition was properly placed on Seattle's licenses.   

     5.   Seattle asks that it be accorded primary status so that if an ET licensee forces it to relocate its
stations to another band, it will have the cost of relocation paid by the ET licensee.  The Commission
has decided, however, that while incumbent FMS stations are eligible for having their relocation costs
paid, new FMS stations are not.  Because Seattle allowed its licenses to expire, its stations fall into the
latter category.  We therefore deny Seattle's petition for reconsideration.

                      IV.  ORDERING CLAUSES

     6.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 405 and Sections 1.10 and 101.69 of the
Commission's Rules, 47 C.F.R.  1.106, 101.69, the petition for reconsideration filed by the City of
Seattle, Washington on June 20, 1995, IS DENIED. 

     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