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

In the Matter of the Application of )
                                )
CAMERON TELEPHONE COMPANY       )  FCC File Nos. 9705023, 9705024 
                                )
for Modification of Fixed       )
Microwave Radio Station Licenses for)
Station WBA866, Winnie, Texas and)
Station WBA867, Highland, Texas )


                              ORDER 


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

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


                         I.  INTRODUCTION

     1.  Cameron Telephone Company (Cameron) requests a waiver of the Commission's Rules to
allow it to retain primary status for Station WBA866, Winnie, Texas, and Station WBA867, Highland,
Texas, upon the grant of its application to relocate Station WBA866 to a new site.  For the reasons set
forth below, we deny Cameron's request. 

                         II.  BACKGROUND

     2.  The Commission has reallocated portions of the 2 GHz band from fixed microwave services
(FMS) to emerging technology (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 existing 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.  Cameron operates FMS Stations WBA866 and WBA867 in the 2 GHz band.  Cameron states
that the path between the two stations carries interexchange traffic and parallels a fiber optic route. 
Cameron further states that the path provides necessary backup and reliability for essential long distance
telephone communications in an area where outages take on particular significance due to the rural
nature of the area.  As such, Cameron states that the path is necessary to continue to provide reliable
communication service to the public.  

     4.  On December 19, 1997, Cameron filed applications to modify the licenses for Station
WBA866 and WBA867 in order to relocate Station WBA866 approximately six miles.  In connection
with the application for Station WBA866, Cameron seeks a waiver of Section 101.81 of the
Commission's Rules which would otherwise authorize the modifications only on a secondary basis. 
Cameron states that it leased antenna space at the Winnie, Texas location from an unaffiliated site owner;
that the lease was expiring; and that the owner decided to dismantle the antenna structure.  Cameron
further states that Winnie, Texas is an area of rural Texas where few antenna structures exist, and that
there were no antenna sites within two seconds of Cameron's old site.  Cameron also indicates that the
proposed site, six miles away at Hamshire, Texas, is owned by an affiliate of cameron and is the most
economically feasible site within a reasonable distance of the existing site.  Cameron also states that it
will use essentially the same equipment at the new location and that, therefore, the cost to an ET licensee
of relocating Station WBA866 will not increase as a result of the move.

                         III.  DISCUSSION

     5.  Section 101.81 of the Commission's Rules provides that major modifications to existing FMS
systems will be authorized on a secondary basis to ET systems.  Cameron proposes a change of over
three minutes (six miles) in the location of Station WBA866, which is a major modification. 
Therefore, Cameron is correct that it needs a waiver of Section 101.81 of the Rules in order to retain
primary status for the station.  We may grant a request for waiver (a) when the underlying purpose of the
rule would not be served by application to the instant case and a 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.  

     6.  We recognize that the relocation is not of Cameron's own choosing but is caused by
circumstances beyond its control, i.e., the owner of its current tower has decided to dismantle the tower. 
We note, however, that Cameron has not represented that its proposed site at Hamshire, Texas is the
closest available tower or the only suitable site within a reasonable distance of its previous site at
Winnie, Texas.  We believe that this is a significant factor under the circumstances presented here given
that the proposed site is a substantial distance -- approximately six miles -- away from the licensed site,
with relocations of more than five seconds (approximately 500 to 550 feet) being considered major
modifications.  Without further information regarding the availability vel non of other towers in the
vicinity of Winnie (and other relevant information about any towers that might be available), we cannot
conclude that Cameron has no reasonable alternative to the Hamshire site, or that application of the rule
in this instance would be inequitable, unduly burdensome or contrary to the public interest.  While
Cameron argues that the move will not increase the relocation costs to be paid by an ET licensee, this
argument does not establish that application of the rule would not serve its underlying purpose.  The
Commission has decided that the effect on relocation costs is a factor only when licensees propose minor
modifications, not when they propose major modifications.

     7.  Cameron seeks a waiver only with respect to Station WBA866.  With respect to Station
WBA867, Cameron contends that pursuant to the Commission's Rules, it should retain primary status
because the proposed modifications are minor.  It further states that it needs primary status for the station
to continue to provide service to the public and the modifications will not add to the relocation costs of
ET licensees.  Cameron is incorrect when it states that the proposed modifications to Station WBA867
are minor.  Cameron seeks authorization to change the azimuth for the path from Station WBA867 to
Station WBA866 by eight degrees.  This is a major modification.  As stated above, under the
Commission's Rules, major modifications to 2 GHz stations are authorized on a secondary basis. 
Accordingly, the modified license for Station WBA867 also shall be issued on a secondary basis.  

                      IV.  ORDERING CLAUSES

     8.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) of the Communications
Act of 1934, as amended, 47 U.S.C.  154(i), and Sections 1.925, 1.945 and 101.69 of the Commission's
Rules, 47 C.F.R.  1.925, 1.945, 101.69, the Request for Waiver of Cameron Systems, Inc., filed on
December 19, 1997, IS DENIED and the modified licenses for Stations WBA866 and WBA867 will be
issued with secondary status.

     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