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

                                )
                                )
In the Matter of                )
                                )
YOUNGSTOWN/WARREN               )  FCC File Nos.  9700845, 9700852, 
MSA LIMITED PARTNERSHIP         )            9700847, 9700857
                                )
                                )
Request for Reconsideration of Grant of )
Secondary Status for Stations WLM623, )
Brookfield, Ohio; WLC414, Warren, Ohio;)
WLM662, Mercer, Pennsylvania;   )
WLM661, Sharon, Pennsylvania    )


                    ORDER ON RECONSIDERATION


   Adopted:  October 28, 1999           Released:  October 29, 1999

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

     1.  Introduction.  Youngstown/Warren MSA Limited Partnership (Youngstown/Warren) requests
reconsideration of the secondary status condition placed on the authorizations for fixed microwave service
(FMS) Stations WLM623, Brookfield, Ohio; WLC414, Warren, Ohio; WLM662, Mercer, Pennsylvania; and
WLM661, Sharon, Pennsylvania.  For the reasons set forth herein, we grant this petition for reconsideration.

     2.  Background.  The Commission has reallocated portions of the 2 GHz band from FMS to emerging
technology (ET) Services.  To facilitate the transition from FMS to ET, the Commission promulgated
regulations regarding the future licensing of FMS stations in the 2 GHz band.  According to the
Commission's Rules, new stations, extensions of existing networks and major modifications of existing
stations will be licensed on a secondary basis.  Primary status will be granted for a limited number of minor
modifications.  All other minor modifications will render the modified FMS license secondary to ET
systems unless the FMS licensee justifies primary status and the modification does not add to the relocation
costs to be paid by the new ET licensees.  

     3.  On January 16, 1997, Youngstown/Warren filed an application for authorization to modify the
facilities for Stations WLM623, WLC414, WLM622 and WLM661.  Youngstown/Warren sought to
increase the antenna structure height from 78.3 meters to 86 meters at the Warren station, increase the
antenna structure height from 79.6 meters to 81.4 meters and correct the station coordinates and ground
elevation at the Mercer Station, and make corresponding changes to the record data for the Brookfield and
Sharon stations.  Effective March 7, 1997, the Commission issued modified authorizations for each station,
with a secondary condition on each license.  Prior to this time, the stations were authorized on a primary
basis.

     4.  Decision.  Youngstown/Warren argues that the changes it seeks to make are technical changes
that fall within Section 101.81 of the Commission's Rules.  With regard to the changes in antenna structure
height, we note that minor changes (increases or decreases) in antenna structure height are among the
changes that Section 101.81 provides will not result in secondary status for incumbent FMS licensees.  The
rule does not specify what changes in antenna structure height are "minor."  We agree with
Youngstown/Warren that the proposed changes in structure height to the Warren and Mercer stations are
among the types of changes that should not result in secondary status.  We therefore find that
Youngstown/Warren should not have been accorded secondary status based on a change in antenna structure
height for the Warren and Mercer stations.  Thus, we will re-issue the license for the Warren station with
primary status.  

     5.  With respect to the Mercer station, Youngstown/Warren also sought to correct the ground
elevation, without changing the center line antenna height, and the station coordinates at the Mercer station. 
Section 101.81(d) specifically allows for data corrections that do not involve a change in the location of an
existing facility.  Because the data corrections sought were within the technical changes permitted by the
Commission's Rules, we find that Youngstown/Warren should not have been accorded secondary status for
the Mercer station, and we will re-issue the license with primary status.

     6.  The Brookfield and Sharon stations are transmit and receive stations for the Warren and Mercer
stations.  As a result, Youngstown/Warren sought to correct the records for the changes proposed at the
Warren and Mercer stations on the Brookfield and Sharon applications for modification.  Because no
changes occurred at these stations and the changes sought at the Warren and Mercer stations were technical
changes permitted under the Commission's Rules, the licenses for the Brookfield and Sharon stations should
not have been accorded secondary status, and we will re-issue the licenses with primary status.

     7.  ACCORDINGLY, IT IS ORDERED that pursuant to Sections 4(i) and 405 of the
Communications Act of 1934, 47 C.F.R.  154(i), 405, and Sections 1.106 and 101.81 of the Commission's
Rules, 47 C.F.R.  1.106, 101.81, the Petition for Reconsideration of Youngstown/Warren filed on April
2, 1997 IS GRANTED and the license for Stations WLM623, WLC414, WLM661 and WLM662 will be re-
issued with primary status.

     8.  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