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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 ) ) MOBIL OIL TELECOM LTD. ) File No. 730428 ) Application for Modification of Station ) WNEK 771 to Operate a Multiple Address) System at Hugoton, Kansas in the ) 928/959.90625 MHz Bands ) ORDER Adopted: March 16, 1998 Released: March 16, 1998 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. Mobil Oil Telecom Ltd. (Mobil) has filed a petition for reconsideration of a decision by the Licensing and Technical Analysis Branch (Branch), Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, dismissing Mobil's above-captioned application for modification of its existing authorization for Multiple Address System (MAS) Station WNEK 771 in Hugoton, Kansas. Mobil sought authority to use an additional 12.5 kHz MAS frequency pair in the 928/959.90625 MHz bands. Due to a discrepancy between information provided on Mobil's initial application form and information included in the engineering analysis prepared by Comsearch, which was part of the original application, the Branch returned Mobil's application. Subsequently, Mobil resubmitted its application, resolving the discrepancy. Mobil's resubmission was dismissed by the Branch pursuant to a Commission- imposed suspension of the acceptance of amendments to applications for modifications for the 928/959 MHz bands. For the reasons discussed below, we conclude that the amendments made by Mobil to its application were corrections and, thus, did not constitute major amendments. Consequently, we grant Mobil's petition for reconsideration and reinstate its application nunc pro tunc. II. BACKG ROUND 2. Mobil is currently authorized to operate Station WNEK 771 on one 25 kHz MAS frequency pair and one 12.5 kHz MAS frequency pair. On October 15, 1996, Mobil filed an application for modification of the license for Station WNEK 771, seeking authority to utilize an additional 12.5 kHz MAS frequency pair in the 928/959.90625 MHz bands. 3. Mobil states that Station WNEK 771 provides supervisory control and data acquisition (SCADA) capability for Mobil's Kansas Area Electronic Gas Measurement System (EGM). This station is used to remotely monitor and operate approximately 500 gas wells located within about 30 miles of the master transmitter site. According to Mobil, in order to operate these wells in a manner that protects both the environment and the actual well production plant and associated gas gathering system, Mobil's field management must have reliable and current data for each well with respect to a number of important operation parameters, including (1) valve control settings; (2) gas flow rates; (3) gas volumes; (4) pressure differentials; (5) meter pressure; and (6) temperature. To obtain the most current data, the master transmitter for Station WNEK 771 polls each remote terminal unit (RTU) every fifteen minutes. 4. Over the past several years, the total number of gas wells monitored and controlled by Station WNEK 771 has increased by about 50 wells annually, and Mobil expects this growth rate to continue. However, in its petition, Mobil states that additional RTUs cannot be served by the existing frequency pairs without extending the duration of the system's polling cycle. According to Mobil, such an increase would negatively impact the effectiveness of the EGM system, thereby imperiling the environment, the lives and safety of Mobil's personnel, and its plant investment. Therefore, an additional frequency pair is needed in order to maintain the system's current performance level. 5. On February 19, 1997, the Commission adopted a Notice of Proposed Rule Making in WT Docket No. 97-81, seeking public comment on proposals designed to streamline MAS licensing procedures and increase the technical and operational flexibility of MAS licensees. In the Notice, the Commission also temporarily suspended acceptance of MAS applications for new licenses, amendments, or modifications in the 928/959 and 932/941 MHz bands, and applications in the 928/952/956 MHz bands for the provision of subscriber-based services. The Notice stated that any such applications received on or after February 19, 1997, would be returned as unacceptable for filing. The Commission noted, however, that it would continue to process all MAS applications for minor modifications, amendments to applications for minor modifications, license assignments, or transfers of control. The Commission also stated that it would continue to process applications for new licenses, amendments, or non-minor modifications filed prior to February 19, 1997, and pending as of the date the suspension took effect, provided that they were not mutually exclusive with other applications as of February 19, 1997, and the deadline for filing competing applications had expired as of the date the suspension took effect. 6. On February 20, 1997, Mobil filed a request for Special Temporary Authority (STA) to operate Station WNEK 771 in accordance with its pending modification application. Effective March 25, 1997, Mobil was granted the STA until September 25, 1997. Mobil began operating on the new channel pair immediately upon grant of the STA. 7. On June 4, 1997, the Commission returned Mobil's modification application due to a discrepancy between information provided on the application form and information provided in the attached engineering analysis prepared by Comsearch. Under the Commission's Rules, Mobil was permitted to correct the discrepancies and to resubmit its application within 60 days. Mobil resubmitted its application, with the corrected engineering analysis, on July 3, 1997. 8. Mobil's resubmitted application for modification of Station WNEK 771 was placed on Public Notice as acceptable for filing on July 15, 1997. On August 4, 1997, the Branch dismissed Mobil's application, pursuant to Section 1.958 of the Commission's Rules. In its dismissal letter, the Branch indicated that the application was defective because Mobil requested frequencies in the 928/959 MHz MAS bands and later amended its application, after February 18, 1997 -- the last day before the suspension took effect. The Branch found that the changes proposed by Mobil were major and, therefore, its application was subject to the Commission-imposed suspension. On September 2, 1997, Mobil petitioned for reconsideration of that decision. 9. On September 23, 1997, Mobil submitted a request for an extension of its STA. Grant of this request would have extended Mobil's STA for an additional 180 days. However, on October 8, 1997, the Branch denied Mobil's request for continued STA. In its October 8, 1997, letter denying Mobil's STA extension request, the Branch stated that an STA to allow Mobil's MAS operation to continue would not be issued unless its original application for modification of Station WNEK 771 was reinstated. 10. On November 7, 1997, at the request of the Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, Comsearch submitted a letter confirming that the changes made to Mobil's initial modification application have no impact on the frequency analysis. On November 13, 1997, again at the request of the Policy and Rules Branch, Mobil submitted a supplement to its petition for reconsideration. In the supplement, Mobil discussed the likely impact of a denial of its petition and Mobil's anticipated MAS needs. III. DISCUSSION 11. We conclude that because Mobil's modification application was filed before the Commission- imposed suspension took effect, Mobil's application is not subject to the suspension unless the amendments to correct the ground elevation and center line height figures reflected on the engineering analysis were major amendments. As an initial matter, we note that, in analyzing Mobil's application, the Branch realized that mistakes concerning the correct ground and centerline elevations had been made. When the Branch returned the application to Mobil, the Branch specifically requested that Mobil provide revised information, "based on the correct ground elevation above mean sea level and height to center of final radiating element." Therefore, Mobil was merely correcting data when it resubmitted its application and not proposing a major modification. Moreover, the study prepared for Mobil by Comsearch demonstrates to our satisfaction that correction of the elevation error will not result in new or increased frequency conflicts. Finally, we note that the ground elevation of a given site is not a parameter subject to significant change, much less a change of 3,024 feet. 12. Under our rules, amendments merely correcting typographical, transcription, or similar clerical errors, which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts, are not treated as newly-filed applications. Based on the June 4, 1997, Application Return Notice, we conclude that Mobil's amendment constituted only a correction of erroneous data in its original application rather than a major amendment. We also are persuaded by the record in this proceeding that correction of the erroneous information did not result in new or increased frequency conflicts. We also note that Mobil timely-filed its resubmission application. Therefore, we conclude that Mobil has met our criteria for acceptance of corrective amendments. We further conclude that Mobil's application should not have been subject to the suspension on acceptance of applications and, thus, should not have been dismissed. IV. CONCLUSION 13. We find that, under the facts presented, Mobil's application for the additional frequency pair is not subject to the Commission-imposed suspension and, therefore, should not have been dismissed. The amendments to Mobil's application are more properly characterized as corrections made, at the Branch's request, when it identified clerical errors in Mobil's application. Further, the discovery of these mistakes does not create any new or increased frequency conflicts. We, therefore, grant Mobil's petition for reconsideration and reinstate Mobil's application nunc pro tunc. V. ORDERING CLAUSES 14. IT IS ORDERED that pursuant to Section 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), and Sections 1.106 and 101.45(f)(5) of the Commission's Rules, 47 C.F.R.  1.106, and 101.45(f)(5), Mobil's petition for reconsideration IS GRANTED. 15. IT IS FURTHER ORDERED that Mobil's application for modification of its existing authorization for MAS Station WNEK 771 in Hugoton, Kansas, to utilize the additional frequency pair 928/959.90625 MHz is REINSTATED NUNC PRO TUNC. 16. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. 17. For further information concerning this Order, contact Todd Lantor or Derek Khlopin, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0680, or, by e-mail, tlantor@fcc.gov or dkhlopin@fcc.gov. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau