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INTRODUCTION Đ Sk'\  I. A. 1. a.(1)(a) i) a) 1 A. 1. a.(1)(a) i) a)#&J\  P6Qu&P#  S8' e Բ1.` ` We have before us a Petition for Reconsideration (Petition) filed on February 19, 1998,  xby Diversified Communications, Inc. (Diversified). In the Petition, Diversified seeks reconsideration of  xthe dismissal of the abovecaptioned application by the Public Safety and Private Wireless Division's  xLicensing and Technical Analysis Branch (Branch). For the reasons stated herein, we deny the Petition and affirm the Branch's decision.  S'C II. BACKGROUND Đ\  S' e J2.` ` On November 13, 1995, the Wireless Telecommunications Bureau (Bureau) released the  Sm' x39 GHz Freeze Order, which, in response to a petition for rulemaking, "froze" the acceptance of new 38.6  S;' xԩ 40.0 GHz (39 GHz) band applications.;˘ {O' x+ ԍAmendment of the Commission's Rules Regarding the 37.038.6 GHz and 38.640.0 GHz Bands, Order,  {Om'11 FCC Rcd 1156 (WTB, 1995) (39 GHz Freeze Order). On December 15, 1995, the Commission adopted a Notice of  S ' xProposed Rule Making and Order, which, inter alia, stated that applications for modification of existing  x39 GHz licenses filed on or after November 13, 1995, would not be accepted for filing, unless those  x@applications: (a) did not enlarge any portion of the proposed area of operation; and (b) did not change  Sq'frequency blocks, other than to delete a frequency."q$˘ yO5#' xJ ԍAmendment of the Commission's Rules Regarding the 37.038.6 GHz and 38.640.0 GHz Bands;  ! Implementation of Section 309(j) of the Communications Act Competitive Bidding, 37.038.6 GHz and 38.640.0  {O$' !& GHz, ET Docket No. 95183, PP Docket No. 93253, Notice of Proposed Rule Making and Order, 11 FCC Rcd  yO%'4930, 4989 (1995).  S ' e 3.` ` On August 20, 1997, Diversified filed the abovecaptioned application, which proposed  S ' xMmodifying Local Transmission Television Service (LTTS) Station WPJC398 ˘ yO)'ԍDiversified has been authorized to operate Station WPJC398 since January 17, 1996. to change the authorized" ,**UU!"  xservice in the 39 GHz band from LTTS to fixed pointtopoint microwave service, and to upgrade its  S' xcoordination status from secondary to primary.fּ {O5'ԍSee FCC File No. 9703537 and Exhibit A thereto.f The subject application also requested a waiver of certain  S' xCommission Rules to the extent that its proposed modification was at variance with those rules.Zּ {O'ԍFCC File No. 9703537, Exhibit A. The pertinent rules are discussed in para. 9, infra.  xDiversified is currently authorized to operate LTTS service nationwide on various channel bands, including  S4'the 39 GHz band, excluding areas within 35 miles of the Canadian border.4ּ yO' x ԍThe subject license also authorizes LTTS service on the 1990 2110 MHz, 2450 2483.5 MHz, and 12700 13250 MHz bands, which are not at issue in this proceeding.  S' e ~ 4.` ` On November 3, 1997, the Commission released a Report and Order and Second Notice  S' xof Proposed Rulemaking (Report and Order and Second NPRM), which amended the Commission's Rules  Sj' xxto facilitate more effective use of the 39 GHz band.^jDּ {ON' x8 ԍAmendment of the Commission's Rules Regarding the 37.0 GHz and 38.640.0 GHz Bands, Report and  {O' ! Order and Second Notice of Proposed Rule Making, ET Docket No. 95183, PP Docket No. 93253, 12 FCC Rcd  {O'18600, 1860306 (1997) (Report and Order and Second NPRM).  The Report and Order and Second NPRM, inter alia,  S8' xdismissed without prejudice all applications that were: (a) mutually exclusive; (b) applications that were  xnot yet on public notice, or for which the 60day cutoff period for filing competing applications had not  xbeen completed prior to November 13, 1995; and (c) modification applications or amendments thereto that  S 'proposed to enlarge the applicant's service area and/or change frequency blocks.D j ּ {O'ԍId. at 18642.D xxX  S9 ' e =5.` ` On January 21, 1998, the Branch dismissed Diversified's modification application. 9 ּ {O' x ԍ Letter from Stephen C. Buenzow, Acting Chief, Technical Analysis Section, Public Safety and Wireless Division, Wireless Telecommunications Bureau, FCC, to Alan C. Levin (Jan. 21, 1998). The  xBranch reasoned that because the Commission's LTTS rules do not permit fixed pointtopoint microwave  S ' xoperation, and Diversified was seeking a license to operate at a location for longer than six months (i.e.,  xRa "permanent" license), the application was effectively a new 39 GHz pointtopoint microwave  Sn' x^application.: nV ּ {Od'ԍId.: The Branch further reasoned that pursuant to the 39 GHz Freeze Order, the application was  S<'unacceptable for filing.: <ּ {O'ԍId.:   S' e 6.` ` On February 19, 1998, Diversified filed the Petition, requesting reconsideration of the  xZdismissal of its application. Diversified first claims that the subject application should not be classified  xMas a new application, because it "merely seeks" to change the authorized service from temporary fixed  xQLTTS to pointtopoint microwave. Diversified asserts that Part 101 of the Commission's Rules does not  S ' xMpreclude the proposed modification of Station WPJC398.A zּ yO$&'ԍPetition at 34.A Diversified also argues that the application  xis not subject to the "freeze" on 39 GHz applications because it neither proposes to enlarge Station"  ,C)C)UU"  S' xWPJC398's current service area nor change its frequency blocks.@ ּ {Oh'ԍId. at 4.@ In addition, attached to the Petition  x7is an amendment, which requests assignment of one of two suggested 39 GHz frequency pairs to Station  xxWPJC398, and a change of service area to encompass a rectangular service area (RSA) which Diversified  xplans to use to provide pointtopoint microwave service to subscribers in the Baltimore, MD and  S4' xWashington, DC areas.T4Zּ {O.'ԍSee Attachment B to Petition.T Diversified seeks to use the proposed upgraded microwave system to provide  xxa number of subscriber services, including video transmission, broadband data, Internet access, and paths  S'to and from satellite earth stations.:ּ {OZ 'ԍId.:  S'   Sh'F III. DISCUSSION Đ\  S' e  7.` ` We conclude that Diversified's proposal to change Station WPJC398's class of service and  S' xupgrade its coordination status constitutes a de facto request for authorization to provide new pointto xgpoint microwave service utilizing specified 39 GHz frequency pairs on a primary basis. As Diversified  x^itself recognizes, the requested modification would permit the provision of a service significantly different  S7 ' xfrom that presently authorized under the license for Station WPJC398.c7 ~ּ {OU'ԍSee Petition at 4, and Attachment B thereto.c Consequently, we believe that  xsuch proposal is most appropriately characterized and treated as an application to provide new pointto xpoint microwave service. Further, we note that in attempting to obtain authorization for a new pointto xxpoint microwave service by modifying Station WPJC398, Diversified seeks to have the subject application processed under the former 39 GHz licensing rules.   S' e  8.` ` We also disagree with Diversified's contention that the Commission's Rules permit  xmodification of Station WPJC398 as proposed. LTTS is a domestic public communications service that  x"utilizes microwave facilities to establish transmission links for temporary mobile television pickup  Sl' x7operations.Zlּ {O'ԍSee 47 C.F.R.  101.803(a), (b).Z LTTS stations are temporary fixed stations, authorized to operate from temporary locations  S9' xfor periods not to exceed six months.N9ּ yO{'ԍ47 C.F.R.  101.815(a)(1).N Section 101.815(a)(1) of the Commission's Rules provides that  xgLTTS temporary services that are initially known to be of longer than six months' duration may not be  x&provided under a temporary fixed authorization, but shall be rendered pursuant to a regular license for  S' xmicrowave facilities.:2 ּ {Or!'ԍId.: Nevertheless, Diversified seeks to change Station WPJC398's class of service from  xnationwide LTTS, to pointtopoint microwave, utilizing the 39 GHz band, with one RSA encompassing  S:' xthe Baltimore/Washington areas.r: ּ {O$'ԍSee FCC File No. 9703537, Exhibit A, and amendment thereto.r Diversified's proposed modification would, therefore, result in a long S' x@term authorization for Station WPJC398 in the new service area.V ּ yO&' "l ԍLicense terms for stations authorized under Part 101 are issued for periods not to exceed ten years. 47 C.F.R.  101.67. Because the proposed operation of",C)C)UU"  xStation WPJC398 will exceed six months, it may be authorized pursuant to a regular license, but not under  S' x3Diversified's current temporary fixed authorization for Station WPJC398.Yּ {O5'ԍ See 47 C.F.R.  101.815(a)(1).Y Accordingly, we find that  xDiversified must obtain a new pointtopoint microwave license in order to provide the proposed  Sg'services.gZּ {Oa' "8 ԍAs discussed in para. 4 supra, pursuant to the current 39 GHz rule making, acceptance of new 39 GHz applications has been suspended.  S' e =9.` ` Moreover, we conclude that the Commission's Rules preclude the provision of pointto xpoint microwave service under an LTTS authorization. Section 101.803 of the Commission's Rules,  x7which delineates the conditions of LTTS frequency assignment and permissible use of those frequencies,  xstates, in pertinent part, that LTTS operations may be assigned frequencies listed in Sections 74.602(a),  x78.18(a)(7), and 78.18(a)(8) of the Commission's Rules; and LTTS carriers may use LTTS frequencies  S' xgonly to provide services described in Sections 74.631 and 78.11 of the Commission's Rules.Kּ yOV'ԍ47 C.F.R.  101.801(b).K Section  x74.602 of the Commission's Rules permits use of the 39 GHz band for LTTS service on a secondary  S ' x"basis, Dּ yO' " ԍ47 C.F.R.  74.602 (a), (b). 47 C.F.R  78.18(a)(7), and 78(a)(8) are not applicable to the allocation of 39 GHz for LTTS service. but neither Section 74.631 nor Section 78.11 of the Commission's Rules list pointtopoint  Si ' xtmicrowave as a permissible service for LTTS stations.Yi ּ yO'ԍ47 C.F.R.  74.631 & 78.11.Y Consequently, Diversified may not "upgrade"  xxits existing LTTS license to provide pointtopoint microwave service. We, therefore, affirm the Branch's  xfinding that the application is effectively a new 39 GHz application filing, and that it is unacceptable for  S ' xfiling pursuant to the 39 GHz Freeze Order,A , ּ yO'ԍ11 FCC Rcd 1156.A as well as the subsequent Notice of Proposed Rule Making  S 'and Order.D ּ yO'ԍ11 FCC Rcd at 4989.D  S9' e i10.` ` Diversified further argues that because it has "proposed neither enlargement of its  xoperating area nor frequency block changes" the application is not subject to the 39 GHz application  S' x"freeze."?L ּ yO'ԍPetition at 4.? As discussed supra, Diversified's proposed operation may only be offered pursuant to a new  xpointtopoint microwave license, and therefore its argument that the application is not subject to the 39  xtGHz application "freeze" is misplaced. Further, as also previously discussed, 39 GHz applications filed  S;'on or after November 13, 1995 have been dismissed.m;ּ {O#'ԍReport and Order and Second NPRM, 12 FCC Rcd at 18642.m  S' e q11.` ` Additionally, Diversified's request for waiver of Section 101.803(b) of the Commission's  xtRules and associated rules is denied. Section 1.925 of the Commission's Rules states that rule waivers  xwill not be granted unless an applicant affirmatively shows that either: (a) the underlying purpose of the  x<rule would not be served in a particular case and that grant of the waiver is otherwise in the public"<n,C)C)UU"  xinterest; or (b) that considering the "unique or unusual factual circumstances of the instant case, application  xof the rule(s) would be inequitable, unduly burdensome, or otherwise contrary to the public interest, or  S' x^the applicant has no reasonable alternative."-ּ {O' " ԍSee 47 C.F.R.  101.23 (1998); and  #X\  P6G;ɒP# 47 C.F.R.  1.925(b)(3) (1999). When Diversified submitted its Petition  x and Amendment, former 47 C.F.R.  101.23 was the effective waiver rule for Part 101 services. The Commission  {O' x recently released a Report and Order that, inter alia, streamlined and revised the Commission's rules governing  yO^' xQ license procedures for radio services licensed by the Wireless Telecommunications Bureau. Biennial Regulatory  x Review Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to  x Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services,  {O' x_ 13 FCC Rcd 21027, WT Docket No. 9820 (1998) (ULS Report and Order). The ULS Report and Order  {O ' x consolidated many servicespecific procedural rules into Part 1 rules, including the waiver request rules. See Id. at  {OJ ' x^ Appendix G. The ULS Report and Order was effective February 12, 1999, and 47 C.F.R.  101.23 was superseded  xt by 47 C.F.R.  1.925 at that time. The language of 47 C.F.R.  1.925 is, in pertinent part, substantially the same as was 47 C.F.R.  101.23. - We find that Diversified failed to make a sufficient showing  xkthat grant of a waiver is warranted under the circumstances described. Diversified simply stated, without  xany explanation or elaboration, that its requested waiver would serve the public interest by "promot[ing]  S' x*competition and the FCC's flexible frequency allocation policies."P 2 ּ yO'ԍFCC File No. 970357, Exhibit A.P Absent such elaboration, we find that  xkthe record is devoid of substantiation as to how grant of the requested waiver would promote competition  x<or otherwise further the public interest. &t   &t Accordingly, we conclude that Diversified did not make a  Sh'satisfactory showing that a rule waiver would be justified.!^h ּ {O' " ԍSee also WAIT Radio, Inc. v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd 459 F.2d 1203 (D.C. Cir. 1972),  {O' x cert. denied, 409 U.S. 1027 (1972) ("When an applicant seeks a waiver of a rule, it must plead with particularity  {O^'the facts and circumstances which warrant such action.") Id. at 1157 (citation omitted).  S5'  S'@IV. CONCLUSION \  S ' e 12. ` ` For the foregoing reasons, we deny Diversified's Petition for Reconsideration, dismiss the related amendment, and uphold the Branch's dismissal of the subject application.  S6 '  S '1V. ORDERING CLAUSE Đ\\  "13. It is ORDERED in accordance with Sections 4(i) and 405 of the Communications Act of  xt1934, as amended, 47 U.S.C.  154(i); 405, and Section 1.106 of the Commission's Rules, 47 C.F.R.  xk 1.106, that the Petition for Reconsideration filed on February 19, 1998, by Diversified Communications,  xInc. is DENIED. This action is taken pursuant to delegated authority granted under Sections 0.131; 0.331 of the Commission's Rules, 47 C.F.R.  0.131; 0.331.  Sk' ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqD'wana R. Terry ` `  hhCqChief, Public Safety and Private Wireless Division ` `  hhCqWireless Telecommunications Bureau aE(#\#G\  P6G; مP#(#\