**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of Application )

)

TEXAS GAS TRANSMISSION CORP. ) File No. 747157

)

Petition to Reconsider Request )

to Modify Multiple Address System )

Authorization and Request for Special )

Temporary Authority for Station WNTT 648 )

**ORDER ON RECONSIDERATION**

**Adopted: February 18, 1999 Released: February 26, 1999**

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

**I. INTRODUCTION**

1\. On February 10, 1999, Texas Gas Transmission Corporation, (Texas
Gas), filed a petition for reconsideration (Petition) of a decision by
the Licensing and Technical Analysis Branch (Branch) of the Public
Safety and Private Wireless Division, Wireless Telecommunications
Bureau, denying requests for special temporary authority and waiver of
the Commission\'s suspension on accepting applications that modify a
Multiple Address System (MAS) authorization in the 928/959 MHz frequency
band.[^1] The Branch denied Texas Gas\' special temporary authority
(STA) and waiver requests due to a Commission- imposed suspension of the
acceptance of MAS applications for new licenses, amendments, or
modification of licenses in the 928/959 MHz frequency band.[^2] For the
reasons discussed herein, we grant the Texas Gas petition for
reconsideration.

**II. BACKGROUND**

2\. On February 19, 1997, the Commission adopted a Notice of Proposed
Rulemaking (Notice) in WT Docket No. 97-81, seeking public comment on
proposals designed to streamline licensing procedures for, and to
increase the technical and operational flexibility of, MAS licenses.[^3]
In the Notice, the Commission also temporarily suspended acceptance of
MAS applications for new licenses, amendments, or major modifications in
the 928/959 MHz and 932/941 MHz bands, and applications in the
928/952/956 MHz band for the provision of subscriber-based services.[^4]
The Notice stated that any such applications received on or after
February 19, 1997, the date of adoption of the Notice, would be returned
as unacceptable for filing.[^5]

3\. Texas Gas operates more than 30 MAS facilities along a
long-distance, high-pressure natural gas pipeline that transports gas
produced in Southern Louisiana and the Gulf of Mexico for ultimate
delivery to various users in the Midwest. Through its MAS operations,
Texas Gas acquires gas pressure, temperature, flow data, valve status
and billing information at its electronic gas measurement facilities.
The tower supporting the master transmitter for one of Texas Gas\' MAS
facilities, Station WNTT 648, is scheduled for demolition in
mid-February.[^6] As a direct result of and in anticipation of this
event, Texas Gas acquired a new site to construct a tower to mount the
master transmitter, located approximately 2.2 miles from the current
site.[^7] The relocation is deemed a major modification under Section
1.929 of the Commission\'s Rules. Thus to effectuate relocation of
Station WNTT 648\'s master transmitter to the new site, Texas Gas needed
to request to waive the Commission-imposed \"filing freeze\" for major
modifications to stations in the 928/959 MHz frequency band.[^8] Texas
Gas submitted a request for STA under cover of a letter from Keller and
Heckman dated December 28, 1998.[^9] In addition, under cover of a
letter from Keller and Heckman dated December 29, 1998, Texas Gas
submitted an application to modify its license for Station WNTT 648[^10]
and a request for a waiver of the MAS application \"filing
freeze.\"[^11]

4\. On January 20, 1999, the Branch denied Texas Gas\' STA and waiver
requests on the grounds that the waiver request did not provide
sufficient justification for the Branch to \"favorably act.\"[^12] On
February 10, 1999, Texas Gas petitioned for a reconsideration of the
Branch\'s decision.

**III. DISCUSSION**

[A. Special Temporary Authority]{.underline}

5\. Texas Gas submitted a request for special temporary authority to the
Commission dated December 22, 1998 to operate the relocated multiple
address system in the vicinity of Amelia, Louisiana for a period of 180
days.[^13] Section 1.931 of the Commission\'s Rules states that a
special temporary authorization may be granted in emergency
situations.[^14] Texas Gas states that denial of this authorization will
hamper its ability to safely and efficiently operate its gas measurement
facilities and pipeline system.[^15] We find that the circumstances
surrounding this request create an emergency situation requiring the
immediate use of the relocated facilities near Amelia, Louisiana to
ensure the continued safe and efficient use of its pipeline. Therefore,
we conclude that granting this request for special temporary authority
would be in the public interest.

[B. Waiver Request]{.underline}

6\. Sections 101.23 and 1.925 of the Commission\'s Rules, provide that a
waiver will not be permitted except upon an affirmative showing that
either: (a) the underlying purpose of the rule will not be served in a
particular situation and that granting the waiver request is in the
public interest; or (b) that the \"unique facts or unusual factual
circumstances of a particular case render application of the rule
inequitable, unduly burdensome or otherwise contrary to the public
interest.\"[^16] Applicants requesting a rule waiver must also
demonstrate lack of a reasonable alternative.[^17] Furthermore, an
applicant seeking waiver of a Commission rule \"must plead with
particularity the facts and circumstances which warrant such
action.\"[^18]

7\. We find that Texas Gas has fulfilled the requirements of Sections
101.23 and 1.925 by specifically demonstrating that its unusual factual
circumstances warrant the grant of a waiver of the MAS application
\"filing freeze.\" In its waiver request, Texas Gas asserts that its
need to relocate its master transmitter for Station WNTT 648 is caused
by circumstances beyond its control.[^19] Texas Gas also states that but
for the demolition of the tower supporting the transmitter, it would not
\"otherwise incur the expenses associated with purchasing land, erecting
a tower and moving its facilities.\"[^20] Texas Gas further asserts, in
both its waiver request and Petition, that the immediate relocation of
the master transmitter for Station WNTT 648 is essential to avoid
interruption in the telecommunications necessary to support the
operation of its pipeline.[^21]

8\. Additionally, Texas Gas has demonstrated that it lacks a reasonable
alternative in accordance with Section 1.925. Texas Gas indicates that
on February 19, 1997, the Commission suspended acceptance of all MAS
applications for new licenses, amendments and modifications for the
928/959 MHz band, except applications for minor modifications. Because
Texas Gas\' proposed modifications are in excess of that permitted by
Section 1.929,[^22] the modifications would be deemed major, thus
leaving no other alternative within the Commission\'s Rules.[^23] In its
Petition, Texas Gas asserts that \"there is no opportunity to further
license the 959 MHz channel in the vicinity or proposed new site\" and
that it had to acquire amended Short Space Agreements from licensees of
facilities located both north and south of the new site.[^24] Texas Gas
also indicates that there are no alternative 928/952 frequency pairs
that can be licensed at its proposed new site.[^25]

9\. Based on our review of Texas Gas\' waiver request, we find that
Texas Gas has demonstrated that its circumstances are unique and
involuntary, such that a waiver of the Commission\'s \"filing freeze\"
for applications to modify authorizations in the 928/959 MAS frequency
band is warranted. In this connection, we believe that the denial of a
waiver in this instance would not be in the public interest and would
unduly burden Texas Gas\' current operations by disrupting the
telecommunications support that ensures the safe and efficient operation
of a system which provides essential services to the public.
Furthermore, we find that Texas Gas has sufficiently explored potential
alternatives to its situation before submitting a waiver request to the
Commission.

**IV. ORDERING CLAUSE**

10\. 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 Section 1.106 of the Commission\'s Rules, 47 C.F.R. § 1.106, the
Petition for Reconsideration filed by Texas Gas Transmission Corporation
on February 10, 1999 IS GRANTED.

11\. IT IS FURTHER ORDERED that, pursuant to Section 1.931 of the
Commission\'s Rules, 47 C.F.R. § 1.931, the request for Special
Temporary Authority filed by Texas Gas Transmission Corporation on
December 30, 1998 IS GRANTED.

12\. IT IS FURTHER ORDERED that, pursuant to Sections 101.23, 1.925 and
1.915 of the Commission\'s Rules, 47 C.F.R. §§ 101.23, 1.925, 1.915, the
waiver request of the Commission\'s suspension on accepting applications
that modify a Multiple Address System (MAS) authorization in the 928/959
MHz frequency band, WT Docket No. 97-81, and application to modify
authorization for Station WNTT 648 filed by Texas Gas Transmission
Corporation on December 30, 1998 ARE GRANTED.

13\. 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

j:\\sblake\\mas.tx

cc: S. Blakeney

J. Borkowski

[^1]:     ^?^ Texas Gas Petition for Reconsideration (filed February 10,
    1999).

[^2]:     ^?^ Letter from Mary M. Shultz, Chief of the Licensing and
    Technical Analysis Branch to Wayne V. Black, Attorney for Texas Gas
    Transmission Corporation (dated January 20, 1999)

[^3]:     ^?^ Amendment of the Commission\'s Rules Regarding Multiple
    Address Systems, *Notice of Proposed Rulemaking*, 12 FCC Rcd 7973
    (1997).

[^4]:     ^?^ *Id.* at 8003-8006

[^5]:     ^?^ *Id.* at 8003.

[^6]:     ^?^ Texas Gas Petition for Reconsideration at 2.

[^7]:     ^?^ *Id.*

[^8]:     ^?^ *Id.*

[^9]:     ^?^ *Id.*

[^10]:     ^?^ WNTT 684, Amelia, Louisiana is on 959.85625/928.85625.

[^11]:     ^?^ Texas Gas Petition for Reconsideration at 2.

[^12]:     ^?^ Letter from Mary M. Shultz, Chief of the Licensing and
    Technical Analysis Branch to Wayne V. Black, Attorney for Texas Gas
    Transmission Corporation (dated January 20, 1999)

[^13]:     ^?^ Letter from Keith R. Libbert, Staff Engineer of Williams
    Gas Pipelines, Texas Gas to the Microwave Branch, Licensing Division
    dated December 22, 1998.

[^14]:     ^?^ 47 C.F.R. § 1.931(b)(2)(i).

[^15]:     ^?^ Letter from Keith R. Libbert, Staff Engineer of Williams
    Gas Pipelines, Texas Gas to the Microwave Branch, Licensing Division
    dated December 22, 1998.

[^16]:     ^?^ 47 C.F.R. §§ 101.23, 1.925.

[^17]:     ^?^ *Id.*

[^18]:     ^?^ *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969)
    *cert denied* 409 U.S. 1027 (1972).

[^19]:     ^?^ Texas Gas Request for Waiver at 3.

[^20]:     ^?^ *Id.*

[^21]:     ^?^ *Id.*; *see also* Texas Gas Petition for Reconsideration
    at 2.

[^22]:     ^?^ *See* 47 C. F. R. § 1.929; formerly §101.59. Minor
    modifications include changes in the geographical coordinates of a
    station must be less than five seconds of latitude, longitude or
    both, and change in antenna height must be less than 10 feet above
    the previously authorized height. Texas Gas\' proposes to increase
    the antenna height by 20 feet and would change the geographic
    coordinates from 29 43\' 53.0\"N, 91 04\' 02.0\"W to 29 42\'
    09.0\"N, 91 05\' 06.6\"W, thus exceeding the limitations permitted
    for minor modifications.

[^23]:     ^?^ Texas Gas Waiver Request at 4. *See also* Amendment of
    the Commission\'s Rules Regarding Multiple Address Systems, *Notice
    of Proposed Rulemaking*, 12 FCC Rcd 7973, 8003-8004 (1997).

[^24]:     ^?^ Texas Gas Petition for Reconsideration at 2.

[^25]:     ^?^ *Id.* at 2.