**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. 0000421758          |
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| SISKIYOU TELEPHONE COMPANY       | ) |                              |
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| Application and Request for      | * |                              |
| Waiver of Section 101.141(a)(3)  |   |                              |
| of the Commission's Rules        | * |                              |
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**ORDER**

**Adopted:** December 17, 2001 **Released:** December 19, 2001

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

1.  *Introduction*. We have before us a modification application and
    request by Siskiyou Telephone Company (Siskiyou) for a waiver of
    Section 101.141(a)(3) of the Commission's Rules, 47 C.F.R. §
    101.141(a)(3), to permit it to replace its existing radio equipment
    used in conjunction with its operation of Fixed Microwave Service
    Station WML774, Shasta Bally, California, with equipment that does
    not meet the Commission's minimum payload capacity and utilization
    requirements.[^1] For the reasons set forth below, we grant the
    waiver request.

2.  *Background*. Section 101.141(a)(3) of the Commission's Rules sets
    forth the minimum capacity and loading requirements for microwave
    transmitters employing digital modulation techniques and operating
    below 19.7 GHz that are applied for, authorized, and placed in
    service after June 1, 1997.[^2] For equipment operating in the 6 GHz
    band using a nominal bandwidth of 30 MHz, the minimum payload
    capacity is 134.1 megabits per second (MBPS), which has a typical
    utilization of 3 DS-3/STS-1.[^3] In addition, the minimum traffic
    loading capacity is fifty percent of the payload capacity.[^4]

3.  Siskiyou operates point-to-point microwave stations in the 6 GHz
    band to carry common carrier telephone traffic, including emergency
    calls.[^5] On August 21, 2001, Siskiyou filed the above-captioned
    application to modify its license for Station WML774. It also
    requested a waiver of Section 101.141(a)(3) to allow it to replace
    its repeaters for Station WML774 with new 2 DS-3 radios.[^6] It
    states that the current equipment, which was manufactured by
    Peninsula Engineering Group, Inc. (Peninsula), must be replaced
    because Peninsula no longer makes replacement parts, so a breakdown
    may be irreparable and likely would cause an interruption in
    Siskiyou's service to the public.[^7] Siskiyou forecasts that it
    will load one hundred percent of the 2 DS-3 equivalent voice
    channels within the timeframe[^8] required by the Commission's
    Rules.[^9]

4.  Station WML774 has a path to Station WMM438, Redding, California
    (licensed to Pacific Bell), and a path to Station WML775, Scott
    Mountain, California. Station WML775 has another path to Station
    KMZ81, Fort Jones, California. Siskiyou states that a 3 DS-3
    transmitter at Station WML774 would not be compatible with the 2
    DS-3 receivers at Stations WMM438 and KMZ81 because 2 DS-3 radios
    and 3 DS-3 radios utilize different modulation types.[^10] It also
    states that reconfiguring the 2 DS-3 radios to the 3 DS-3 modulation
    type would be unduly expensive, and would result in a loss of
    transmitter output power that, given the distance between Stations
    WML774 and KMZ81, would result in unreliable service.[^11]

5.  *Discussion*. We may grant a request for a waiver when (i) the
    underlying purpose of the rule(s) would not be served or would be
    frustrated by application to the instant case, and a grant of the
    requested waiver would be in the public interest; or (ii) in view of
    the unique or unusual factual circumstances, application of the
    rule(s) would be inequitable, unduly burdensome or contrary to the
    public interest, or the applicant has no reasonable
    alternative.[^12] Based on the record before us, we conclude that
    grant of a waiver is warranted under the circumstances presented,
    provided that Siskiyou meets the conditions set forth in its
    request. Specifically, we find that a waiver would not frustrate the
    underlying purpose of the rule and would be in the public interest,
    so long as Siskiyou meets the minimum traffic loading requirement.

6.  The purpose of Section 101.141(a)(3) is to promote efficient
    utilization of the spectrum used for fixed microwave services.[^13]
    As noted above, for a 30 MHz bandwidth in the 6 GHz band, the rule
    requires a minimum traffic loading of fifty percent of a 3 DS-3, or
    the equivalent of 1008 voice circuits. Siskiyou represents that, if
    it is permitted to install new 2 DS-3 radios, it will load them to
    one hundred percent capacity, or the equivalent of 1344 voice
    circuits. We therefore agree with Siskiyou that its proposed use of
    2 DS-3 transmitters at Station WML774 would not frustrate the
    underlying purpose of Section 101.141(a)(3). We further find that a
    grant of this waiver is in the public interest because it will allow
    Siskiyou to continue to provide reliable, uninterrupted toll and
    emergency 911 service.[^14] In addition, it will permit Siskiyou to
    install more reliable equipment for Station WML774. Thus, we
    conclude that granting a waiver to Siskiyou is appropriate under the
    circumstances presented.[^15] However, if Station WML774 is not
    carrying the equivalent of at least 1008 voice circuits within
    thirty months of the grant of its modification application, Siskiyou
    will be required to reduce its bandwidth or take other action to
    bring the station into compliance with the Commission's Rules.

7.  ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the
    Communications Act of 1934, 47 U.S.C. §154(i), and Sections 1.925
    and 101.141(a)(3) of the Commission's Rules, 47 C.F.R. §§ 1.925,
    101.141(a)(3), the request for waiver filed by Siskiyou Telephone
    Company on August 21, 2001 IS GRANTED ON THE CONDITON THAT Station
    WML774 is carrying the equivalent of at least 1008 voice circuits
    within thirty months of the grant of its modification application.
    Application FCC File No. 0000421758 SHALL BE FORWARDED to the Public
    Safety and Private Wireless Division, Licensing and Technical
    Analysis Branch for processing consistent with this *Order* and the
    applicable Commission Rules.

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

[^1]: Siskiyou Telephone Company, Request for Waiver (filed Aug. 21,
    2001) (Waiver Request).

[^2]: 47 C.F.R. §101.141(a)(3).

[^3]: *Id.* DS and STS refer to the number of voice circuits a channel
    can accommodate. 3DS-3/STS-1 is equivalent to 2016 voice circuits.

[^4]: *Id.*

[^5]: Waiver Request at 3.

[^6]: *Id*. at 1. 2 DS-3 is equivalent to 1344 voice circuits. 47 C.F.R.
    § 101.141(a)(3).

[^7]: Waiver Request at 1*.*

[^8]: The loading requirement must be met within 30 months of licensing.
    47 C.F.R. § 101.141(a)(3).

[^9]: Waiver Request at 3.

[^10]: *Id.* at 2.

[^11]: *Id*.

[^12]: 47 C.F.R. § 1.925(b)(3).

[^13]: Reorganization and Revision of Parts 1, 2, 21, and 94 of the
    Rules to Establish a New Part 101 Governing Terrestrial Microwave
    Fixed Radio Services, *Report and Order,* WT Docket No. 94-148, 11
    FCC Rcd 13449, 13476 ¶ 77 (1996); *see also* Wilderness Valley
    Telephone Company*, Order,* 15 FCC Rcd 11751, 11752 ¶ 5 (WTB PSPWD
    2000) (*Wilderness Valley*)*.*

[^14]: Waiver Request at 3.

[^15]: We note that although cost alone is an insufficient basis for
    waiving the requirements of Section 101.141(a)(3) of the
    Commission's Rules, it can be a relevant factor combined with other
    considerations weighing in favor of granting a waiver request.
    *See*, *e.g*., *Wilderness Valley*, 15 FCC Rcd at 11753 ¶ 6.