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

In the Matter of                     )
                                     )
RIG TELEPHONES, INC. D/B/A DATACOM           )    File Nos. 9900011-15
                                     )
Request for Waiver of Part 101 of the       )
Commission's Rules                   )
                                     

                             ORDER 


   Adopted:  March 1, 2000              Released:  March 3, 2000

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


                        I.  INTRODUCTION
                                
     1.  On January 19, 1999, Rig Telephones, Inc. d/b/a/ Datacom (Datacom) filed a request for waiver of Part 101 of
the Commission's Rules to permit it to transmit common carrier message traffic in the Gulf of Mexico (Gulf) over 10 MHz
channels in the 1850-1990 MHz band.  For the reasons stated herein, we deny Datacom's request for waiver.


                        II.  BACKGROUND
                                
     2.  Datacom is a commercial entity providing telecommunications services to the oil and gas industry offshore, in
the inland water, and on land, in the Gulf area.  Datacom's primary activities are supplying microwave circuits, radio
communications equipment, and Supervisory Control and Data Acquisition (SCADA) systems for oil, gas, and refinery
applications.  

     3.  Datacom requests a waiver of the Rules to transmit common carrier message traffic on 1850-1990 MHz band
frequencies in the Gulf.  A waiver is required because this band is allocated exclusively for private traffic.  Though
Datacom currently operates point-to-point facilities on the 6525-6875 MHz  (6 GHz) band in the Gulf, it states that those
facilities are inadequate because the 6 GHz band is subject to random signal interruption due to signal fading caused by the
unique and unpredictable weather and environmental conditions in the Gulf.  Datacom also requests a waiver to permit it
to utilize a 10 MHz bandwidth in the 1850-1990 MHz band.  Datacom's request is for no more than 20 channel pairs,
and it states that common carrier traffic will comprise only 15 percent of the communications in this band.  It also
states that since it will make use of the band in the deep Gulf, and on a secondary basis to personal communications
service (PCS), there will not be any conflict with PCS systems.


                        III.  DISCUSSION

     4.  To obtain a waiver an applicant must affirmatively show that (1) the underlying purpose of the rule will
not be served, or would be frustrated, by its application in the instant case, and that grant of the waiver would be
in the public interest; or (2) the unique or unusual facts and circumstances of the instant case render application of
the rule inequitable, unduly burdensome, or otherwise contrary to the public interest or that there are no reasonable
alternatives.  As discussed in greater detail below, we find that Datacom has failed to meet either of the showings
required for grant of a waiver.  

     5. Datacom states in its Waiver Request that it intends to build a communications system in the 1850-1990
MHz band to serve the communications needs of the oil and gas industry in the Gulf.  In addition to carrying the
private internal communications of the oil and gas industry, Datacom states that it intends to use up to 15 percent
of the communications capacity of its 1850-1990 MHz system to transmit cellular traffic from offshore platforms. 
In support of its request, Datacom states that it would use these bands only in extremely remote locations in the
deep water of the Gulf where there is (1) not a significant demand for use of these bands by other fixed terrestrial
users, and (2) little likelihood that the spectrum will ever be used for PCS systems.  Datacom also argues that
grant of the waiver will enhance safety of flight, provide increased safety of personnel on offshore platforms, and
afford more effective protection of the environment.  Finally, Datacom directs attention to the Commission's prior
acknowledgment of the unique circumstances confronting entities providing reliable communications systems to
offshore locations in the Gulf.

     6.  As for reasonable alternatives available to Datacom, it contends that none exist.  The only other
solution Datacom references is to build out its present network of point-to-point stations in the 6 GHz band. 
However, according to Datacom, that band is fraught with difficulties which eliminate it as a reasonable alternative. 
Datacom states that these difficulties include random fading and weather conditions which severely limit the
reliability of the 6 GHz band in the Gulf.  Additionally, Datacom argues that construction of such a network
entails significantly higher costs than for comparable systems in the continental United States.

     7.  We find that Datacom has not met the standards for obtaining a waiver of the Commission's Rules, and
that Datacom has not demonstrated unique or unusual circumstances justifying a waiver.  We recently addressed
these issues and believe that Datacom's bandwidth requirements and the difficulties of operating a 6 GHz system
in the Gulf may have been overstated.  In this connection, we note that there are other entities currently operating
effective and fully operational common carrier microwave systems on 6 GHz frequencies in the Gulf.  We believe
that these systems are indications that operation of a 6 GHz system in the Gulf is possible.  While we do not
disagree that cost is a relevant factor, we are not persuaded that cost alone eliminates operation in the 6 GHz band
as a reasonable alternative.  Accordingly, we find that the 6 GHz band offers Datacom a reasonable alternative
to achieving its desired bandwidth.  While we are aware that Datacom would operate in a status secondary to the
PCS operators and would therefore be obligated to eliminate any interference its operation would cause, the same
unique circumstances we have previously addressed relating to communications in the Gulf could make it difficult
to isolate any sources of interference.  Thus, we find that Datacom's showing is insufficient to overcome the high
hurdle a waiver applicant faces.

     8.  We also find that Datacom has not shown how the underlying purpose of the rule, ensuring the
availability of adequate spectrum to accommodate the needs of private fixed and PCS services, will not be served
or would be frustrated by application of Sections 101.101 and 101.603(b) to the circumstances presented.  We
note that the Commission has excluded the 2 GHz band (which includes the 1850-1990 MHz band) from the
list of Private Operational Fixed Point-to-Point Microwave Service (POFS) frequencies for which a licensee
can seek a waiver in order to provide common carrier service as well as internal communications.  The
Commission did so because it previously reallocated the 2 GHz band from private and common carrier fixed
microwave services to emerging technology (ET) services, including PCS.  In this connection, the
Commission developed rules designed to relocate incumbents in these frequencies to other portions of the
spectrum in order to foster the introduction of ET services.  The goals of the 2 GHz licensing rules are not
only to limit relocation costs, but also to clear the 2 GHz spectrum in an expeditious and effective manner. 
Given the Commission's intent in those proceedings, we believe that allowing Datacom to offer common
carrier service over frequencies allocated exclusively for POFS service could frustrate the underlying purpose
of the Commission's Rules regarding permissible operations in the 2 GHz band.

                        IV.  CONCLUSION
                                
     9.  For these reasons, we find that Datacom failed to make a sufficient showing that grant of a waiver is
warranted under the circumstances described.  Accordingly, based on the record in this proceeding, we conclude
that a rule waiver is not justified.  Consequently, this Order denies Datacom's Waiver Request.


                      V.  ORDERING CLAUSES
                                
     10.  IT IS ORDERED that pursuant to Sections 4(i) and 405 of the Communications Act, as amended,
47 U.S.C  154(i), 405, and Section 1.925 of the Commission's Rules, 47 C.F.R  1.925 that Datacom's request
for waiver of Sections 101.101 and 101.109 of the Commission's Rules, 47 C.F.R.  101.101, 101.109, filed
March 24, 1999, IS DENIED.

     11.  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 and 0.331.


                              FEDERAL COMMUNICATIONS COMMISSION




                              D'wana R. Terry
                              Chief, Public Safety and Private Wireless Division
                              Wireless Telecommunications Bureau