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 Federal  Communications  Commission  DA  00-  2 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  the  Petition  of 
 TROY  STATE  UNIVERSITY 
 Regarding  Private  Operational  Fixed  Microwave  Radio  Stations 
 WNTN678,  Victoria,  Alabama  and  WNTN679,  Dothan,  Alabama 


 )  ) 
 )  ) 
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 FCC  File  Nos.  746093,  746094 


 ORDER 
 Adopted:  January  13,  2000  Released:  January  14,  2000 
 By  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau: 


 I.  INTRODUCTION 
 1.  We  have  before  us  a  petition  by  Troy  State  University  (Troy  State)  titled  "Request  for  Co-Primary  Frequency  Assignment"  in  which  Troy  State  requests  primary  status  for  two  paths  in  the  2  GHz 


 band  that  Troy  State  erroneously  deleted  from  the  authorizations  for  private  operational  fixed  microwave  radio  Stations  WNTN678,  Victoria,  Alabama,  and  WNTN679,  Dothan,  Alabama.  1  For  the  reasons  set 
 forth  below,  we  deny  Troy  State's  request  but  will  authorize  the  2  GHz  paths  on  a  secondary  basis. 
 II.  BACKGROUND 
 2.  The  Commission  has  reallocated  portions  of  the  2  GHz  band  from  fixed  microwave  services  (FMS)  to  emerging  technology  (ET)  services,  including  the  personal  communications  services  (PCS).  2 


 To  this  end,  the  Commission  has  adopted  certain  transition  rules.  3  First,  rather  than  immediately  clearing  the  2  GHz  band  of  the  incumbent  FMS  users,  the  Commission  permits  the  incumbents  to  continue  to 
 occupy  the  band  on  a  co-  primary  basis  with  the  ET  licensees  for  a  period  of  time,  by  the  end  of  which  the  incumbents  are  to  relocate  to  another  portion  of  the  spectrum.  4  ET  licensees  have  the  option,  however,  of 


 1  Troy  State  Request  for  Co-  Primary  Frequency  Reassignment  (dated  Feb.  14,  1996)  (Troy  State  Petition). 
 2  Redevelopment  of  Spectrum  to  Encourage  Innovation  in  the  Use  of  New  Telecommunications  Technologies,  First 
 Report  and  Order  and  Third  Notice  of  Proposed  Rule  Making,  7  FCC  Rcd  6886  (1992)  (ET  First  Report  and  Order). 


 3  See  47  C.  F.  R.    101.69-  101.81.  The  rules  are  intended  to  reaccommodate  the  FMS  licensees  in  a  manner  that 
 would  be  most  advantageous  for  the  incumbent  users,  least  disruptive  to  the  public  and  most  conducive  to  the  introduction  of  new  services.  See  ET  First  Report  and  Order,  7  FCC  Rcd  at  6886-  87    5. 


 4  47  C.  F.  R.    101.69(  b),  101.79(  a).  See  also  ET  First  Report  and  Order,  7  FCC  Rcd  at  6886    5. 
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 requiring  the  FMS  incumbents  to  relocate  sooner  if  they  pay  the  additional  costs  caused  by  the  earlier  relocation.  5  Second,  as  a  general  matter,  we  authorize  new  FMS  stations  and  most  modifications  of  FMS 
 stations  in  the  2  GHz  band  on  a  secondary  basis  to  ET  systems.  6  One  practical  effect  of  these  rules  is  that  incumbent  FMS  licensees  that  are  authorized  on  a  primary  basis  will  have  the  costs  of  relocating  to  other 
 bands  paid  for  by  the  new  ET  licensees  if  the  ET  licensees  force  them  to  relocate.  On  the  other  hand,  ET  licensees  are  under  no  obligation  to  pay  to  relocate  2  GHz  links  that  are  authorized  on  a  secondary  basis.  7 


 3.  Troy  State  is  a  state  university  offering  courses  at  various  campuses  in  eastern  and  southern  Alabama.  8  To  serve  its  students  at  its  various  campuses,  Troy  State  operates  a  video  educational 
 communications  system  which  consists  of  an  eight-  link  microwave  network.  9  At  one  point,  seven  of  the  links  operated  in  the  2  GHz  band.  10  Currently,  only  the  link  between  Station  WNTN678,  Victoria, 
 Alabama  and  Station  WNTN679,  Dothan,  Alabama  operates  in  the  2  GHz  band.  11 
 4.  Stations  WNTN678  and  WNTN679  were  originally  authorized  to  operate  in  the  2  GHz  band  with  primary  status.  On  May  22,  1996,  Troy  State  filed  applications  to  modify  its  licenses  for  seven  FMS 


 stations  in  its  network,  including  Stations  WNTN678  and  WNTN679,  to  change  the  frequencies  on  which  they  operated  from  frequencies  in  the  2  GHz  band  to  frequencies  in  the  6  GHz  band.  12  The  applications 


 were  granted  and  new  licenses  were  issued  on  July  29,  1996;  13  a  public  notice  listing  the  grants  was  released  on  August  9,  1996.  14  The  new  licenses  contained  only  the  new  6  GHz  frequencies  and  not  the 


 5  See  47  C.  F.  R.    101.69(  a),  101.71-  101.77. 
 6  47  C.  F.  R.    101.81.  See  Amendment  to  the  Commission's  Rules  Regarding  a  Plan  for  Sharing  the  Costs  of 
 Microwave  Relocation,  First  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  11  FCC  Rcd  8825,  8868    88  (1996)  (Cost  Sharing  First  Report  and  Order). 


 7  See  Cost  Sharing  First  Report  and  Order,  11  FCC  Rcd  at  8869    89. 
 8  Troy  State  Petition  at  1. 
 9  Id. 
 10  Id. 
 11  See  Troy  State's  Supplement  to  Request  for  Co-  Primary  Frequency  Reassignment  (filed  Feb.  19,  1998)  at  1-  2 
 (Troy  State  Supplement). 
 12  Troy  State  Petition  at  2.  See  Troy  State's  Applications  for  Station  Authorization  in  the  Private  Operational  Fixed 
 Microwave  Service  for  Stations  WNTL490,  WNTL491,  WNTL492,  WNTW845,  WNTW847,  WNTN678,  WNTN679  (FCC  File  Nos.  727109-  727115)  (Troy  State  Applications).  In  addition,  Troy  State  filed  an  application 


 for  Station  WNTK613  to  request  that  6  GHz  frequencies  be  added  to  the  license,  but  without  deleting  the  current  2  GHz  frequency.  Troy  State's  Application  for  Station  Authorization  in  the  Private  Operational  Fixed  Microwave 
 Service  for  Station  WNTK613  (FCC  File  No.  727116). 
 13  Troy  State  Petition  at  2. 


 14  Wireless  Telecommunications  Bureau  Weekly  Receipts  and  Disposals,  Public  Notice,  Report  No.  1860  (Aug.  9, 
 1996). 
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 previously  authorized  2  GHz  frequencies.  15 
 5.  On  February  14,  1997,  Troy  State  filed  a  petition  titled  "Request  for  Co-  Primary  Frequency  Reassignment."  16  In  the  petition,  Troy  State  states  that  it  did  not  intend  to  change  the  frequencies  on 


 which  it  operated  from  frequencies  in  the  2  GHz  band  to  those  in  the  6  GHz  band;  rather,  it  intended  simply  to  add  the  6  GHz  frequencies  to  the  station  licenses,  and  to  retain  the  2  GHz  frequencies  until  it 
 entered  into  and  implemented  relocation  agreements  with  the  relevant  PCS  licensees.  17  Troy  State  states  that  it  did  not  discover  the  error  until  approximately  ninety  days  after  the  licenses  were  issued.  18  To 
 rectify  the  error,  Troy  State  requests  that  it  be  authorized  to  operate  on  the  previously  deleted  2  GHz  frequencies  on  a  primary  basis.  19  Troy  State  adds  that  it  does  not  have  the  resources  to  relocate  the 
 facilities  itself,  and  states  that  if  it  loses  primary  status,  it  may  have  to  eliminate  the  distance  education  programming  now  provided  on  these  paths.  20  Such  a  result,  Troy  State  claims,  would  adversely  affect 
 statewide  educational  programs  now  offered  to  the  citizens  of  Alabama.  21 
 6.  On  October  27,  1998,  Sprint  Spectrum  LP  (Sprint)  filed  an  objection  to  Troy  State's  request.  22  Sprint  is  a  PCS  licensee  in  the  Birmingham,  Alabama  Major  Trading  Area  (MTA),  the  area  in 


 which  Troy  States  stations  are  located.  23  Sprint  argues  that  Troy  State  is  requesting  a  grant  of  new  licenses  in  the  2  GHz  band  and  that  Troy  State  has  failed  to  demonstrate  why  such  licenses  should  not  be 


 15  Troy  State  Petition  at  2.  We  again  note  that  Station  WNTK613  did  retain  its  authority  to  operate  in  the  2  GHz 
 band. 
 16  Troy  State  Petition.  The  caption  of  the  Petition  refers  to  seven  stations,  Stations  WNTL490,  WNTL492, 
 WNTK613,  WNTW845,  WNTW847,  WNTN678  and  WNTN679.  As  stated  above,  however,  Troy  State  had  retained  the  2  GHz  path  previously  authorized  for  Station  WNTK613.  Also  attached  to  the  Petition  were 


 incomplete  applications  for  seven  stations.  Instead  of  an  application  for  Station  WNTK613,  however,  Troy  State  attached  an  application  for  Station  WNTL530  which  is  not  otherwise  referred  to  in  the  Petition.  However,  as  Troy 
 State  now  seeks  to  maintain  the  Petition  only  with  respect  to  Stations  WNTN678  and  WNTN679,  see  infra    8,  we  need  not  resolve  this  discrepancy. 


 17  Troy  State  Petition  at  3.  Indeed,  Troy  State  argues  that  it  did  not  even  intend  to  use  the  6  GHz  frequencies  until  it 
 entered  into  relocation  agreements;  only  then  would  it  construct  and  operate  the  6  GHz  facilities.  Id.  at  2.  Troy  State  says  that  it  applied  for  6  GHz  frequencies  in  anticipation  that  it  might  enter  into  relocation  agreements.  Id. 


 Troy  State  states  that  it  was  concerned  that  6  GHz  frequencies  were  scarce  in  Alabama  and  thought  that  the  negotiation  and  relocation  process  would  proceed  more  smoothly  if  it  was  already  authorized  on  the  6  GHz 
 frequencies.  Id. 
 18  Id.  at  2. 


 19  Id.  at  1. 
 20  Id.  at  4. 
 21  Id. 
 22  Objection  of  Sprint  PCS  to  Request  for  Co-  Primary  Frequency  Reassignment  (filed  Oct.  27,  1998)  (Sprint 
 Objection). 
 23  Sprint  Objection  at  1. 
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 granted  on  a  secondary  basis.  24  Sprint  states  that  in  planning  and  structuring  the  build-  out  of  its  PCS  system,  it  has  relied  upon  the  fact  that  Troy  State  was  no  longer  authorized  on  a  primary  basis  in  the  2 
 GHz  band.  25  Sprint  contends  that  granting  Troy  State's  request  not  only  would  add  to  the  relocation  costs  Sprint  must  pay  but  would  also  impede  Sprint's  PCS  buildout,  ultimately  harming  consumers.  26  Sprint 
 argues  that  Troy  State,  and  not  Sprint,  should  suffer  the  consequences  of  Troy  State's  error  in  asking  the  Commission  to  delete  its  2  GHz  path.  27 


 7.  Troy  State  filed  a  reply  to  Sprint's  objection  on  November  2,  1998.  28  Troy  State  argues  that  since  the  2  GHz  paths  were  licensed  with  primary  status  when  Sprint  obtained  its  PCS  license,  the 
 relocation  costs  to  be  paid  by  Sprint  were  "fixed"  at  that  time;  therefore,  Troy  State  argues,  granting  Troy  State's  request  would  not  cause  any  increased  relocation  costs.  29  Troy  State  also  disputes  that  Sprint 


 detrimentally  relied  on  the  fact  that  its  paths  were  not  authorized  on  a  primary  basis.  30  Finally,  Troy  State  argues  that  Sprint  should  not  be  allowed  to  avoid  its  obligation  to  pay  relocation  costs  merely  because  of 
 a  subsequent  licensing  error.  31 
 8.  Troy  State  subsequently  informed  the  Commission  that  it  had  reached  relocation  agreements  with  various  PCS  licensees,  and  accordingly  withdrew  the  relevant  applications  and  amended  its  petition 


 to  remove  the  relevant  stations  from  its  request.  32  The  only  stations  remaining  the  subject  of  Troy  States  petition  are  Stations  WNTN678,  Victoria,  Alabama  and  WNTN679,  Dothan,  Alabama.  33 


 24  Id.  at  1,  4. 
 25  Id.  at  1-  2,  4. 
 26  Id.  at  4. 
 27  Id.  at  2,  4. 
 28  Troy  State's  Reply  to  Objection  of  Sprint  PCS  to  Request  for  Co-  Primary  Frequency  Reassignment  (filed  Nov.  2, 
 1998)  (Troy  State  Reply). 
 29  Id.  at  3-  4. 


 30  Id.  at  4. 
 31  Id.  at  2,  4-  5. 
 32  Letter  from  James  Clower,  Director,  Department  of  Radio  and  Television,  Troy  State  University  to  Barry  Bixler, 
 Federal  Communications  Commission,  Private  Operational  Fixed  Radio  Services  (dated  Aug.  4,  1999).  See  also  Troy  State's  Amendment  to  Request  for  Co-  Primary  Frequency  Reassignment  (filed  Jan.  12,  1998);  Letter  from  Dr. 


 William  E.  Flinn,  System  Director  of  Information  and  Technology,  Troy  State  University  to  Microwave  Branch,  Licensing  Division,  Wireless  Telecommunications  Bureau,  Federal  Communications  Commission  (filed  Jan.  12, 
 1998)  (rescinding  applications  regarding  Stations  WNTL490  and  WNTL492);  Troy  State's  Further  Amendment  to  Request  for  Co-  Primary  Frequency  Reassignment  (filed  Apr.  21,  1998);  Letter  from  Dr.  William  E.  Flinn,  System 
 Director  of  Information  and  Technology,  Troy  State  University  to  Microwave  Branch,  Licensing  Division,  Wireless  Telecommunications  Bureau,  Federal  Communications  Commission  (dated  Apr.  16,  1998)  (rescinding  applications 
 regarding  Stations  WNTW847  and  WNTW845). 
 33  See  Letter  from  James  Clower,  Director,  Department  of  Radio  and  Television,  Troy  State  University  to  Barry 
 (continued.) 
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 III.  DISCUSSION 
 9.  The  first  issue  before  us  is  the  proper  characterization  and  timeliness  of  Troy  State's  request.  First,  Troy  State  argues  that  its  request  is  one  to  correct  an  error  in  a  Commission  action.  34  Troy  State 


 recognizes  that  such  petitions  must  be  filed  within  thirty  days.  35  The  licenses  which  Troy  State  seeks  to  correct  were  issued  on  July  29,  1996.  Troy  State's  request  was  not  filed  until  February  14,  1997,  over  six 
 months  later.  Thus,  as  an  initial  matter,  it  appears  that  Troy  States  petition  for  reconsideration  is  untimely.  Troy  State  argues,  however,  that  the  relevant  date  for  beginning  the  thirty-  day  time  period  is 
 not  July  29,  1996,  the  date  the  licenses  were  issued,  but  July  28,  1997,  the  date  when  Troy  State's  period  for  constructing  its  6  GHz  facilities  expired.  36  Troy  State  argues  that  it  was  authorized  to  continue  to 


 operate  with  primary  status  in  the  2  GHz  band  during  the  construction  period.  37  Thus,  Troy  State  contends,  the  problem  it  attempted  to  address  in  its  petition  --  its  loss  of  primary  status  in  the  2  GHz  band 
 --  did  not  become  a  reality  until  the  construction  period  ended  on  July  28,  1997.  38  Since  its  petition  was  filed  well  before  that  date,  Troy  State  contends  that  the  petition  is  timely.  39 


 10.  We  reject  Troy  State's  argument.  Troy  State  seeks  to  rectify  what  it  terms  an  inadvertent  error,  the  deletion  of  the  2  GHz  paths  from  its  licenses.  That  action  occurred  when  we  granted  Troy 
 State's  applications  to  replace  its  2  GHz  paths  with  new  6  GHz  paths  and  issued  Troy  State  new  licenses  to  that  effect.  The  time  in  which  petitions  for  reconsideration  must  be  filed  is  set  forth  explicitly  in  the 
 Commissions  Rules  and,  contrary  to  Troy  States  contentions,  is  a  function  of  when  the  Commission  takes  an  action,  not  when  the  party  seeking  reconsideration  encounters  the  consequences  of  that  action.  40 
 In  this  regard,  we  note  that  Section  1.4  of  the  Rules  provides  that  if  the  full  text  of  an  action  document  is  not  released,  but  a  descriptive  document  entitled  "Public  Notice"  describing  the  action  is  released,  the 
 date  for  starting  the  period  during  which  to  file  petitions  for  reconsideration  is  the  date  of  the  public  notice.  41  A  document  entitled  Public  Notice  was  released  on  August  9,  1996,  describing  the  grant  of 


 Troy  State's  license.  42  Therefore,  any  petition  for  reconsideration  had  to  be  filed  by  Troy  State  by 


 (Continued  from  previous  page)  Bixler,  Federal  Communications  Commission,  Private  Operational  Fixed  Radio  Services  (dated  Aug.  4,  1999). 
 34  See  Troy  State  Supplement  at  2. 
 35  Id.  See  47  C.  F.  R.  1.106(  f). 
 36  Troy  State  Supplement  at  2. 
 37  Id.  at  3-  4. 
 38  Id. 
 39  Id. 
 40  See  47  C.  F.  R.    1.4,  1.104(  b),  1.106(  f). 
 41  47  C.  F.  R.    1.4(  b)(  4);  see  also  47  C.  F.  R.    1.106(  f). 
 42  Wireless  Telecommunications  Bureau  Weekly  Receipts  and  Disposals,  Public  Notice,  Report  No.  1860  (Aug.  9, 
 1996). 
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 Monday,  September  9,  1996.  43  Troy  State's  request  was  not  filed  until  February  14,  1997.  44  Accordingly,  to  the  extent  Troy  State's  request  is  a  petition  for  reconsideration,  it  must  be  dismissed  as 
 untimely.  45 
 11.  Troy  State  argues  that  even  if  its  request  is  not  timely,  the  equities  favor  granting  the  request.  46  In  this  connection,  we  find  that  even  if  we  were  to  treat  Troy  States  submission  as  a  request 


 for  waiver  of  the  rules  according  secondary  status  to  new  licenses  in  the  2  GHz  band,  such  request  should  be  denied  under  the  circumstances  presented.  We  may  grant  a  waiver  of  a  rule  when  (i)  the  underlying 
 purpose  of  the  rule  would  not  be  served  or  would  be  frustrated  by  application  to  the  instant  case  and  grant  of  the  waiver  would  be  in  the  public  interest  or  (ii)  in  view  of  the  unique  or  unusual  factual  circumstances 
 of  the  case,  application  of  the  rule  would  be  inequitable,  unduly  burdensome  or  contrary  to  the  public  interest,  or  the  applicant  has  no  reasonable  alternative.  47  For  the  reasons  set  forth  below,  we  conclude 
 that  Troy  State  has  not  shown  that  grant  of  a  waiver  is  warranted  in  this  case. 
 12.  Troy  State  states  that  it  did  not  intend  to  delete  the  2  GHz  paths  from  its  licenses.  However,  Troy  State  does  not  refute  the  fact  that  such  result  was  specifically  requested  in  the  applications  that  were 


 subsequently  granted.  48  Troy  State  provides  no  reason  why  it  made  this  mistake,  other  than  to  say  that  it  necessarily  relied  on  the  expertise  of  others  in  the  applications  process.  49  Troy  State  states  that 
 Comsearch  prepared  Troy  State's  applications  and  Troy  State  claims  that  it  indicated  to  Comsearch  that  it  was  not  prepared  to  give  up  its  2  GHz  frequencies.  50  However,  Troy  State  must  bear  the  responsibility 
 for  the  actions  of  those  it  chose  to  act  on  its  behalf.  51  Moreover,  as  Troy  State  admits,  it  signed  the 
 43  The  thirty-  day  period  ended  on  September  8,  1996,  a  Sunday.  Therefore,  pursuant  to  the  Commissions  Rules, 
 47  C.  F.  R.    1.4(  j),  any  petition  for  reconsideration  had  to  be  filed  by  the  next  business  day,  Monday,  September  9,  1996. 


 44  While  Troy  State  indicates  that  it  became  aware  of  the  error  ninety  days  after  the  licenses  were  issued,  Troy  State 
 Petition  at  3,  it  does  not  explain  why  it  then  took  another  three  months  to  file  its  request. 
 45  47  C.  F.  R.    1.106(  f);  see  Nextel  Communications,  Inc.,  Order,  13  FCC  Rcd  281,  283-  84    5-  7  (WTB  1998) 
 (dismissing  as  untimely  petition  that  was  in  substance  a  petition  for  reconsideration,  although  not  styled  as  such,  where  petition  was  not  filed  within  30  days  of  date  of  public  notice  of  action  complained  of);  Metromedia,  Inc., 


 Memorandum  Opinion  and  Order,  56  FCC  2d  909,  909-  10    2  (1975)  (dismissing  as  untimely  petition  for  reconsideration  filed  one  day  late);  Virgin  Islands  Tel.  Corp.  v.  FCC,  989  F.  2d  1231,  1237  (D.  C.  Cir.  1993) 
 (Commission's  refusal  to  entertain  petition  for  reconsideration  filed  one  day  late  was  justified). 
 46  Troy  State  Supplement  at  2. 


 47  47  C.  F.  R.    1.925(  b)(  3). 
 48  Troy  State's  applications  requested  that  its  authorized  frequencies  be  "change[  d]"  from  2  GHz  frequencies  to  6 
 GHz  frequencies,  not  that  6  GHz  frequencies  be  "add[  ed]"  to  Troy  State's  licenses.  See  Troy  State's  Applications;  Troy  State  Petition  at  2. 


 49  Troy  State  Petition  at  2. 
 50  Id. 
 51  See  Centel  Cellular  Co.  of  North  Carolina  Limited  Partnership,  Memorandum  Opinion  and  Order,  11  FCC  Rcd 
 10800,  10815    21  (1996);  MTD,  Inc.,  Memorandum  Opinion  and  Order,  6  FCC  Rcd  34,  34    5  (1990). 
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 applications.  52  Troy  State  thus  had  the  opportunity,  as  well  as  the  obligation,  to  review  the  applications  to  ensure  that  they  were  accurate  prior  to  their  submission  to  the  FCC.  53  Troy  State  also  claims  that  it  did 
 not  notice  the  error  when  it  received  its  licenses,  because  the  relevant  personnel  were  busy  negotiating  a  relocation  agreement.  54  Again,  we  note  that  it  was  Troy  State's  responsibility  to  check  the  accuracy  of  its 
 licenses.  55  Under  these  circumstances,  we  find  that  it  is  not  inequitable  to  hold  Troy  State  to  the  license  modifications  that  it  requested  in  its  modification  applications. 


 13.  Taking  into  account  all  of  the  facts  and  circumstances,  we  conclude  that  Troy  State  has  not  shown  that  a  grant  of  the  waiver  would  be  in  the  public  interest,  or  that  applying  the  Commission's  rule 
 that  new  FMS  licenses  in  the  2  GHz  band  are  authorized  on  a  secondary  basis  to  ET  licensees  would  be  inequitable  or  contrary  to  the  public  interest.  Accordingly,  having  found  that  Troy  State's  petition  is 
 untimely  as  a  petition  for  reconsideration  and  having  concluded  that  Troy  State  has  failed  to  show  that  it  should  be  granted  a  waiver  of  the  Commission's  Rules,  we  deny  Troy  State's  Request  for  Co-  Primary 
 Frequency  Reassignment.  Because  Troy  State  apparently  is  still  operating  on  its  old  2  GHz  frequencies  56  and  wishes  to  remain  on  those  frequencies,  we  will  grant  Troy  State's  applications  to  modify  its  licenses 
 for  Stations  WNTN678  and  WNTN679  to  allow  it  to  operate  in  the  2  GHz  band  on  a  secondary  basis  to  ET  licensees. 


 IV.  ORDERING  CLAUSES 
 14.  ACCORDINGLY,  IT  IS  ORDERED  that  pursuant  to  Sections  4(  i)  and  405  of  the  Communications  Act  of  1934,  47  U.  S.  C.    154(  i),  405,  and  Sections  1.106  and  1.925  of  the 


 Commission's  Rules,  47  C.  F.  R.    1.106,  1.925,  the  Request  for  Co-  Primary  Frequency  Assignment  of  Troy  State  University,  dated  February  14,  1997,  IS  DENIED  and  the  licenses  for  Stations  WNTN678  and 
 WNTN679  will  be  modified  to  restore  the  authorization  to  operate  on  2  GHz  frequencies  but  only  on  a  secondary  basis  to  ET  systems. 


 52  Troy  State  Petition  at  2. 
 53  See  47  C.  F.  R.    1.65(  a);  47  C.  F.  R.    101.19(  a)(  4)  (1996);  see  also  Mary  Ann  Salvatoriello,  Memorandum 
 Opinion  and  Order,  6  FCC  Rcd  4705,  4706    6  (1991)  (signature  on  an  application  "provides  assurance  that  the  applicant  personally  reviewed  the  application  and  can  be  held  responsible  for  the  truthfulness  and  accuracy  of  the 


 statements  therein"). 
 54  Troy  State  Petition  at  3. 


 55  As  stated  above,  Troy  State  had  30  days  from  public  notice  of  the  action  deletion  of  the  frequencies  at  issue  to 
 seek  reconsideration  of  that  action.  47  C.  F.  R.    1.106. 
 56  See  Troy  State  Reply  at  2. 
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 Federal  Communications  Commission  DA  00-  2 
 8 
 15.  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 
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