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PleadingHeader for numbered pleading paperP@n   $] X X` hp x (#%'0*,.8135@8:=~>>iV@header;Ax 4 <D  #FxX  Pg9CXP# reference<;#FxX  Pg9CXP#itemizeX1=&V 8F ` hp xr#FxX  Pg9CXP#header2>I ` hp x`    #FxX  Pg9CXP# 2G?^A@OOCA DXEheading 3?F` hp x #FxX  Pg9CXP# footer!@!!#d\  PCP#CitatorFormat Secretary's Citator Output FileAW r5-#d6X@`7Ͽ@# XX  X B r5-S  BТy.X80,X\  P6G;P7jC:,9Xj\  P6G;XP7nC:,|Xn4  pG;X\5hC:,%2Xh*f9 xr G;XXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""Z Gx {O' " ԍId. According to PetroCom, Motorola indicated that the resources to outfit SmartZone equipment for a  x satellite backbone application as originally anticipated by PetroCom "would not be made available for at least 2 years, if ever."> This required PetroCom  xto seek an alternative means of backhauling its SMR services. PetroCom states that it began  Xy4 xdiscussions with Shell regarding use of digital facilities on Shell's platforms.TZy Gx {O' "A ԍId. at 23. PetroCom alleges that it commenced meetings with Shell in the fall of 1995, shortly after  xD learning that Shell had filed an application with the Commission to construct a digital backbone system for its oil platforms in the Gulf of Mexico. T Because Shell's  Xb4 x/applications were subject to a petition to deny, negotiations were delayed until September 1996,  xwhen Shell's applications were granted. PetroCom now states that it expects to finalize an  x}agreement with Shell and commence construction of backhaul facilities at the Shell sites in early  X41997.;Gx {O#'ԍId. ;  X4"t,-(-(ZZ"  X'D IV. DISCUSSION   X4 "\8. Section 319(b) of the Communications Act of 1934, as amended, and section 90.167(c)  xEof the Commission's rules provide that extensions of time will be granted where the licensee  X4 xshows that the failure to commence service is due to causes beyond its control.aGx yO'ԍ47 U.S.C.  319(b); 47 C.F.R.  90.167(c).a Section  X4 xV90.167(c) further states, in part, that "no extensions will be granted for delays caused by lack of  xfinancing, lack of site availability, for the assignment or transfer of control of an authorization,  X_4or for failure to timely order equipment."J_XGx yOh 'ԍ47 C.F.R.  90.167(c).J  X14 "q9. We find that PetroCom has made the requisite showing to warrant an extension of  xtime. First, we believe that PetroCom has demonstrated that construction of SMR facilities in  xthe Gulf imposes unique burdens beyond the licensee's control that are not present in the case  x3of landbased SMR systems. These include the seasonal nature of construction on Gulf platforms,  xpthe difficulty of obtaining access to remote sites in midocean, and the technical requirements of designing and constructing a waterbased system.  " 10. We also conclude that an extension is justified in light of PetroCom's need to develop  xan alternative backhaul mechanism for its system. PetroCom was unable to implement its  xoriginal plan for satellitebased backhaul because of Motorola's decision not to devote resources  xto the reconfiguration of the sustem. We conclude that PetroCom responded to this situation  xreasonably and diligently in seeking to negotiate an alternative arrangement for backhaul with  xShell. As a result of these negotiations, PetroCom has been able to obtain firm pricing  X4 x+commitments for capacity and site locations.PGx yO'ԍPetroCom Supplement at 3.P However, PetroCom points out that the new  xbackbone configuration will require some modifications to its original system plan, including  xpurchase of new equipment and relocation of some facilities to Shell platform sites already on  X4 xthe backbone.ZxGx {O' " ԍ Id. PetroCom submits that "such installation requires additional planning and resources, purchase of digital  x microwave equipment, review of Shell platform sites that are part of the digital backbone, reengineering the system  yO|'design, and coordinating the installation of SMR and digital equipment." Ġ We believe that PetroCom has shown that the technological changes that it will  X4 xneed in order to utilize Shell's digital backbone are significant enough to lend additional support to its request for additional time.  Xe4 " 11. We also conclude that grant of the extension will serve the public interest by  x<promoting better service and more wireless competition in the Gulf. In its decision denying the  X74 xcextension, the Land Mobile Branch stated that if PetroCom failed to construct its stations within"7,-(-(ZZ+"  X4 xE12 months, it could participate in 800 MHz auctions to obtain other frequencies.IGx yOy'ԍ LMB Letter at 3.I However,  x while the Commission has adopted rules for geographic area licensing and auctions for landbased  xSMR services, it has not yet proposed to extend geographic area licensing to SMR service in the  xVGulf. As a result, it could be some time before this alternative would be available to PetroCom.  x&Because the rulemaking process has not yet been initiated with respect to future licensing of SMR  xin the Gulf, and because PetroCom has shown good cause for an extension, we believe PetroCom should be given the opportunity to complete its system.  XH4w  V. CONCLUSION AND ORDERING CLAUSE S \  " 12. Having reviewed PetroCom's pleadings filed in this matter, we conclude that grant  xof PetroCom's request for extension of time in which to construct its facilities will serve the  x<public interest, convenience, and necessity. Specifically, we find that PetroCom has committed  xsubstantial resources toward construction of its SMR facilities, is currently ready to deploy  x<equipment, and would provide much needed dispatch communication services to the oil industry in the Gulf of Mexico.  " 13. Accordingly, IT IS ORDERED that, the Petition for Reconsideration filed by  x Petroleum Communications, Inc. IS GRANTED. IT IS FURTHER ORDERED that PetroCom's  xJtime to complete construction and commence operation of the referenced facilities IS EXTENDED up to and including October 30, 1997.  "u 14. This action is taken pursuant to authority delegated in Sections 0.241 and 0.331 of the Commission's Rules, 47 C.F.R.  0.241 and 0.331. ` `   XX` ` X XMichele C. Farquhar, Chief(#  XN4XX` ` X XWireless Telecommunications Bureau