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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) CITY OF AUSTIN, TEXAS ) File Nos. 798459 and 798460 ) Request for Extension of Time to ) Construct Multiple Address System ) Stations WNTT963 and WNTT964 ) ORDER Adopted: February 24, 1998 Released: February 24, 1998 By the Acting Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. The City of Austin, Texas (City of Austin) has submitted a petition for reconsideration of a decision by the Microwave Branch (Branch), Licensing Division, Wireless Telecommunications Bureau, denying its request to further extend the construction period for Multiple Address System (MAS) Stations WNTT963 and WNTT964, authorized to operate on the 928/952.25625 MHz and 928/952.56875 MHz bands, respectively. In its petition for reconsideration, the City of Austin seeks postponement of the Branch's request for return of the subject authorizations by May 11, 1997, until a decision is reached on its petition. For the reasons discussed herein, we conclude that the City of Austin Petition should be granted, the authorizations for Stations WNTT963 and WNTT964 should be reinstated, and the City of Austin should be permitted additional time to construct these facilities. II. BACKGROUND 2. The City of Austin is in the process of implementing a computerized Water Distribution Control System (WDCS). According to the City of Austin, the WDCS is crucial to enable the city to exercise centralized control of its water distribution facilities and more efficiently manage the distribution of the city's water resources, especially under emergency conditions. The City of Austin believes that MAS radio technology is the optimum method of data telemetry communications to remote water facilities. In order to build an efficient and effective MAS and to ensure adequate coverage of all of its water distribution facilities, the City of Austin has applied for numerous MAS station authorizations, including authorizations for Stations WNTT963, WNTT964, WNTT965, WNTT966, WNTT967, WNTT968, WPJD345, and WPJD346. 3. On January 26, 1994, the City of Austin was granted authorizations for Stations WNTT963 and WNTT964. Pursuant to these authorizations, the City of Austin was required to have these stations fully constructed and operational by January 26, 1995. Since that time, the City of Austin has requested four extensions of the initial construction deadline. The Branch received the City of Austin's first extension of time request on March 24, 1995. On May 10, 1995, the Branch granted the requested extension and gave the City of Austin until October 1, 1996, to finish constructing the aforementioned stations. The Branch received the City of Austin's second extension of time request on February 21, 1996. On October 1, 1996, the Branch granted the City of Austin a second extension until April 1, 1997. Both of these extensions were granted because of compelling contractor and system design problems. 4. On December 6, 1996, the City of Austin submitted a third request for an extension of the construction deadline. This request also applied to Stations WPJD345 and WPJD346. The City of Austin explained that it was not realistic for its contractor to place the subject stations in operation by the April 1, 1997, deadline. The City of Austin claims that, on December 8, 1996, it was told by Commission staff to postpone submitting a formal request for extension of the authorizations for MAS Stations WNTT963, WNTT964, WNTT965, WNTT966, WNTT967, and WNTT968, until no earlier than one month before the April 1, 1997, deadline. However, because the City of Austin's authority to operate was scheduled to expire shortly for Stations WPJD345 and WPJD346, the City of Austin, pursuant to Commission instruction, amended its December 6, 1996, extension request to cover only Stations WPJD345 and WPJD346. Effective December 16, 1996, the City of Austin was granted until October 1, 1997, to finish constructing MAS Stations WPJD345 and WPJD346. 5. The City of Austin submitted a fourth extension of time request on March 21, 1997. In this request, the City of Austin sought to extend the construction deadline for Stations WNTT963, WNTT964, WNTT965, WNTT966, WNTT967, and WNTT968 to October 1, 1997. On April 11, 1997, the Branch, pursuant to Section 101.63 of the Commission's Rules, denied the City of Austin's March 21, 1997, extension request for these MAS stations. The Branch determined that the authorizations had cancelled automatically and requested the return of the authorizations, explaining that the "extension request d[id] not provide sufficient justification to further extend the construction period." On May 8, 1997, the City of Austin filed a petition for reconsideration of the Branch's action but only with regard to Stations WNTT963 and WNTT964. On the same day, the City of Austin returned the authorizations for Stations WNTT965, WNTT966, WNTT967, and WNTT968 for cancellation due to failure to construct the facilities. Stations WPJD345 and WPJD346 were constructed and are currently in operation. III. DISCUSSION 6. The City of Austin provides additional detailed information in its petition for reconsideration regarding circumstances which have changed since its March 21, 1997, extension of time request. Specifically, the City of Austin states that the antennas and coaxial cable are now installed at the MAS master radio sites. In addition, the City of Austin states that the stations at issue can be constructed and operational within one month. This evidence was not available at the time the Commission ruled on the fourth extension request. As a result, we find that the City of Austin has met the requirements of Sections 1.106(b)(2)(i) and (c) of the Commission's Rules. 7. Moreover, we think that it is in the public interest to grant the City of Austin's request for an extension of time within which to complete construction of Stations WNTT963 and WNTT964. Based upon the City of Austin's representations, we believe that the City of Austin only requires a short extension of time to make its MAS facilities operational. We also believe that if the City of Austin is granted an extension, then the subject MAS stations will be fully constructed and operational in an expeditious manner. Further, although the City of Austin's history with respect to the construction of Stations WNTT963 and WNTT964 has not been productive, we are mindful of the critical role that these MAS stations will play in the City of Austin's water distribution system. In light of the specific use planned for these MAS facilities and the City of Austin's commitment to complete construction of such facilities within a one-month period, we believe that the public interest would be served by granting the City of Austin Petition. Therefore, the City of Austin is granted an extension of time until April 24, 1998, to meet the Commission's construction and operational requirements, as set forth in Section 101.63 of the Commission's Rules. Thus, the authorizations for MAS Stations WNTT963 and WNTT964 are reinstated and do not have to be returned to the Commission. However, failure to begin operation by April 24, 1998, will result in the automatic cancellation of the authorizations and the requirement of their return to the Commission within five days after the expiration of the construction period specified in this Order. IV. C ONCLUSION 8. By this Order, we grant the City of Austin's request for an extension of time to meet the Commission's construction and operational requirements governing Stations WNTT963 and WNTT964, reinstate the authorizations, and rescind the outstanding request for the return of the MAS authorizations WNTT963 and WNTT964. The City of Austin has shown good cause for such an extension by including additional construction information that was not part of its earlier March 21, 1997, extension request. In addition, granting the extension request is in the public interest because it facilitates adequate coverage of the City of Austin's complete water distribution system. V. ORDERING CLAUSES 9. IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Sections 1.106 and 101.63(d) of the Commission's Rules, 47 C.F.R.  1.106 and 101.63(d), the petition for reconsideration of the City of Austin IS GRANTED. The City of Austin IS GRANTED an extension of time until April 24, 1998, by which time the City of Austin shall have constructed and put into operation Stations WNTT963 and WNTT964, as set forth in Section 101.63 of the Commission's Rules. In addition, the authorizations for Stations WNTT963 and WNTT964 ARE REINSTATED. 10. This action is taken pursuant to delegated authority as set forth in Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331. 11. For further information on this matter contact Todd Lantor, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0680. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Acting Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau j:\mas\austin62-24-98 draft