A Texas electric company has asked the Federal Communications Commission to revoke personal communications services licenses owned by PrimeCo Personal Communications L.P.
Brazos Electric Power Cooperative Inc. has accused the PCS carrier of failing to honor its commitment to relocate all of the power company’s 2 GHz microwave paths in Texas prior to launching PCS service in 1996.
Westlake, Texas-based PrimeCo said it plans to file a response to the complaint. “We disagree with a lot of points in the complaint,” said Catarina Wylie, spokeswoman for PrimeCo.
Brazos claims PrimeCo induced it into an agreement during the voluntary negotiation period to provide a comprehensive, system-wide relocation of its 82 microwave paths. Once a handful of paths of interest to PrimeCo were relocated, the PCS operator abandoned the project, and refused to proceed, saying the project as too expensive, claimed Brazos.
“Brazos is encouraging the commission to assess the character of PrimeCo as a PCS licensee in light of its conduct in dealing with Brazos Electric as a microwave licensee,” Brazos stated in its complaint. “If PrimeCo is permitted to retain its PCS licenses, the message is unmistakable-PCS licensees are above the FCC process, and the commission’s relocation rules and procedures are unenforceable and meaningless.”
Brazos is asking the commission to determine whether PrimeCo acted in bad faith and abused the FCC’s voluntary negotiation process when it negotiated a system-wide relocation process with Brazos. It is urging the commission to show why PrimeCo’s licenses should not be revoked.
Brazos also has filed a breach of contract lawsuit against PrimeCo in a Texas district court.
