**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| INDUSTRIAL TELECOMMUNICATIONS    | ** |                              |
| ASSOCIATION, INC.,               |    |                              |
|                                  | *  |                              |
| GERALD R. WALKER                 | *) |                              |
|                                  | ** |                              |
| Licensee of Industrial/Business  |    |                              |
| Private Land Mobile Radio        | *  |                              |
| Station WPSV754, Chicago,        | *) |                              |
| Illinois                         | ** |                              |
|                                  |    |                              |
| Petitions for Modification of    | *  |                              |
| the License of\                  | *) |                              |
| RF Data, Inc. for                | ** |                              |
| Industrial/Business Private Land |    |                              |
| Mobile Radio Station WPTJ220,    | *  |                              |
| Chicago, Illinois                | *) |                              |
|                                  | ** |                              |
| # AND {#and .unnumbered}         |    |                              |
|                                  | *  |                              |
| RF DATA INC.                     | *) |                              |
|                                  | ** |                              |
| Licensee of Industrial/Business  |    |                              |
| Private Land Mobile Radio        | *  |                              |
| Station WPTJ220, Chicago,        | *) |                              |
| Illinois                         | ** |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: February 3, 2003 Released: February 7, 2003**

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

# INTRODUCTION

1.  The Industrial Telecommunications Association, Inc. (ITA), and
    Gerald R. Walker (Walker) request that the Commission modify the
    above-captioned authorization granted to RF Data Inc. (RF Data).[^1]
    For the reasons set forth below, we grant the ITA and Walker
    Requests to the extent that we initiate a proceeding to modify RF
    Data's license for Industrial/Business Pool Station WPTJ220,
    Chicago, Illinois, to delete frequency pair 471/474.3875 MHz.

# BACKGROUND

2.  On May 30, 2001, the Commission received an application from
    Gerald R. Walker to operate an Industrial/Business Pool Conventional
    (IG) station with ninety mobiles on the frequency pair 471/474.3875
    at 233 South Wacker Drive in Chicago, Illinois (Walker
    Application).[^2] The following day, May 31, 2001, the Commission
    received an application from RF Data to operate an
    Industrial/Business trunked (YG) station on the same frequency pair
    and transmitter site requested by the Walker Application, *i.e.,*
    471/474.3875 MHz at 233 South Wacker Drive, Chicago, Illinois) (RF
    Data Application).[^3] ITA, an FCC Commission-certified frequency
    coordinator for the Private Land Mobile Radio (PLMR) services,
    certified the RF Data Application.[^4] Thereafter, on August 3,
    2001, the Licensing and Technical Analysis Branch (Branch) of the
    Public Safety and Private Wireless Division (Division) granted the
    Walker Application under call sign WPSV754. On October 11, 2001, the
    Branch granted the RF Data Application under call sign WPTJ220.

3.  The Commission's Rules provide that PLMR frequencies between 470-512
    MHz may be assigned on a shared basis to multiple users in the same
    area until a channel pair is loaded to capacity.[^5] For
    Industrial/Business Pool systems, channel capacity is reached at 90
    mobile units.[^6] Once a frequency pair is fully loaded, the
    Commission's Rules provide that it may only be reassigned at a
    distance of at least 64 kilometers (40 miles).[^7] In this
    connection, Walker requests the deletion of frequency pair
    471/474.3875 MHz from RF Data's license[^8] because his
    earlier-granted license authorizes ninety mobile units on
    471/474.3875 MHz.[^9]

4.  On August 7, 2002, the Division directed ITA to prepare and submit a
    revised analysis of the best frequency configuration for RF Data's
    trunked stations WPTJ220.[^10] In response, ITA requests the
    cancellation of the license for Station WPTJ220.[^11] In support of
    its request, ITA agrees that the Commission's records reflect that
    the Walker Application was filed prior to the RF Data
    Application.[^12] RF Data also responded to the Division Letter by
    stating that Walker's Station WPSV754 is not constructed and that
    the Walker Request is "defective and must not be considered" because
    it was not served on RF Data nor filed with the Office of the
    Secretary as required for a petition for reconsideration.[^13]

# DISCUSSION

5.  We believe that the ITA Request and Walker Request (collectively
    "the Requests") are most properly characterized as informal requests
    for Commission action under Section 1.41 of the Commission's
    Rules.[^14] RF Data's assertion notwithstanding, the Walker Request
    need not be considered a petition for reconsideration for us to
    consider the merits thereof.[^15] We also find that RF Data's
    reference to Walker's pending request for extension of time to
    construct Station WPSV754 irrelevant to whether the grant of the
    frequency pair 471/474.3875 MHz to Station WPTJ220 was based on a
    defective frequency coordination and contrary to Section 90.313 of
    the Commission's Rules.[^16] Therefore, having concluded that the
    allegations in the requests are properly before us, we now proceed
    to resolve the matter.

6.  Based on the information before us, we conclude that the RF Data
    Application should not have been granted given that the Walker
    Application was earlier filed and had been granted to authorize
    ninety mobile units on frequency pair 471.474.3875 MHz. As discussed
    above, ITA's certification of the RF Data Application was defective
    because, under Section 90.313 of the Commission's Rules, the subject
    frequency pair should not have been frequency coordinated within 64
    kilometers (40 miles) of Walker's Station WPSV754. However, we find
    that ITA's suggestion to cancel RF Data's authorization is
    unnecessary in the instant case because we have an alternative to
    ITA's proposed action. We believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^17] Section 316(a) permits the
    Commission to modify a station license if the action will promote
    the public interest, convenience, and necessity.[^18] In this
    connection, we note that a proposed modification would serve the
    public interest by not unduly disrupting RF Data's operations on the
    second frequency pair authorized to Station WPTJ220. Thus, we
    believe that a modification of the RF Data license to delete the
    subject frequency pair without authorizing a replacement frequency
    pair is appropriate.

7.  Consequently, we propose to modify RF Data's license WPTJ220 to
    remove the frequency pair 471/474.3875 MHz. Trunked operation
    requires at least two frequency pairs and removal of this frequency
    pair from RF Data's license would leave one frequency pair on the
    license for Station WPTJ220----namely 452/457/000 MHz. Consequently,
    we further propose to modify the radio service of RF Data's license
    from Industrial/Business Pool, Trunked (YG), to Industrial/Business
    Pool, Conventional (IG). In accordance with Section 1.87(a) of the
    Commission\'s Rules,[^19] we will not issue a modification order
    until RF Data has received notice of our proposed action and has had
    an opportunity to file a protest. To protest the modification, RF
    Data must, within thirty days of the release date of this
    *Memorandum Opinion and Order*, submit a written statement with
    sufficient evidence to show that the modification would not be in
    the public interest. The protest must be filed with the Office of
    the Secretary, Federal Communications Commission, 445 Twelfth
    Street, S.W., Room TW-A325, Washington, DC 20554.[^20] If no protest
    is filed, RF Data will have waived its right to protest the
    modification and will be deemed to have consented to the
    modification.

**IV. CONCLUSION**

8.  For the reasons stated above, we conclude that the coordination of
    RF Data's application resulting in the grant of a license for
    Station WPTJ220, Chicago, Illinois was defective. Accordingly, we
    propose to modify RF Data's license for Station WPTJ220 to (1)
    delete all authority for 471.3875 MHz and 474.3875 MHz, and (2)
    revise the radio service class from YG to IG.

**V. ORDERING CLAUSES**

9.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.41 of the Commission's Rules, 47 C.F.R. § 1.41, that the
    informal petitions to modify the authorization of Station WPTJ220,
    submitted by Gerald R. Walker and the Industrial Telecommunications
    Association, Inc., on November 8, 2001 and August 22, 2002,
    respectively, ARE GRANTED to the extent indicated above and ARE
    OTHERWISE DENIED.

10. IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, 47 U.S.C. §§ 154(i), 316, and Section
    1.87 of the Commission\'s Rules, 47 C.F.R. § 1.87, that the license
    for Private Land Mobile Radio Service Station WPTJ220, Chicago,
    Illinois, held by RF Data Inc., BE MODIFIED by deleting frequency
    pair 471/474.3875 MHz and revising the radio service class from YG
    to IG.

11. IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested, to RF Data
    Inc., 4069 S Industrial Rd., Las Vegas, NV 89103 ATTN Samuel Moses.

12. 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

[^1]: Letter from Richard F. Feser, Director, Spectrum Operations
    Analysis, ITA, to D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, FCC, dated August 22, 2002 (ITA Request); Letter
    from Gerald R. Walker, Business Radio Licensing, to Mary Shultz,
    Chief, Licensing and Technical Analysis Branch, PSPWD, filed Nov. 8,
    2001 (Walker Request).

[^2]: FCC File No. 0000476869.

[^3]: File No. 0000478017.

[^4]: Frequency Coordination Number 20011010064758.

[^5]: 47 C.F.R. § 90.313(c).

[^6]: 47 C.F. R. § 90.313(b)(2).

[^7]: 47 C.F.R § 90.313(c).

[^8]: Walker Request at 1.

[^9]: *Id.*

[^10]: Letter from D'wana R. Terry, Public Safety and Private Wireless
    Division, FCC, to Jeremy Denton, Industrial Telecommunications
    Association, Inc. dated August 7, 2002 (Division Letter). In this
    connection, the Division noted that it appeared appropriate to
    modify RF Data's license by deleting the frequency pair 471/474.3875
    MHz.

[^11]: ITA explains that its records did not reflect the pending Walker
    Application at the time it certified the RF Data Application. ITA
    Request at 1. In this connection, ITA requests that "the Commission
    cancel the R. F. Data license WPJT220 and we will refund the
    coordination fees paid by that firm." *Id.*

[^12]: *See* ITA Request at 1.

[^13]: Letter from Thomas K. Kurain, President, RF Data, Inc. to Magalie
    Roman Salas, Secretary, FCC dated August 14, 2002 (RF Data Letter).

[^14]: 47 C.F.R. § 1.41.

[^15]: *See infra* notes Error: Reference source not found-Error:
    Reference source not found and accompanying text.

[^16]: RF Data Letter at 1 citing FCC File No. 0000994078, Gerald R.
    Walker, (Request for Extension of Time).

[^17]: 47 U.S.C. § 316(a)(1).

[^18]: *Id*.

[^19]: 47 C.F.R. § 1.87(a).

[^20]: The address for FCC locations should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission\'s Secretary are accepted only at our
    new location at 236 Massachusetts Avenue, N.E., Suite 110,
    Washington, D.C. 20002. Other messenger-delivered documents,
    including documents sent by overnight mail (other than United States
    Postal Service, Express Mail, and Priority Mail) should be addressed
    for delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743.
    *See* FCC Announces a New Filing Location for Paper Documents and a
    New Fax Number for General Correspondence, *Public Notice*, 16 FCC
    Rcd 22165 (2001).