**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| NORTHERN INDIANA PUBLIC SERVICE  | ** |                              |
| COMPANY                          |    |                              |
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| Petition for Revocation of the   | *) |                              |
| Frequency 936.7500 MHz licensed  | ** |                              |
| to Private Land Mobile Radio     |    |                              |
| Station WPRM224, Chicago,        | *  |                              |
| Illinois                         | *) |                              |
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| and                              |    |                              |
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| ESP LEASING CORP.                | *) |                              |
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| Licensee of Station WPRM224,     |    |                              |
| Chicago, Illinois                | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER PROPOSING MODIFICATION**

**Adopted: February 7, 2005 Released: February 10, 2005**

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

1.  *Introduction.* Northern Indiana Public Service Company (NIPSCO)
    requests that the Commission revoke the above-captioned
    authorization granted to ESP Leasing Corp. (ESP) for operation on
    frequency 936.7500 MHz, on the grounds that ESP's Station WPRM224,
    Chicago, Illinois, does not afford the required interference
    protection to NIPSCO's Station WNVR291, Crown Point, Indiana.[^1]
    For the reasons stated below, we treat NIPSCO's petition as an
    informal request for Commission action pursuant to Section 1.41 of
    the Commission's Rules,[^2] and initiate a proceeding to modify
    ESP's license for Station WPRM224 to delete frequency pair
    936/897.7500 MHz.

2.  *Background.* NIPSCO is authorized to operate on frequency 936.7500
    MHz under Call Sign WNVR291. It is authorized to operate on the
    associated mobile frequency 897.7500 MHz under Call Sign WPAH495.
    The license for Station WPAH495 authorizes mobile operations within
    a 257-kilometer (160 mile) radius around a specific center point,
    but the license for Station WPAH495 specifies a center point that
    differs from the coordinates of Station WNVR291's transmitter.[^3]

3.  On February 17, 2004, NIPSCO requested revocation of ESP's
    authorization on frequency 936.7500 MHz.[^4] NIPSCO stated that its
    Station WNVR291 is experiencing harmful interference from ESP's
    operations on frequency 936.7500 MHz,[^5] and that ESP's station is
    short-spaced to Station WNVR291 in violation of Section 90.621(b)(4)
    of the Commission's Rules.[^6] Because ESP's application[^7] for
    Station WPRM224 was coordinated by the Personal Communications
    Industry Association (PCIA),[^8] the Wireless Telecommunications
    Bureau's Public Safety and Critical Infrastructure Division on July
    6, 2004, directed PCIA to provide information on its coordination of
    ESP's application, and on the coordination of applications for
    Chicago Messenger Service's Station WNVA726, Chicago, Illinois,[^9]
    and Veterans Messenger Service's Station WNVA727, Chicago,
    Illinois,[^10] both of which also were authorized[^11] to operate on
    frequency pair 936/897.7500 MHz at the same location (the Sears
    Tower) as Station WPRM224.[^12]

4.  On August 4, 2004, PCIA responded that, because of the passage of
    time, it could not determine with certainty why the three stations
    were short-spaced to Station WNVR291, but suggested that the
    individual(s) who coordinated the applications may have viewed
    NIPSCO's Station WNVR291 as a remote or satellite station component
    of a wide-area system centered around Station WPAH495.[^13] Under
    those circumstances, the coordinations would have been appropriate
    because the center point for Station WPAH495 is not short-spaced to
    the Sears Tower, and remote or satellite stations are licensed on a
    secondary basis.[^14] PCIA stated that it was unable to determine
    when Station WPAH495 (the mobile frequency) was linked to Station
    WNVR291 (the base station frequency).[^15]

5.  On November 3, 2004, NIPSCO filed comments on the letter submitted
    by PCIA.[^16] NIPSCO provided copies of its original licensing
    records to demonstrate that Stations WNVR291 and WPAH495 were linked
    together from the time of original licensing. It also provided
    copies of correspondence between its coordinator, the Special
    Industrial Radio Service Association (now known as the Industrial
    Telecommunications Association (ITA)), and the National Association
    of Business and Educational Radio, Inc. (which later merged with,
    and became known as, PCIA) demonstrating interservice frequency
    coordination of the NIPSCO stations. NIPSCO asserts that this
    correspondence shows that PCIA had knowledge that Stations WNVR291
    and WPAH495 were linked together when the application for ESP's
    Station WPRM224 was coordinated.[^17]

6.  Combining the information provided by PCIA and NIPSCO with data in
    our licensing records, we have determined that the sequence of
    events regarding licensing of the stations at issue proceeded as
    follows:

-   On June 7, 1991, the Commission licensed Station WNWN286 to Chicago
    Messenger Service on frequency 936.7500 MHz at coordinates 42-06-20
    N./88-22-46 W.

-   On August 13, 1992, the Commission licensed Stations WNVR291 and
    WPAH495 to NIPSCO. At this point, the authorizations did not include
    frequency pair 936/897.7500 MHz, but the stations were linked.

-   On January 7, 1993, ITA submitted modification applications on
    behalf of NIPSCO to the Commission to add frequency 936.7500 MHz to
    the license for Station WNVR291 and frequency 897.7500 MHz to the
    license for Station WPAH495. The applications were granted on June
    14, 1993. Station WNVR291 was not short-spaced to Station WNWN286.

-   On April 12, 1994, PCIA submitted applications for Veterans
    Messenger Service and Chicago Messenger Service in Chicago, Illinois
    for stations located at the Sears Tower.[^18] Neither application
    requested frequency 936.7500 MHz. The applications were granted on
    October 3, 1994 under Call Signs WNVA726 and WNVA727, respectively.

-   On June 2, 1994, PCIA submitted an application for Chicago Messenger
    Service to modify its license for Station WNWN286 to relocate the
    transmitter to the Sears Tower.[^19] The application was granted on
    September 27, 1994, resulting in short-spacing relative to Station
    WNVR291.

-   On September 27, 1994, Veterans Messenger Service was granted a
    license for Station WNWG683, Bensonville, Illinois, which authorized
    operation on frequency 936.7500 MHz.

-   On December 9, 1996, PCIA submitted an application from Chicago
    Messenger Service to merge the license for Station WNWN286 with the
    license for Station WNVA727, thereby adding frequency 936.7500 MHz
    to the Station WNVA727 authorization. On the same date, PCIA also
    submitted an application from Veterans Messenger Service to merge
    the license for Station WNWG683 with the license for Station
    WNVA726, thereby adding frequency 936.7500 MHz to the Station
    WNVA726 authorization. The applications were granted on April 1,
    1997.

-   On October 16, 2000, PCIA submitted an application from ESP to
    operate on frequency 936.7500 MHz, among others, from the Sears
    Tower.[^20] ESP stated that the station would use the existing
    trunked system operating under Call Sign WNVA727. The application
    was granted to ESP on November 14, 2000 under Call Sign WPRM224.

7.  *Discussion.* We believe that NIPSCO's request is most properly
    characterized as an informal request for Commission action under
    Section 1.41 of the Commission's Rules.[^21] It appears that the
    September 27, 1994 grant of the authorization to relocate Chicago
    Messenger Service's Station WNWN286 to the Sears Tower was
    improvident because, due to a faulty coordination, it authorized
    operation on a previously assigned frequency pair within a
    113-kilometer radius. We also conclude that the subsequent
    authorization of frequency pair 936/897.7500 MHz at the Sears Tower
    to ESP's Station WPRM224 was likewise improvident due to a defective
    coordination that resulted in short-spacing relative to NIPSCO's
    Station WNVR291.

8.  We agree with NIPSCO[^22] that Section 316(a)(1) of the Act provides
    the appropriate vehicle for resolving this matter.[^23] Section
    316(a) permits the Commission to modify a station license if the
    action will promote the public interest, convenience, and
    necessity.[^24] We note that the modification of license we propose
    herein would serve the public interest by preserving the existing
    coverage areas of affected parties and preventing harmful
    interference, while not unduly disrupting the operations of ESP,
    which is currently licensed on several other frequencies. We include
    the associated mobile frequency 897.7500 MHz in this order because
    it is assigned with frequency 936.7500 MHz as a pair.[^25] Thus, we
    believe that modification of the license for Station WPRM224 to
    delete frequency pair 936/897.7500 MHz, without providing a
    replacement frequency, will preserve the existing coverage areas of
    affected parties, resolve harmful interference to NIPSCO, and
    prevent further harmful interference, with minimal effect on ESP.

9.  In accordance with Section 1.87(a) of the Commission\'s Rules,[^26]
    we will not issue a modification order until ESP has received notice
    of our proposed action and had an opportunity to file a protest. To
    do so, ESP must, within thirty days of the release date of this
    *Order Proposing Modification*, 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.[^27] If no protest
    is filed, ESP will have waived its right to protest the modification
    and will be deemed to have consented thereto.

10. *Conclusion.* For the reasons stated above, we conclude that the
    coordination and grant of ESP's application was defective because it
    authorized operations on frequency pair 936/897.7500 MHz at the
    Sears Tower, resulting in short-spacing with NIPSCO's Station
    WNVR291. Accordingly, we propose to modify ESP's license for Station
    WPRM224 to delete frequency pair 936/897.7500 MHz.

11. 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
    petition to modify the authorization of Station WPRM224, submitted
    by Northern Indiana Public Service Company on February 17, 2004,
    treated herein as an informal request for Commission action, IS
    GRANTED to the extent indicated above and IS OTHERWISE DENIED.

12. 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 WPRM224, Chicago,
    Illinois, held by ESP Leasing Corp., BE MODIFIED by deleting
    frequencies 936.7500 and 897.7500 MHz.

13. IT IS FURTHER ORDERED that this *Order Proposing Modification* shall
    be sent by certified mail, return receipt requested, to ESP Leasing
    Corp., 9126 Ogden Ave., Brookfield, Illinois 60513, Attention:
    Robert Barcal.

14. 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
>
> Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: Petition for Revocation (filed Feb. 17, 2004) (Petition).

[^2]: 47 C.F.R. § 1.41.

[^3]: The distance between the transmitter for Station WNVR291 and the
    center point for Station WPAH495 is 65.34 miles (105.15 kilometers).

[^4]: *Petition* at 1.

[^5]: *Id*.

[^6]: 47 C.F.R. § 90.621(b)(4). The rule provides that a spacing of at
    least 113 kilometers be maintained between co-channel stations, but
    NIPSCO and ESP's base stations are separated by only 56.3
    kilometers.

[^7]: FCC File No. A061624.

[^8]: Frequency Coordination No. 202580505. PCIA is now known as
    PCIA---The Wireless Infrastructure Association.

[^9]: PCIA Frequency Coordination No. 963320056, FCC File No. D064339.

[^10]: PCIA Frequency Coordination No. 963320057, FCC File No. D064340.

[^11]: The licenses for Stations WNVA726 and WNVA727 subsequently
    expired without being renewed.

[^12]: *See* Letter dated July 6, 2004 from Herbert W. Zeiler, Deputy
    Chief, Public Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau, to PCIA.

[^13]: Letter dated Aug. 4, 2004 from Don Andrew, Manager, PCIA
    Frequency Coordination Services, to Tom Eng, Public Safety and
    Critical Infrastructure Division, Federal Communications Commission
    (PCIA Letter).

[^14]: 47 C.F.R. § 90.631(g).

[^15]: *See* PCIA Letter at 2.

[^16]: NIPSCO Comments on PCIA Letter (filed Nov. 3, 2004).

[^17]: *Id*. at 5.

[^18]: PCIA Frequency Coordination No. 940940210, FCC File No.
    9404663832; and PCIA Frequency Coordination No. 940940209, FCC File
    No. 9404663831.

[^19]: PCIA Frequency Coordination No. 941460058, FCC File No.
    9406670150.

[^20]: PCIA Frequency Coordination No. 202580505, FCC File No. A061624.

[^21]: 47 C.F.R. § 1.41.

[^22]: *See* NIPSCO Comments on PCIA Letter at 5.

[^23]: 47 U.S.C. § 316(a)(1).

[^24]: *Id*.

[^25]: *See* 47 C.F.R. § 90.613.

[^26]: 47 C.F.R. § 1.87(a).

[^27]: 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).