**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                | *  |                              |
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| TERRY L. PFEIFFER               | ** |                              |
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| Licensee of Industrial/Business | *  |                              |
| Private Land Mobile Radio       | *) |                              |
| Station WPWH301, Malone, New    | ** |                              |
| York                            |    |                              |
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+---------------------------------+----+------------------------------+

**ORDER OF MODIFICATION**

**Adopted: December 17, 2004 Released: December 21, 2004**

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

1.  *Introduction.* In this *Order of Modification*, we modify the
    license of Terry L. Pfeiffer (Pfeiffer) for Industrial/Business Pool
    Station WPWH301, Malone, New York, by deleting frequency 152.870
    MHz. As explained in further detail below, we take this action
    pursuant to an earlier *Memorandum Opinion and Order* (*MO&O*)
    proposing to modify Pfeiffer's license.[^1]

2.  *Background.* On September 10, 2003, a representative of Industry
    Canada informed the Licensing and Technical Analysis Branch (Branch)
    of the former Public Safety and Private Wireless Division[^2] that
    several stations in Ontario licensed to Union Gas were receiving
    harmful interference to their communications on frequency 152.870
    MHz, and that Industry Canada had pinpointed the source of the
    interference to a U.S. station located near Malone, New York
    transmitting on frequency 152.870 MHz.[^3] Based on the information
    supplied by Industry Canada, agents from the Commission's
    Enforcement Bureau performed an inspection of Station WPHW301, which
    verified that Pfeiffer's station was the source of the interference
    to Union Gas's operations. In coordination with the Branch, Pfeiffer
    modified the Pfeiffer system in an effort to eliminate the
    interference, but Industry Canada reported that Union Gas continued
    to suffer harmful interference from Station WPWH301. Therefore, in
    the *MO&O,* we concluded that Pfeiffer's operation on frequency
    152.870 MHz was contrary to the public interest, and should cease in
    order to prevent interference to Union Gas.[^4] As a result, we
    proposed to modify Pfeiffer's license pursuant to Section 316 of the
    Communications Act of 1934, as amended,[^5] by removing frequency
    152.870 MHz.

3.  *Discussion.* In response, Pfeiffer states that Station WPWH301,
    which was licensed on November 15, 2002, operated without incident
    from December 2002 until the Branch received the complaint from
    Industry Canada in September 2003.[^6] Pfeiffer further asserts that
    the contact person in Canada identified by the Branch did not
    indicate to Pfeiffer that Union Gas was currently experiencing
    interference from Pfeiffer's operations, but instead stated that
    Union Gas wanted to expand its existing system, and believed that
    Station WPWH301 would cause interference to the expanded system.[^7]
    Pfeiffer also states that Industry Canada's field strength
    measurements were taken at the United States-Canada border, rather
    than at Union Gas's licensed sites.[^8] Pfeiffer argues that the
    facts do not support the conclusion in the *MO&O* that Union Gas was
    receiving harmful interference.

4.  Pfeiffer notes that three major utilities (Reliant Energy, St.
    Lawrence Gas, and Time Warner) are among the users of Station
    WPWH301, so, she argues, the Pfeiffer station serves the public
    interest as much as the Union Gas stations.[^9] She asserts that
    deleting a channel from her authorization for Station WPWH301 would
    result in severe overcrowding to the detriment of these users.[^10]
    Pfeiffer states that the loss of the channel would be particularly
    burdensome because frequency 152.870 MHz is Station WPWH301's
    control channel, so deleting this frequency would necessitate manual
    reprogramming of more than one thousand mobile units.[^11] She
    therefore contests the conclusion in the *MO&O* that Pfeiffer's
    operation on frequency 152.870 MHz is contrary to the public
    interest.

5.  We nonetheless conclude that it is appropriate to modify Pfeiffer's
    license to delete frequency 152.870 MHz. Pursuant to a bilateral
    agreement between the United States and Canada, U.S. stations above
    Line A[^12] in the border area are entitled to protection from
    cross-border stations only if the application for the station was
    coordinated with the other country.[^13] As noted in the *MO&O*, the
    Union Gas stations were coordinated with the United States, but
    Station WPWH301's operations on frequency 152.870 MHz were not
    coordinated with Canada.[^14] Therefore, the international agreement
    dictates that Station WPWH301's operations on frequency 152.870 MHz
    are secondary to any coordinated Canadian operations, such as those
    of Union Gas.[^15] If interference will be caused to a station
    entitled to protection, the interfering operations must be
    halted.[^16] Consequently, we affirm that it is in the public
    interest to modify Pfeiffer's license by deleting frequency 152.870
    MHz.

6.  ACCORDINGLY, IT IS ORDERED that, 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, the
    license for Private Land Mobile Radio Service Station WPWH301,
    Malone, New York held by Terry L. Pfeiffer, BE MODIFIED by deleting
    frequency 152.870 MHz.

7.  IT IS FURTHER ORDERED that this *Order of Modification* shall be
    sent by certified mail, return receipt requested, to Terry L.
    Pfeiffer, 6350 Bills Rd, Naples, NY 14512-9738.

8.  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]: *See* Terry L. Pfeiffer, *Memorandum Opinion and Order*, 19 FCC
    Rcd 7607 (WTB PSCID 2004) (*MO&O*). The instant *Order on
    Modification* supercedes a prior *Order of Modification* in this
    proceeding that modified Pfeiffer's license on the grounds that
    Pfeiffer did not assert any objection to the *MO&O*. *See* Terry L.
    Pfeiffer, *Order of Modification*, 19 FCC Rcd 12073 (WTB PSCID
    2004). It now appears, however, that Pfeiffer may not have received
    proper notice of the *MO&O*. Consequently, this *Order of
    Modification* addresses the objections that Pfeiffer asserted in
    response to the prior *Order of Modification.*

[^2]: The Commission reorganized the Wireless Telecommunications Bureau
    effective November 13, 2003, and the relevant duties of the Public
    Safety and Private Wireless Division were assumed by the Public
    Safety and Critical Infrastructure Division. *See* Reorganization of
    the Wireless Telecommunications Bureau, *Order*, 18 FCC Rcd 25414,
    25414 ¶ 2 (2003).

[^3]: *See* E-mail dated Sept. 10, 2003 from Pierre Gaudreau, Industry
    Canada, to Tracy Simmons. The harmful interference was being
    experienced by mobile units associated with the following Union Gas
    stations: Station VAJ579, Morrisburg, Ontario; Station VEK839,
    Bunker Hill, Ontario; Station VEK855, Cornwall, Ontario; Station
    XNG529, Cornwall, Ontario; and Station XNG530, South Mountain,
    Ontario. *Id.*

[^4]: *MO&O*, 19 FCC Rcd at 7608-09 ¶¶ 5-7.

[^5]: 47 U.S.C. § 316.

[^6]: *See* Supplement to Petition for Reconsideration at 2.

[^7]: *See id.*

[^8]: *See id.* at 2-3.

[^9]: *See id.* at 2, 7.

[^10]: *See id.* at 7.

[^11]: *See id.*

[^12]: *See* 47 C.F.R. § 2.1.

[^13]: *See* Exchange of Notes (October 24, 1962) Between the Government
    of Canada and the Government of the United States of America
    Concerning the Coordination and Use of Radio Frequencies Above
    Thirty Megacycles Per Second, Technical Annex, ¶ 4(a), (b) (revised
    June 16, 1965) (U.S.-Canada Agreement).

[^14]: *See MO&O*, 19 FCC Rcd at 7608 ¶ 5 & n.9. The U.S.-Canada
    Agreement allows stations to operate in the border area at a maximum
    of five watts effective radiated power without coordination. *See*
    U.S.-Canada Agreement at ¶ 4(a), (b).

[^15]: *See* Pend Oreille County, Washington Department of Emergency
    Management, *Order on Reconsideration*, 16 FCC Rcd 5293, 5295 n.18
    (WTB PSPWD 2001); Jan David Jubon, P.E., *Order on Reconsideration*,
    16 FCC Rcd 213, 215 ¶ 7 (WTB PSPWD 2001).

[^16]: *See* U.S.-Canada Agreement at ¶ 5.