**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| VSS ENTERPRISES, LLC             | ** |                              |
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| Licensee of Station KNNF731, Las | *  |                              |
| Vegas, Nevada                    | *) |                              |
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**ORDER OF MODIFICATION**

**Adopted: July 2, 2003 Released: July 3, 2003**

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

1.  *Introduction.* In this *Order of Modification*, we modify the
    license for trunked Business Radio Service Station KNNF731, Las
    Vegas, Nevada, held by VSS Enterprises, LLC (VSS). Specifically, we
    modify VSS's license by deleting frequency pairs of 896/935.8875 MHz
    and 899/938.4125 MHz. As explained in further detail below, we take
    this action pursuant to earlier orders proposing to modify VSS's
    license for frequency pairs 896/935.8875 MHz[^1] and 899/938.4125
    MHz.[^2]

2.  *Background.* In 1997, the FCC consented to and granted an
    assignment/modification application to assign the license for
    Station KNNF731 from Gold Coast Hotel and Casino to Showboat
    Operations, Inc. (Showboat), and to relocate the transmitter. While
    the modified license correctly listed the transmitter's new street
    address, there was a typographical error with respect to the
    geographic coordinates. Specifically, the requested latitude was
    **36**-09-19 North, but the modified license listed the latitude as
    **39**-09-19 North, a difference of approximately two hundred miles.
    The error resulted in the frequencies assigned to Station KNNF731 --
    namely, 898/937.4500 MHz, 899/938.4125 MHz, and 899/938.4250 MHz \--
    appearing to be unassigned in the Las Vegas area. In July 2000, the
    FCC consented to the assignment of the license for Station KNNF731
    from Showboat to VSS. On October 4, 2000, the FCC granted ReadyMix,
    Inc. (ReadyMix) a license to operate Station WPRI751, Las Vegas,
    Nevada, on frequency pair 899/938.4125 MHz, at a site approximately
    six miles from the actual site of Station KNNF731.

3.  On September 20, 2001, VSS filed an application to modify its
    license for Station KNNF731 to correct the latitude and to add
    frequency pair 896/935.8875 MHz.[^3] On January 22, 2002, the Public
    Safety and Private Wireless Division (Division), Licensing and
    Technical Analysis Branch granted VSS's modification application. On
    February 8, 2002, the Industrial Telecommunications Association,
    Inc. (ITA) requested rescission of the grant.[^4] ITA argued that
    the grant was improper with respect to frequency pair 899/938.4125
    MHz because VSS's requested location is too close to the authorized
    site of ReadyMix's Station WPRI751, and improper with respect to
    frequency pair 896/935.8875 MHz because the frequency pair already
    had been assigned to the American Association of Railroads (AAR) for
    nationwide geographic use.[^5] On March 6, 2002, VSS filed a
    response in which it conceded that assignment of the AAR frequency
    pair was improper.[^6]

4.  On December 2, 2002, the Division sent a letter to ITA, which
    coordinated ReadyMix's application for Station WPRI751, and the
    Personal Communications Industry Association (PCIA), which
    coordinated VSS's application for Station KNNF731.[^7] The Division
    asked the coordinators, pursuant to Sections 90.173, 90.175, and
    90.176(h) of the Commission's Rules,[^8] to determine whether the
    two stations could coexist at their current locations without
    unacceptable interference resulting, and, if not, what
    modification(s) of either or both licenses would minimize or
    eliminate such interference, with the least impact on the operations
    of the licensee(s).[^9] On December 20, 2002, PCIA responded that
    additional time was needed to determine whether the two stations
    could coexist, because VSS had not been fully utilizing frequency
    pair 899/938.4125 MHz.[^10] PCIA also stated that VSS was willing to
    compromise on its authorized technical parameters in order to reach
    an equitable solution to the matter,[^11] but that developing such a
    solution would require "real world testing."[^12] On February 13,
    2003, ITA informed the Division that no testing had taken place, and
    that VSS had commenced full-power full-time operations on frequency
    pair 899/938.4125 MHz, resulting in substantial interference to
    ReadyMix's operations.[^13] ITA reiterated its request that VSS's
    authorization to use frequency pair 899/938.4125 MHz be
    rescinded.[^14]

5.  In a *Memorandum Opinion and Order* released February 14, 2003, the
    Division proposed to modify VSS's license pursuant to Section 316 of
    the Communications Act of 1934, as amended (the Act),[^15] by
    deleting frequency pair 896/935.8875.[^16] We agreed with ITA and
    VSS that frequency pair 899/938.4125 MHz should not have been
    assigned to Station KNNF731 because VSS's operations are within
    AAR's protected zone, and VSS did not obtain AAR's concurrence.[^17]

6.  In a *Memorandum Opinion and Order* released April 4, 2003, the
    Division proposed to modify VSS's license pursuant to Section 316 of
    the Act by deleting frequency pair 899/938.4125 MHz.[^18] We
    concluded that, in light of the totality of the circumstances, such
    an action would serve the public interest by preserving the existing
    coverage areas of VSS and ReadyMix and preventing harmful
    interference, while not unduly disrupting VSS's operations, as VSS
    has two additional frequency pairs on which to continue
    operation.[^19]

7.  *Discussion.* A copy of each *Memorandum Opinion and Order* was sent
    by certified mail, return receipt requested to VSS with the
    requirement that any protest thereto be submitted within thirty days
    of its receipt.[^20] VSS did not protest either proposed
    modification of its license within the requisite time frame.[^21]
    Therefore, VSS is deemed to have consented to the proposed
    modifications.[^22] Based upon our record in this matter, we
    conclude that it would be in the public interest to modify VSS's
    license for Station KNNF731 by deleting frequency pairs 896/935.8875
    MHz and 899/938.4125 MHz.

8.  ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 316(a) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    316(a) and Section 1.87 of the Commission's Rules, 47 C.F.R. § 1.87,
    that the license for Station KNNF731, Las Vegas, Nevada, held by VSS
    Enterprises, LLC IS MODIFIED effective thirty days from the release
    of this *Order of Modification* by deleting frequency pairs
    896/935.8875 MHz and 899/938.4125 MHz.

9.  IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested to VSS
    Enterprises Inc., P.O. Box 98138, 2800 Fremont Street, Las Vegas,
    Nevada 89193-8138.

10. 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]: *See* Industrial Telecommunications Association, Inc., *Memorandum
    Opinion and Order*, 18 FCC Rcd 1919 (WTB PSPWD 2003) (*VSS-AAR
    Order*)*.*

[^2]: *See* VSS Enterprises, LLC, *Memorandum Opinion and Order*, 18 FCC
    Rcd 6225 (WTB PSPWD 2003) (*VSS-ReadyMix Order).*

[^3]: FCC File No. 0000598897 (filed Sept. 20, 2001, amended Oct. 4,
    2001 and Jan. 15, 2002).

[^4]: Letter from Ronald G. Franklin, Director, Spectrum Operations and
    Analysis, ITA, to Mary Shultz, Federal Communications Commission
    (received Feb. 8, 2002).

[^5]: *Id.* at 1-2 (citing Petition of Association of American Railroads
    (AAR) for Modification of Licenses for Use in Advanced Train Control
    Systems and Positive Train Control Systems, *Order*, 16 FCC Rcd 3078
    (WTB PSPWD 2001)). ITA also challenged grant of the modification
    application with respect to frequency pairs 898/937.4500 MHz and
    899/938.4250 MHz. The issues regarding those frequency pairs have
    been resolved. *See* Sunset Bus and Commercial, Inc., *Order*, 18
    FCC Rcd 1815, 1817 ¶ 6 (WTB PSPWD 2003).

[^6]: VSS Opposition to Petition for Reconsideration at 1 (filed Mar. 6,
    2002).

[^7]: Letter dated Dec. 2, 2002 from D'wana R. Terry, Chief, Public
    Safety and Private Wireless Division, to Industrial
    Telecommunications Association and Personal Communications Industry
    Association (Division Letter).

[^8]: 47 C.F.R. §§ 90.173, 90.175, 90.176(h).

[^9]: Division Letter at 1-2.

[^10]: Letter dated Dec. 20, 2002 from Don Andrew, Personal
    Communications Industry Association, to D'wana R. Terry, Chief,
    Public Safety and Private Wireless Division.

[^11]: *Id.* at 1.

[^12]: *Id.*

[^13]: Letter dated Feb. 13, 2003 from Ronald G. Franklin, Industrial
    Telecommunications Association, to Peter Waltonen, Public Safety and
    Private Wireless Division.

[^14]: *Id.* at 2.

[^15]: 47 U.S.C. § 316.

[^16]: *VSS-AAR Order*, 18 FCC Rcd at 1920 ¶ 4.

[^17]: *Id.* at 1920 ¶ 3.

[^18]: *VSS-ReadyMix Order*, 18 FCC Rcd at 6228 ¶ 8.

[^19]: *Id.*

[^20]: 47 C.F.R. § 1.87(a).

[^21]: 47 C.F.R. § 1.87(g)(1).

[^22]: 47 C.F.R. § 1.87(H); *see also VSS-AAR Order*, 18 FCC Rcd at 1920
    ¶ 4; *VSS-ReadyMix Order*, 18 FCC Rcd at 6228 ¶ 9*.*