**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

CENTRAL FLORIDA SAFE )

AND LOCK CO., INC. )

)

Renewal of Authorization for )

Station KNGR538 )

**ORDER**

**Adopted:** November 10, 1999 **Released:** November 10, 1999

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

1\. *Introduction*. Central Florida Safe and Lock Co., Inc. (CFSL)
applied for renewal of its authorization for Station KNGR538. In is
renewal application, CFSL claimed that there was an error in the
frequencies shown on the renewal form and requested that they be changed
to reflect the frequencies that CFSL has been operating on since 1983.
For the reasons discussed below, we deny CFSL\'s request to change the
frequencies but will grant its renewal application for the frequencies
for which it is currently authorized.

2\. *Background*. On August 17, 1983, a license authorization was issued
to CFSL for operation of Station KNGR538 on 462/467.0750 MHz. On January
13, 1993, the license was renewed with an expiration date of March 31,
1998. On December 29, 1994, the license was modified to change
frequencies to 463/468.5500 MHz, with the expiration date remaining
March 31, 1998.

3\. On January 9, 1998, CFSL submitted a letter to the Commission, via
facsimile, stating that it received the renewal notice for Station
KNGR538, but that the indicated frequency pair, 463/468.5500 MHz, was
incorrect and should be changed to 462/467.0750 MHz.[^1] In the letter,
CFSL states that it called the Licensing and Technical Analysis Branch
of the Public Safety and Private Wireless Division and was informed that
the license was modified on December 29, 1994, to change the frequencies
to 463/468.5500 MHz. CFSL claims that it was unaware of this
modification and had not requested a change of frequency.

4\. CFSL further states that in August 1995, it began experiencing
interference from an unlicensed portable transmitter operating close to
its repeater. CFSL indicated that it contacted Motorola who suggested
that CFSL change frequencies. According to CFSL, it declined to pursue
Motorola's suggestion and the interference disappeared two days later.
CFSL also indicates that it turned down another request to change
frequencies about two months later.[^2] CFSL indicates that it suspects
a change to its license was processed without notifying or obtaining an
agreement from CFSL.[^3] To date, CFSL is still operating on
462/467.0750 MHz.

5\. Notwithstanding the fact that CFSL now argues that the change in
frequency was made by others without its consent, pursuant to Section
1.106(f) of the Rules, 47 C.F.R. § 1.106(f), CFSL had thirty days from
December 29, 1994, the date of the grant of the authorization, to notify
the Commission of any errors or discrepancies in its authorization. Not
having done so, we conclude that the CFSL request, dated January 9,
1998, to the extent that it seeks modification of the operating
parameters for Station KNGR538 is untimely; thus, the subject license
will remain as issued on December 29, 1994, with the frequency
463/468.5500 MHz. We will grant CFSL\'s renewal application with respect
to 463/468.5500 MHz. If CFSL wishes to modify its license to authorize
operation on 462/467.0750 MHz, it must file a modification application
with proper frequency coordination. If it intends to operate on that
frequency pending the filing and review of such a modification, it must
seek special temporary authority pursuant to Section 1.931(b) of the
Commission\'s Rules.[^4]

6\. Accordingly, IT IS ORDERED that pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. § 154(i), the request
to amend the frequencies for Station KNGR538, filed by Central Florida
Safe and Lock Co., Inc., on January 9, 1998, is DENIED, and the renewal
application will be GRANTED IN PART and DENIED IN PART to the extent
indicated herein.

7\. 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]:     ^?^Fax letter from Fred Moore, Central Florida Safe and Lock
    Co., Inc. to the Federal Communications Commission (dated January 9,
    1998).

[^2]:     ^?^*Id*.

[^3]:     ^?^*Id*. Due to an act of nature, the Commission\'s licensing
    records for Station KNGR538 were destroyed in a flood and are not
    retrievable.

[^4]:     ^?^47 C.F.R. § 1.931(b).