Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| GRAND TRUNK WESTERN RAILROAD     | ** |                              |
| COMMUNICATIONS DEPARTMENT        |    |                              |
|                                  | *  |                              |
| Licensee of Multiple Address     | *) |                              |
| System Station WPQX327, Toledo,  | ** |                              |
| Ohio                             |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: April 29, 2002 Released: May 1, 2002**

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

# INTRODUCTION

1.  On November 2, 2000, Grand Trunk Western Railroad Communications
    Department (Grand Trunk) was granted authorization to operate
    Multiple Address System (MAS) Station WPQX327, in the area of
    Toledo, Ohio. For the reasons set forth below, on our own motion, we
    initiate a proceeding to modify Grand Trunk's license to bring the
    license into compliance with an international agreement.

# BACKGROUND

2.  On August 13, 1991, the Commission announced that the United
    States/Canada Radio Technical Liaison Committee (RTLC)[^1] had
    finalized an arrangement concerning the use of the 928-929 MHz and
    952-953 MHz bands, spectrum principally designated for MAS, in the
    vicinity of the United States and Canadian border.[^2] Pursuant to
    the terms of the Arrangement, the spectrum is divided into three
    pools: one pool for primary use by the United States, one pool for
    primary use by Canada, and one pool to be shared between the two
    countries on a first-in-time basis.[^3] Specifically, the
    Arrangement provides, *inter alia*, that Canada has full use of the
    frequencies within the 928.5-928.75 MHz and 952.5-952.75 MHz
    bands.[^4] The Arrangement further provides that the United States
    may also use these frequencies in the vicinity of the United States
    and Canadian border (the "coordination zone") on an unprotected
    basis, provided its stations are limited to a power flux density
    (pfd) of --100 dBW/m² at or beyond the Canadian border.[^5]

3.  On August 7, 2000, Grand Trunk filed an application for
    authorization to operate an MAS station on frequencies
    928.58125/952.58125 MHz in Toledo, Ohio.[^6] Comsearch provided
    frequency coordination for Grand Trunk's application.[^7] Comsearch
    determined that Grand Trunk's proposed system met the geographic
    separation requirements between existing MAS facilities set forth in
    Section 101.103 of the Commission's Rules and that it would not
    interfere with any existing, applied-for or proposed point-to-point
    systems in the 932-941 MHz and/or 952-959 MHz band.[^8] The record
    does not show that there was any consideration of the Arrangement
    even though Grand Trunk proposed to operate the station in the
    coordination zone. The Public Safety and Private Wireless Division's
    Licensing and Technical Analysis Branch granted Grand Trunk's
    application on November 11, 2000.

# DISCUSSION

4.  Upon further review, we conclude that Grand Trunk's application to
    operate a MAS station on frequencies 928.58125/952.58125 MHz in
    Toledo, Ohio was improperly granted.[^9] We believe that the
    authorized parameters for Station WPQX327 are inconsistent with the
    provisions of the Arrangement. Specifically, Station WPQX327 is
    authorized to operate on Canadian exclusive frequencies in the
    vicinity of the United States and Canadian border on a primary basis
    without a pfd limitation. As stated earlier, United States entities
    may only operate on the Canadian exclusive frequencies in the
    coordination zone if the operation is secondary to any Canadian
    operation and the pfd is limited to --100 dBW/m².[^10] Therefore,
    the authorization must be set aside or modified.

5.  We note that the period to set aside Grand Trunk's authorization has
    passed.[^11] We therefore believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^12] Section 316(a) provides,
    *inter alia*, that the Commission may modify a station license if
    "such action will promote the public interest, convenience and
    necessity."[^13] We propose to modify the authorization for Grand
    Trunk's Station WPQX327 by adding the following special
    conditions: (1) operation is secondary to any existing or future
    Canadian co-channel station and (2) the maximum pfd value produced
    by the station may not exceed --100 dBW/m² at or beyond the Canadian
    border. In this connection, we note that the proposed modification
    would promote the public interest, convenience and necessity by
    permitting Grand Trunk to continue operating Station WPQX327 in full
    compliance with the provisions of the Arrangement.[^14]

6.  As discussed above, Grand Trunk's Station WPQX237 was improperly
    authorized. Thus, we believe that the proposed modification of the
    station's license so that it is in full compliance with the
    Arrangement is appropriate. In accordance with Section 1.87(a) of
    the Commission\'s Rules,[^15] we will not issue a modification order
    until Grand Trunk has received notice of our proposed action and has
    had an opportunity to interpose a protest. To protest the
    modification, Grand Trunk must, within thirty days of the release
    date of this *Memorandum Opinion and Order*, submit a written
    statement with sufficient evidence to show that modification of its
    license 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, D.C.
    20554.[^16] If no protest is timely filed, Grand Trunk will have
    waived its right to protest the modification and will be deemed to
    have consented to the modification.

**IV. CONCLUSION**

7.  For the reasons stated above, we conclude that Grand Trunk's
    application was improperly authorized. Accordingly, we propose to
    modify Grand Trunk's license to (1) specify that operation is
    secondary to any existing or future Canadian co-channel interference
    and (2) prohibit any operation which would produce a pfd exceeding
    --100 dBW/m² at or beyond the U.S./Canadian border.

**V. ORDERING CLAUSES**

8.  ACCORDINGLY, IT IS PROPOSED that, pursuant to Sections 4(i) and
    316(a) of the Communications Act of 1934, 47 U.S.C. §§ 154(i),
    316(a), and Section 1.87 of the Commission\'s Rules, 47 C.F.R. §
    1.87, the license for Multiple Access System Station WPQX327, held
    Grand Trunk Western Railroad Communications Department, BE MODIFIED
    by adding the following special conditions to the license: (1)
    operation is secondary to any existing or future Canadian co-channel
    station and (2) the maximum power flux density value produced by the
    station may not exceed --100 dBW/m² at or beyond the United
    States/Canadian border.

9.  IT IS FURTHER ORDERED pursuant to Section 4(i) Communications Act of
    1934, as amended, 47 U.S.C. § 154(i), and Section 1.87(i) of the
    Commission\'s Rules, 47 C.F.R. § 1.87(i) that this *Memorandum
    Opinion and Order* shall be served by certified mail, return receipt
    requested upon Grand Trunk Western Railroad Communications
    Department, Attention: Mark Ryon, 700 Pershing Street, Pontiac,
    Michigan 48340-2699.

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]: The RTLC is a joint FCC/DOC (Canada's Department of
    Communications) committee responsible for examining technical issues
    concerning the use of radio by the United States and Canada.

[^2]: *See* United States and Canada Sign Arrangement Concerning the Use
    of the 928-929 and 952-953 MHz Bands in the Vicinity of the United
    States and Canadian border, *Public Notice*, DA 91-999 (rel. Aug.
    13, 1991) (*Arrangement PN*).

[^3]: Arrangement Between the Department of Communications of Canada and
    the Federal Communications Commission of the United States of
    America Concerning the Use of the Bands 928 to 929 and 952 to 953
    MHz Along the United States-Canada border at 1 (1991) (Arrangement).

[^4]: *Id.*

[^5]: *Id.* at 2.

[^6]: *See* FCC File No. 0000206766 (filed Aug. 7, 2000).

[^7]: *Id*, Attachment at 1.

[^8]: *Id.*

[^9]: *Id*.

[^10]: Arrangement at 2.

[^11]: See 47 C.F.R. §§ 1.113(a), 1.117.

[^12]: 47 U.S.C. § 316(a)(1).

[^13]: *Id*.

[^14]: Absent such modification, we believe that we would have to pursue
    revocation procedures in order to effect compliance with the
    Arrangement's provisions. *See* 47 U.S.C. § 312(a); 47 C.F.R. §
    1.91.

[^15]: 47 C.F.R. § 1.87(a).

[^16]: 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).