**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

FORD COMMUNICATIONS )

)

Petition for Partial Reconsideration Filed by )

Industrial Telecommunications Association, Inc. )

of Grant of Authorization for Station WPMT971, )

# Edison Township, NJ )

# ORDER ON RECONSIDERATION

**Adopted: January 3, 2000 Released: January 10, 2000**

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

1\. On January 11, 1999, the Industrial Telecommunications Association,
Inc. (ITA), requested partial reconsideration of the December 23, 1998,
action by the Public Safety and Private Wireless Division, Licensing and
Technical Analysis Branch (Branch) granting the application of Ford
Communications (Ford) to operate Station WPMT971.[^1] For the reasons
set forth below, ITA's request is granted, and the license for Station
WPMT971 will be modified to delete frequencies 477/480.050 MHz and
477/480.075 MHz.

2\. On June 18, 1998, the County of Morris, New Jersey (Morris), a
Public Safety Pool eligible, applied for a number of 470-512 MHz band
General Access Pool frequencies, including frequencies 477/480.050 MHz
and 477/480.075 MHz.[^2] On August 26, 1998, Ford, an
Industrial/Business Pool eligible, applied for a number of 470-512 MHz
band General Access Pool frequencies, including the same two
channels.[^3] On October 28, 1998, the Branch granted the Morris
application for Station WPMP739. On December 23, 1998, the Branch
granted the Ford application for Station WPMT971. On January 11, 1999,
ITA, a frequency coordinator for the Industrial/Business Pool, requested
that the Branch review its grant of an authorization to Ford to use
frequencies 477/480.050 MHz and 477/480.075 MHz.

3\. ITA argues that granting those frequencies to Ford after they had
been granted to Morris violated the Commission's Rules.[^4] We agree. In
this regard, we note that Ford's base station is in Edison Township, New
Jersey, while Morris is authorized to use frequency 477/480.050 MHz at
Long Hill, New Jersey (which is 20.432 kilometers from Edison Township)
and to use frequency 477/480.075 MHz at Randolph, New Jersey (which is
37.184 kilometers from Edison Township). The mileage separation for
these frequencies between co-channel licensees in different service
categories is 64 kilometers.[^5] Thus, once the frequencies were
licensed to Morris, they were not available to Ford at the requested
locations in the absence of a waiver.

4\. Accordingly, IT IS ORDERED that, pursuant to the authority of
Sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934,
as amended, 47 U.S.C. §§ 154(i), 303(r), 332(a)(2), and Section 1.106 of
the Commission's Rules, 47 C.F.R. § 1.106, the petition for
reconsideration filed by the Industrial Telecommunications Association,
Inc. on January 11, 1999, IS GRANTED, and the license for Station
WPMT971 WILL BE MODIFIED to delete frequencies 477/480.050 MHz and
477/480.075 MHz.

5\. 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]: Letter from Richard F. Feser, ITA, to Federal Communications
    Commission (filed Jan. 11, 1999) (ITA Letter).

[^2]: FCC File No. A021115 (filed June 18, 1998).

[^3]: FCC File No. C005523 (filed Aug. 26, 1998).

[^4]: ITA Letter at 1

[^5]: 47 C.F.R. §§ 90.311(a)(2), 90.313(c).