Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| TOWN OF SURF CITY, NORTH         | ** |                              |
| CAROLINA                         |    |                              |
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| Request to Set Aside In Part the | *) |                              |
| August 11, 2000, Action          | ** |                              |
| Concerning Public Safety Pool    |    |                              |
| Station KNCX731, Hempstead,      | *  |                              |
| North Carolina                   | *) |                              |
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| Surf City Volunteer Fire         | *) |                              |
| Department,                      | ** |                              |
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| Surf City, North Carolina        | *  |                              |
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#### ORDER OF MODIFICATION

**Adopted: November 26, 2002 Released: November 29, 2002**

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

1.  *Introduction.* In this *Order of Modification*, we modify the
    license for Public Safety Pool, Conventional Station KNCX731,
    Hampstead, North Carolina. Specifically, we modify the Surf City
    Volunteer Fire Department's (Department) license by removing the
    Department as licensee and restoring the Town of Surf City (Town) as
    the licensee for Station KNCX731. As explained in further detail
    below, we take this action pursuant to an earlier order proposing to
    modify the Department's license.[^1]

2.  *Background.* In the *Modification Proposal*, based upon our
    analysis, we concluded that a Department application filed on August
    11, 2000, the grant of which resulted in renewal and modification of
    the subject license for Station KNCX731, was defective because the
    Department was not authorized to modify or renew the license for
    Station KNCX731.[^2] We found that we were unable to set aside the
    grant of the Department's application because we did not receive the
    Town's request until almost two months after the application was
    granted. As a result, we proposed to modify the Department's license
    pursuant to Section 316 of the Communications Act of 1934, as
    amended,[^3] by reissuing the license to the Town of Surf City.[^4]
    In this connection, we tentatively concluded that the proposed
    modification would serve the public interest by restoring the
    license to the Town and indicating that the town was the licensee of
    record for Station KNCX731.

3.  *Discussion.* A copy of the *Modification Proposal Order* was sent
    to the Department with the requirement that any protest thereto be
    submitted within thirty days of its receipt.[^5] The Department did
    not protest the proposed modification of its license within the
    requisite time frame.[^6] Therefore, the Department is deemed to
    have consented to the proposed modification.[^7] Based on the record
    in this matter, we conclude that it would be in the public interest
    to modify the Department's license for Station KNCX731, Hampstead,
    North Carolina by reissuing the license in the name of the Town of
    Surf City.[^8]

4.  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 licensee for Public Safety Pool Station KNCX731 IS
    MODIFIED to identify the Town of Surf City, Town of Surf City Fire
    Department, P.O. Box 2475, Surf City, NC 28445, telephone (910)
    328-0175, facsimile (910) 328-4005, as the licensee, and Chief
    Robert J. Chace, Town of Surf City Fire Department, P.O. Box 2475,
    Surf City, NC 28445, telephone (910) 328-0175, facsimile (910)
    328-4005, as the contact representative.

5.  IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested to the Surf City
    Volunteer Fire Department, Attn: Chief Demetrius Batts, 101 Deer Run
    Drive, Surf City, NC 28445.

6.  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* Letter from Chief, Public Safety and Private Wireless
    Division, Wireless Telecommunications Bureau, to Mr. Patrick A.
    Thomas, Town Manager (w/copy to Surf City Vol. Fire Dept.) (Dec. 26,
    2001) (*Modification Proposal*).

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

[^3]: 47 U.S.C. § 316.

[^4]: 47 U.S.C. § 316(a). Section 316(a) requires that we notify the
    affected station(s) of the proposed modification(s), the public
    interest reasons for the action, and afford at least 30 days to
    respond.

[^5]: 47 C.F.R. § 1.87(a).

[^6]: 47 C.F.R. § 1.87(g)(1).

[^7]: 47 C.F.R. § 1.87(h); *see also Modification Proposal* at 3.

[^8]: 47 C.F.R. § 1.87(i).