**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| LONG BEACH UNIFIED SCHOOL        | ** |                              |
| DISTRICT                         |    |                              |
|                                  | *  |                              |
| Licensee of Industrial/Business  | *) |                              |
| Private Land Mobile Radio        | ** |                              |
| Station WNIT941, Signal Hill,    |    |                              |
| California                       | *  |                              |
|                                  | *) |                              |
| # and                            | ** |                              |
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| FCI 900, INC.                    | *  |                              |
|                                  | *) |                              |
| Licensee of Industrial/Business  | ** |                              |
| Private Land Mobile Radio        |    |                              |
| Stations WPKX764 and WPSL997,    | *  |                              |
| Nob Hill, California             | *) |                              |
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**ORDER PROPOSING MODIFICATION**

**Adopted: June 2, 2006 Released: June 5, 2006**

By the Chief, Public Safety and Critical Infrastructure Division,
Wireless Telecommunications Bureau

1.  *Introduction.* On August 21, 2003, the Long Beach Unified School
    District (Long Beach)[^1] requested that the Commission rescind the
    grant of the license for 800 MHz Industrial/Business Private Land
    Mobile Radio Station WPSL997, Nob Hill, California. For the reasons
    set forth below, we initiate a proceeding to modify the licenses for
    Station WPSL997 and Station WPKX764, Nob Hill, California, to delete
    frequency pair 935/896.225 MHz.

2.  *Background.* Under the Commission's Rules, co-channel stations in
    the 935-940 MHz band must be separated by at least seventy miles
    unless the prior licensee concurs or the applicant provides an
    analysis demonstrating that the proposed station meets certain
    transmitter power and antenna criteria for short spacing.[^2] Long
    Beach has been authorized to operate conventional
    Industrial/Business Station WNIT941 at Signal Hill, California on
    frequency pair 935/896.225 MHz since at least 1987. On August 1,
    1995, Jack Aguilar (Aguilar) was authorized to operate trunked
    Industrial/Business Station WPHN783 at a site on Nob Hill,
    California, on, *inter alia*, the same frequency pair.[^3] On
    September 11, 1997, Radiowave Communications (Radiowave) was
    authorized to operate trunked Industrial/Business Station WPKX764 at
    the same site on, *inter alia*, the same frequency pair.[^4] On June
    18, 2001, RF Pocketcomm was authorized to operate trunked
    Industrial/Business Station WPSL997 at the same site on, *inter
    alia*, the same frequency pair.[^5] The Nob Hill stations appear to
    be part of a trunked community repeater. Although the Signal Hill
    and Nob Hill sites are approximately sixty-six miles apart, Aguilar,
    Radiowave, and RF Pocketcomm did not obtain Long Beach's concurrence
    or submit a short-spacing analysis.

3.  On February 1, 2002, Long Beach's license for Station WNIT941 was
    modified to add a transmitter operating on frequency pair
    935/896.225 MHz on a secondary basis at the Long Beach Water
    Department Tank Farm (Tank Farm), approximately sixty-eight miles
    from Nob Hill.[^6] The Long Beach application included a letter from
    RF Pocketcomm agreeing to Long Beach being licensed on a
    non-interfering basis, but did not include concurrence from
    Radiowave.[^7] Long Beach indicates that it was not aware of any
    co-channel stations on Nob Hill until it sought to add the Tank Farm
    site, and was informed by its frequency coordinator that it needed
    RF Pocketcomm's concurrence.[^8]

4.  On August 21, 2003, Long Beach requested that the Commission rescind
    the grant of RF Pocketcomm's license for Station WPSL997, on the
    grounds that the station violates the co-channel separation
    requirements of Section 90.621(b) of the Commission's Rules, and
    neither the applicant nor PCIA performed the requisite short-spacing
    analysis or obtained Long Beach's concurrence.[^9] RF Pocketcomm
    responded that Long Beach should not have been authorized to operate
    on frequency pair 935/896.225 MHz at Signal Hill because the
    co-channel Nob Hill community repeater was licensed first, and that
    Long Beach should not have been authorized to operate at the Tank
    Farm without Radiowave's concurrence.[^10] RF Pocketcomm also
    pointed out that Long Beach did not claim to have received any
    interference from the Nob Hill community repeater.[^11] Long Beach
    replied that it is nonetheless harmed by the existence of the
    co-channel Nob Hill licenses because it has to obtain concurrence in
    order to expand or modify its system.[^12]

5.  On April 6, 2005, the Wireless Telecommunications Bureau's Public
    Safety and Critical Infrastructure Division (Division) sent a letter
    to the Personal Communications Industry Association (PCIA),[^13]
    with copies to RF Pocketcomm and its counsel, regarding Long Beach's
    request.[^14] The Division concluded, based on the record before it,
    that PCIA's coordination of RF Pocketcomm's application to use
    frequency pair 935/896.225 MHz at Nob Hill did not comply with the
    Commission's co-channel separation requirements.[^15] PCIA was
    instructed to respond within thirty days with a recommended solution
    to the short-spacing situation created by the grant of these
    applications.[^16] RF Pocketcomm was requested to then indicate
    whether it would voluntarily file an application to modify its
    license in accordance with PCIA's recommendation.[^17] The Division
    stated that if the situation could not be resolved by voluntary
    license modification, license modification under Section 316(a) of
    the Communications Act of 1934, as amended,[^18] might provide the
    appropriate vehicle for resolving this matter.[^19]

6.  On May 3, 2005, PCIA recommended modifying the license for Station
    WPSL997 by deleting frequency pair 935/896.225 MHz.[^20] In support
    of its recommendation, PCIA stated there were no assignable
    replacement frequencies available, and attempts to short space
    pursuant Section 90.621 of the Commission's Rules[^21] were not
    successful.[^22] The Division received no response from RF
    Pocketcomm indicating whether it would voluntarily file an
    application to modify its license in accordance with PCIA's
    recommendation.

7.  On October 19, 2005, Radiowave filed an application to assign the
    license for Station WPKX764 to FCI 900, Inc. (FCI 900).[^23] On
    October 20, 2005, RF Pocketcomm filed an application to assign the
    license for Station WPSL997 to FCI 900.[^24] The Division consented
    to the WPSL997 assignment on October 21, 2005, and it was
    consummated on January 18, 2006.[^25] The Division consented to the
    WPKX764 assignment on November 3, 2005, and it was consummated on
    February 13, 2006.[^26]

8.  *Discussion.* We believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^27] Section 316(a) permits the
    Commission to modify a station license if the action will promote
    the public interest, convenience, and necessity.[^28] In this
    connection, we note that deleting frequency pair 935/896.225 MHz
    from FCI 900's licenses for Stations WPSL997 and WPKX764 should not
    unduly disrupt FCI 900's operations, because operations could
    continue on the other frequency pairs authorized to those stations.
    Thus, we believe that a modification of the FCI licenses to delete
    the subject frequency pair without authorizing a replacement
    frequency pair is appropriate.

9.  Consequently, we propose to modify FCI's licenses for Stations
    WPSL997 and WPKX764 to delete frequency pair 935/896.225 MHz.
    Trunked operation requires at least two frequency pairs and removal
    of this frequency pair from FCI's licenses would leave four
    frequency pairs on the licenses. In accordance with Section 1.87(a)
    of the Commission\'s Rules,[^29] we will not issue a modification
    order until FCI 900 has received notice of our proposed action and
    has had an opportunity to file a protest. To protest the
    modification, FCI 900 must, within thirty days of the release date
    of this *Order Proposing Modification*, submit a written statement
    with sufficient evidence to show that the modification 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, DC 20554.[^30] If no protest
    is filed, FCI 900 will waive its right to protest the modification,
    and will be deemed to have consented to the modification.

10. *Conclusion and Ordering Clauses.* For the reasons stated above, we
    conclude that the coordination of the applications resulting in the
    grant of licenses for Stations WPSL997 and WPKX764, Nob Hill,
    California, to operate on frequency pair 935/896.225 MHz was
    defective. Accordingly, we propose to modify FCI 900's licenses for
    Station WPSL997 and WPKX764 to delete authority for frequencies
    896.225 MHz and 935.225 MHz.

11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Section 1.41 of the Commission's Rules, 47 C.F.R. § 1.41, that the
    informal request submitted by the Long Beach Unified School District
    on August 19, 2003 IS GRANTED to the extent indicated above.

12. IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, 47 U.S.C. §§ 154(i), 316, and Section
    1.87 of the Commission\'s Rules, 47 C.F.R. § 1.87, that the licenses
    of FCI 900 Inc. for Private Land Mobile Radio Service Stations
    WPSL997 and WPKX764, Nob Hill, California, BE MODIFIED by deleting
    frequency pair 935/896.225 MHz.

13. IT IS FURTHER ORDERED that this *Order Proposing Modification* shall
    be sent by certified mail, return receipt requested, to FCI 900,
    Inc., 2001 Edmund Halley Dr., Reston, VA 20191, Attn: Robin J.
    Cohen.

14. 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
>
> Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: Letter dated August 19, 2003 from Frederick J. Day, counsel for
    Long Beach Unified School District to Mary M. Shultz, Chief,
    Licensing and Technical Analysis Branch, Public Safety and Private
    Wireless Division (Long Beach Request). The Commission reorganized
    the Wireless Telecommunications Bureau effective November 13, 2003,
    and the relevant duties of the Public Safety and Private Wireless
    Division were assumed by the Public Safety and Critical
    Infrastructure Division. *See* Reorganization of the Wireless
    Telecommunications Bureau, *Order*, 18 FCC Rcd 25414, 25414 ¶ 2
    (2003).

[^2]: *See* 47 C.F.R. § 90.621(b).

[^3]: *See* FCC File No. 696328.

[^4]: *See* FCC File No. D065398.

[^5]: *See* FCC File No. 0000414489.

[^6]: *See* FCC File No. 0000654029.

[^7]: Aguilar's license for Station WPHN783 had expired by this time.

[^8]: *See* Long Beach Request at 2; *see also* Reply to Opposition
    filed by Long Beach Unified School District at 4 (dated Sept. 16,
    2003).

[^9]: Long Beach Request at 1-2.

[^10]: *See* Opposition filed by James L. Crawford d/b/a RF Pocketcomm
    at 3-5 (filed Sept. 4, 2003). RF Pocketcomm's assertion that the Nob
    Hill community repeater was licensed before Station WNIT941 appears
    to be based on the fact that the license for Long Beach's current
    Signal Hill location was granted on February 16, 2000. We note,
    however, that Long Beach was previously authorized to operate on
    Signal Hill, and modified its license in 2000 to relocate the
    transmitter approximately two hundred feet. *See* FCC File No.
    A040430 (filed Nov. 30, 1999). Even before the relocation, Station
    WNIT941 was within seventy miles of the Nob Hill community repeater.

[^11]: Further Opposition filed by filed James L. Crawford d/b/a RF
    Pocketcomm at 2 (filed Oct. 8, 2003).

[^12]: Reply to Further Opposition filed by Long Beach Unified School
    District (filed Oct. 21, 2003).

[^13]: PCIA coordinated the Aguilar, Radiowave, and RF Pocketcomm
    applications. PCIA Coordination Nos. 942900905, 963300081,
    210470516. PCIA also coordinated Long Beach's modification
    application. PCIA Coordination No. 20012270010.

[^14]: Letter dated April 6, 2005 from Michael J. Wilhelm, Chief, Public
    Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau, to Don Andrew, Personal Communications
    Industry Association, Frequency Coordination Department (Division
    Letter).

[^15]: *Id.* at 2-3.

[^16]: *Id.* at 3-4.

[^17]: *Id.* at 3.

[^18]: 47 U.S.C. § 316(a).

[^19]: Division Letter at 3.

[^20]: *See* Letter dated May 3, 2005 from Don Andrew, Manager, PCIA
    Frequency Coordination Services to Melvin Spann and Tracy Simmons,
    Federal Communications Commission at 2 (PCIA Letter).

[^21]: 47 C.F.R. §90.621(d).

[^22]: *See* PCIA Letter at 2.

[^23]: FCC File No. 0002352370.

[^24]: FCC File No. 0002349509.

[^25]: FCC File No. 0002452244.

[^26]: FCC File No. 0002481738.

[^27]: 47 U.S.C. § 316(a)(1).

[^28]: *Id*.

[^29]: 47 C.F.R. § 1.87(a).

[^30]: 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).