**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| INDUSTRIAL TELECOMMUNICATIONS    | ** |                              |
| ASSOCIATION, INC.                |    |                              |
|                                  | *  |                              |
| Petition for Modification of the | *) |                              |
| License of Hertz Corp. for       | ** |                              |
| Industrial/Business Private Land |    |                              |
| Mobile Radio Station WPIR684,    | *  |                              |
| Memphis, Tennessee               | *) |                              |
|                                  | ** |                              |
| and                              |    |                              |
|                                  | *  |                              |
| HERTZ CORP.                      | *) |                              |
|                                  | ** |                              |
| Licensee of Conventional         |    |                              |
| Industrial/Business Pool Radio   | *  |                              |
| Service Station WPIR684,         | *) |                              |
| Memphis, Tennessee               | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: October 23, 2002 Released: October 24, 2002**

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

# INTRODUCTION

1.  The Industrial Telecommunications Association, Inc. (ITA) requests
    that the Commission modify the above-captioned authorization granted
    to Hertz Corp. (Hertz).[^1] For the reasons set forth below, we
    grant the ITA's request to the extent that we initiate a proceeding
    to modify Hertz's license for Conventional Industrial/Business Pool
    Station WPIR684, Memphis, Tennessee, to delete frequency pair
    463/468.2650 MHz.

# BACKGROUND

2.  On October 19, 1995, the Licensing and Technical Analysis Branch of
    the Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau granted Hertz's application to operate
    Station WPIR684. The station was authorized to operate on six
    frequency pairs, including 463/468.2650 MHz.

3.  By letter dated October 19, 2001, ITA requests that the Commission
    determine the correct frequency for this system and issue a new
    authorization to reflect the appropriate frequency, or set aside
    Hertz's authorization if the correct frequency cannot be
    determined.[^2] Specifically, ITA argues that the subject
    authorization was granted in error because there is no allocation
    for the frequency pair 463/468.2650 MHz in either the
    Industrial/Business or Public Safety Pools according to current FCC
    rules.[^3] ITA contends that the authorization of this frequency
    pair to Station WPIR684 is encumbering the recommendation of 460 MHz
    frequencies within the range of this channel.[^4] Therefore, ITA
    urges the Commission to replace the frequency pair with a valid
    frequency pair or set aside the authorization.[^5]

# DISCUSSION 

4.  We believe that ITA's request is most properly characterized as an
    informal request for Commission action under Section 1.41 of the
    Commission's Rules.[^6] Hertz's operation on frequency pair
    463/468.2650 MHz has a potential to interfere with stations in its
    vicinity operating on properly assigned, adjacent channels. We
    conclude Hertz's application should not have been granted to the
    extent that such action authorized operation on an invalid frequency
    pair.

5.  We find that ITA's suggestion to set aside Hertz's authorization is
    unnecessary in the instant case because we have an alternative to
    ITA's proposed action. We believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^7] Section 316(a) permits the
    Commission to modify a station license if the action will promote
    the public interest, convenience, and necessity.[^8] In this
    connection, we note that proposed modification would serve the
    public interest by preserving the existing coverage areas of
    affected parties and preventing harmful interference, while not
    unduly disrupting Hertz's operations. We believe that a modification
    of the Hertz license to simply delete frequency pair 463/468.2650
    MHz without authorizing a replacement frequency pair is appropriate.

6.  As discussed above, the coordination of Hertz's application was
    defective because the subject frequency pair is not allotted for
    Industrial/Business or Public Safety Pool operations. Thus, we
    believe that a modification of the subject Hertz license for Station
    WPIR684 to delete frequency pair 463/468.2650 MHz is appropriate to
    preserve the existing coverage areas of affected parties and prevent
    harmful interference. In accordance with Section 1.87(a) of the
    Commission\'s Rules,[^9] we will not issue a modification order
    until Hertz has received notice of our proposed action and has had
    an opportunity to file a protest. To protest the modification, Hertz
    must, within thirty days of the release date of this *Memorandum
    Opinion and Order*, 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.[^10] If no protest is
    filed, Hertz 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 the grant of Hertz's
    application was defective to the extent that it authorized
    operations on frequency pair 463/468.2650 MHz. As a result, we
    believe that the license grant to Hertz for Station WPIR684 was
    defective with respect to such frequency. Accordingly, we propose
    the modification of Hertz's license for Station WPIR684 by deleting
    frequency pair 463/468.2650 MHz.

**V. ORDERING CLAUSES**

8.  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
    petition to modify the authorization of Station WPIR684, submitted
    by Industrial Telecommunications Association, Inc. on August 24,
    2000, IS GRANTED to the extent indicated above and IS OTHERWISE
    DENIED.

9.  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 license
    for Private Land Mobile Radio Service Station WPIR684, Memphis,
    Tennessee, held by Hertz Corp., BE MODIFIED by deleting frequency
    pair 463/468.2650 MHz.

10. IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested, to Hertz Corp.,
    5601 NW Expressway, Oklahoma City, Oklahoma 73132.

11. 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 dated October 19, 2001 and received October 30, 2001 from
    Richard F. Feser, Director, Spectrum Operations & Analysis, ITA, to
    Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public
    Safety and Private Wireless Division (ITA Letter).

[^2]: *See id*.

[^3]: *Id. See* 47 C.F.R. §§ 90.20, 90.35.

[^4]: *See* ITA Letter.

[^5]: *Id*.

[^6]: 47 C.F.R. § 1.41.

[^7]: 47 U.S.C. § 316(a)(1).

[^8]: *Id*.

[^9]: 47 C.F.R. § 1.87(a).

[^10]: 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).