**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | FCC File Nos. D099426,       |
|                                  | * | D099427                      |
| YELLOW CAB COMPANY, INC.         | ) |                              |
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| Petition for Reconsideration of  | * |                              |
| Dismissal of                     |   |                              |
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| Applications to Modify Licenses  | * |                              |
| in the 800 MHz                   | ) |                              |
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| Industrial/Land Transportation   | * |                              |
| Radio Service                    |   |                              |
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+----------------------------------+---+------------------------------+

**ORDER ON RECONSIDERATION**

**Adopted: January 27, 2000 Released: January 31, 2000**

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

1.  *Introduction*. On May 8, 1998, Yellow Cab Company, Inc. (Yellow
    Cab) filed two petitions with the Public Safety and Private Wireless
    Division (Division) requesting reconsideration of the action by the
    Licensing and Technical Analysis Branch (Branch) dismissing Yellow
    Cab's applications to modify its licenses for Stations WGPH481 and
    WNQL507.[^1] For the reasons discussed herein, we deny the petitions
    for reconsideration.

2.  *Background*. On December 23, 1997, Yellow Cab submitted two
    applications to notify the Commission of modifications to its
    licenses for 800 MHz Conventional Industrial/Land Transportation
    Radio Service Stations WPGH481, Washington D.C., and WNQL507,
    Baltimore, MD.[^2] For Station WPGH481, Yellow Cab submitted an
    application to notify the Commission that it was adding a second
    transmitter site on frequency 851.1357 MHz at Savage, MD.[^3] For
    Station WNQL507, Yellow Cab submitted an application to notify the
    Commission that it relocated frequency 851.7875 MHz from Baltimore,
    MD to Towson, MD.[^4] Yellow Cab provided engineering statement with
    the applications demonstrating that the new sites were entirely
    within the respective stations' existing 22 dBu contours.[^5] Yellow
    Cab did not submit evidence of frequency coordination with either
    application. On April 8, 1998, the Branch dismissed both
    applications for failure to comply with the frequency coordination
    requirements set forth in Section 90.175 of the Commission's
    Rules.[^6]

3.  *Discussion*. Yellow Cab argues that the applications did not
    require frequency coordination and were correctly filed pursuant to
    Section 90.693 of the Commission's Rules.[^7] Section 90.693(b)
    provides, in pertinent part, that incumbent 800 MHz licensees who
    obtained licenses or filed applications on or before December 15,
    1995, may add or modify transmitter sites within their original 22
    dBu contour without prior notification to the Commission, provided
    that (i) the original 22 dBu contour is not expanded and the station
    complies with the Commission's short-spacing rules, and (ii) the
    licensee notifies the Commission within thirty days of the
    completion of any changes by filing a modification application.[^8]
    The rule states that such applications must be submitted on the
    correct form and include the appropriate filing fee, if any, but are
    not subject to public notice or petition to deny requirements or
    mutually exclusive applications.[^9]

4.  We agree that Section 90.693(b) applies in the instant case, and
    that Yellow Cab is permitted to make minor modifications without
    prior approval of the Commission.[^10] However, all applications to
    modify private land mobile radio stations require evidence of
    frequency coordination.[^11] Yellow Cab fails to provide any support
    for its assertion that Section 90.693 eliminates the requirement of
    frequency coordination, [^12] and Section 90.693 does not contain
    any such language. Furthermore, Section 90.175 provides a list of
    the type of applications that do not require evidence of frequency
    coordination and, the list does not include modification
    applications submitted pursuant to Section 90.693.[^13] Therefore,
    Yellow Cab's subject modification applications, which lacked
    evidence of frequency coordination when submitted, were defective
    and, thus, were properly dismissed by the Branch.

5.  Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 309, and
    405 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 309,
    405, and Section 1.106 of the Commission's Rules, 47 U.S.C. § 1.106,
    the petitions for reconsideration filed by the Yellow Cab Company,
    Inc. on May 8, 1998, are DENIED.

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]: Yellow Cab Company, Inc., Petition for Reconsideration, FCC File
    No. D099426 (filed May 8, 1998) (Station WPGH481 Petition); Yellow
    Cab Company, Inc., Petition for Reconsideration, FCC File No.
    D099427 (filed May 8, 1998) (Station WNQL507 Petition).

[^2]: FCC File Nos. D099426, D099427 (filed December 23, 1997).

[^3]: *See* Station WPGH481 Petition at 1.

[^4]: *See* Station WNQL507 Petition at 1.

[^5]: Station WPGH481 Petition at 2; Station WNQL507 Petition at 2.

[^6]: *See* Letters from Kristen Stone, Licensing and Technical Analysis
    Branch, Public Safety and Private Wireless Division to Pamela Gaary,
    Esq., Counsel for Yellow Cab Company, Inc. (April 8, 1998).

[^7]: Station WPGH481 Petition at 2; Station WNQL507 Petition at 2.

[^8]: 47 C.F.R. § 90.693(b).

[^9]: *Id.*

[^10]: *See* Amendment of Part 90 of the Commission's Rules to
    Facilitate Future Development of SMR Systems in the 800 MHz
    Frequency Band*, Memorandum Opinion and Order on Reconsideration*,
    14 FCC Rcd 17556, 17569 ¶ 20 (1999).

[^11]: *See* 47 C.F.R. §§ 90.127(a), 90.175.

[^12]: Station WPGH481 Petition at 5; Station WQNL507 Petition at 5.

[^13]: *See* 47 C.F.R. § 90.175(i).