**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | FCC File No. 0001743928      |
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| RF DATA, INC.                    | ** |                              |
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| Application for Modification of  | *  |                              |
| Authorization for Station        | *) |                              |
| WPMN889, Good Springs, Nevada    | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: January 26, 2007 Released: January 29, 2007**

By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau::

1.  On May 20, 2004, RF Data, Inc. (RF Data) filed an application to
    modify the license for Station WPMN889, Good Springs, Nevada, to
    change its authorized emission from 20K0F3E (frequency-modulated,
    single-channel digital voice with a 20.0 kHz bandwidth) to 20K2F9W
    (frequency-modulated, multi-channel digital and analog voice and
    data with a 20.2 kHz bandwidth).[^1] For reasons discussed below, we
    dismiss the modification application.

2.  The WPMN889 license authorizes operation on frequencies between
    150.935 MHz and 159.765 MHz. Section 90.209(b)(5) of the
    Commission's Rules, however, provides for a maximum authorized
    bandwidth of 20 kHz for Private Land Mobile Radio Service stations
    operating in the 150-174 MHz band.[^2] Thus, it would violate
    Section 90.209(b)(5) to authorize a 20.2 kHz emission bandwidth for
    Station WPMN889, as requested in the modification application. RF
    Data did not request a waiver of Section 90.209(b)(5) in conjunction
    with the modification application.

3.  Section 1.934(d) of the Commission's Rules specifies that an
    application is defective, and as such subject to dismissal, if,
    *inter alia*, it "requests an authorization that would not comply
    with one or more of the Commission\'s rules and does not contain a
    request for waiver of these rule(s),...." We find that the captioned
    modification application from RF Data requests authorization of
    operational parameters that would not comply with Section
    90.209(b)(5) of the Commission's Rules and does not contain a
    request for waiver of that rule. We therefore dismiss the
    modification application without prejudice[^3] pursuant to Section
    1.934(d).[^4]

4.  For reasons set forth above, IT IS ORDERED, pursuant to the
    authority of Sections 4(i) and 303(i) of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 154(i), 303(i), and Section 1.934 of
    the Commission's Rules, 47 C.F.R. § 1.934, that the application for
    modification of authorization for Station WPMN889 filed by RF Data,
    Inc. on May 20, 2004 IS DISMISSED without prejudice.

5.  IT IS FURTHER ORDERED that, pursuant to the authority of Sections
    4(i) and 303(i) of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 154(i), 303(i), and Section 1.41 of the Commission's
    Rules, 47 C.F.R. § 1.41, the Request for Dismissal filed by the
    California State Automobile Association on August 9, 2004, and
    supplemented by Supplement to Request for Dismissal filed the
    California State Automobile Association on September 13, 2004, IS
    GRANTED TO THE EXTENT STATED HEREIN.

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

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

[^1]: *See* FCC File No. 0001743928. Emission designators are listed in
    Section 2.201 of the Commission's Rules, 47 C.F.R. § 2.201.

[^2]: *See* 47 C.F.R. § 90.209(b)(5).

[^3]: Our action herein is without prejudice to RF Data filing a new
    modification application seeking authority for Station WPMN889 to
    use the 20K2F9W emission as proposed in the subject application,
    provided that such new application is accompanied by a sufficient
    request for waiver of Section 90.209(b).

[^4]: *See* 47 C.F.R. § 1.934(d). We note that on August 9, 2004, the
    California State Automobile Association (CSAA) filed a Request for
    Dismissal of the modification application, arguing that the
    modification application should be dismissed for a number of
    reasons, including the failure to request a waiver of Section
    90.209(b)(5). *See* Letter dated August 6, 2004, from John A.
    Prendergast and D. Cary Mitchell, Counsel to CSAA, to Marlene H.
    Dortch, Secretary, FCC (Request for Dismissal), as supplemented by
    Letter dated September 10, 2004 (and filed September 13, 2004), from
    John A. Prendergast and D. Cary Mitchell, Counsel to CSAA, to
    Marlene H. Dortch, Secretary, FCC. Having determined that the
    modification application is subject to dismissal as defective,
    pursuant to Section 1.934(d), because the requested authorization
    would violate Section 90.209(b)(5), we need not, and do not, reach
    those other issues discussed in the request for Request for
    Dismissal and responsive pleadings. We note that CSAA makes
    allegations in its Request for Dismissal that it also has made
    elsewhere regarding RF Data's basic qualifications to be a
    Commission licensee and an alleged discontinuance of operation at
    Station WPMN889. *See* Request for Dismissal at 2-3. Our action here
    is not intended to prejudice the resolution of any such issue still
    pending before the Commission. We also note that CSAA's request that
    the Commission revoke any conditional temporary authority under
    which RF Data may be operating Station WPMN889 with emission 20K2F9W
    is moot. Section 90.159(b) of the Commission's Rules authorizes such
    conditional temporary operation only for a period of 180 days upon
    the filing of a properly completed application. *See* 47 C.F.R. §
    90.159(b). It has been well over 180 days since the modification
    application was filed and, in any event, we have now determined that
    it was not a properly completed application, but rather a defective
    one. Any continuing operation of Station WPMN889 with the digital
    emission designator proposed in the modification application would
    therefore constitute unauthorized operation. In sum, we grant the
    CSAA Request for Dismissal to the extent indicated above.