**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| LICENSE COMMUNICATIONS SERVICES, | ** |                              |
| INC.                             |    |                              |
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| Licensee of Industrial/Business  | *) |                              |
| Pool (YG) Station WPQF492, Los   | ** |                              |
| Angeles County, California       |    |                              |
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**ORDER PROPOSING MODIFICATION**

**Adopted: October 1, 2007 Released: October 2, 2007**

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

1.  *Introduction*. By this *Order Proposing Modification*, we initiate
    a proceeding to modify the license of License Communications
    Services, Inc. (LCS) for Industrial/Business Pool Station WPQF492,
    Los Angeles County, California. Specifically, we propose to delete
    frequency pairs 472/475.9250 MHz and 472/475.9500 MHz.

2.  *Background.* In 1997, the Commission directed the certified
    frequency coordinators for the private land mobile radio services to
    reach a consensus on the applicable coordination procedures for the
    12.5 kHz "offset" channels in the 470-512 MHz frequency band.[^1]
    That consensus is embodied in the Land Mobile Communications Council
    (LMCC) procedures for evaluating adjacent channel interference in
    the 470-512 MHz band using the interference criteria of
    TIA/EIA/TSB-88[^2] (TSB-88).[^3] The LMCC Consensus provides that an
    application shall not be certified if an incumbent or the applicant
    has unacceptable interference of more than five percent reduction of
    the calculated service area reliability.[^4]

3.  The license for Station WPQF492 authorizes operation of temporary
    base stations and mobile units on, *inter alia*, 12.5 kHz "offset"
    frequency pairs 472/475.9250 MHz and 472/475.9500 MHz. LCS's
    application[^5] for Station WPQF492 was coordinated by the American
    Automobile Association (AAA),[^6] and granted on June 23, 2000. On
    March 23, 2004, Mobile Relay Associates (MRA) requested that the
    license be modified by deleting frequency pairs 472/475.9250 MHz and
    472/475.9500 MHz on the grounds that the coordination was defective
    because MRA's Station WIL648, Corona, California, operating on
    adjacent channel 472/475.9375 MHz was suffering more than five
    percent signal degradation.[^7]

4.  After staff engineers of the Wireless Telecommunications Bureau's
    Mobility Division (Division) conducted an independent analysis and
    determined that Station WPQF492 creates over seven percent new
    interference to Station WIL648, the Division directed AAA to
    indicate whether alternate frequencies were available for Station
    WPQF492.[^8] On February 15, 2007, LCS filed a petition for
    reconsideration[^9] of the Division's letter.[^10] On March 6, 2007,
    AAA responded to the Division's letter, indicating that it believed
    that the application for Station WPQF492 was properly
    coordinated.[^11]

5.  *Discussion*. LCS relies on a recent decision[^12] for the
    proposition that a TSB-88 analysis is not required in this matter
    because there is no spectral overlap between MRA's and LCS's
    facilities.[^13] We conclude that there is spectral overlap in the
    present instance: MRA operates on a 25 kHz channel (with an occupied
    bandwidth of 20 kHz), so LCS's operations on 12.5 kHz channels (with
    an occupied bandwidth of 11.25 kHz) on center frequencies 12.5 kHz
    removed from MRA's center frequency results in overlap.[^14]

6.  Stations utilizing temporary fixed transmitters must meet the same
    interference protection requirements as stations utilizing permanent
    transmitters.[^15] Nothing in the Commission's action directing LMCC
    to reach a consensus on the applicable coordination procedures for
    the 12.5 kHz "offset" channels in the 470-512 MHz frequency band, or
    in the LMCC Consensus, persuades us that temporary-fixed or
    mobile-only stations on offset channels are or should be exempt.

7.  We believe that Section 316(a)(1) of the Communications Act of 1934,
    as amended, provides the appropriate vehicle for resolving this
    matter.[^16] Section 316(a)(1) permits the Commission to modify a
    station license if the action will promote public interest,
    convenience, and necessity.[^17] In this connection, we note that
    our engineering analysis using the interference criteria of TSB-88
    confirms that LCS's operations degrade the service area of MRA's
    Station WIL648 on frequency pair 472/475.9375 MHz by more than five
    percent.[^18] Deleting frequency pairs 472/475.9250 MHz and
    472/475.9500 MHz from LCS's license for Station WPQF492 will serve
    the public interest by eliminating harmful interference to Station
    WIL648, and should not unduly disrupt the operations of LCS, which
    is authorized on other channels under this and other licenses in the
    area.

8.  Consequently we propose to modify LCS's license for Station WPQF492
    by deleting frequency pairs 472/475.9250 MHz and 472/475.9500 MHz.
    In accordance with Section 1.87(a) of the Commission\'s Rules,[^19]
    we will not issue a modification order until LCS has received notice
    of our proposed action and has had an opportunity to file a protest.
    To protest the modification, LCS 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 mailed to the Office of the Secretary, Federal Communications
    Commission, 445 Twelfth Street, S.W., Washington, DC 20554, Attn:
    Melvin Spann.[^20] If no protest is filed, LCS will have waived its
    right to protest the modification and will be deemed to have
    consented to the modification.

9.  Accordingly, IT IS ORDERED, 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
    request to initiate modification proceedings submitted by Mobile
    Relay Associates on March 23, 2004 IS GRANTED to the extent
    indicated above.

10. IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, as amended, 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 Industrial/Business Pool Station WPQF492 held by
    License Communications Services, Inc., BE MODIFIED by deleting
    frequency pairs 472/475.9250 MHz and 472/475.9500 MHz.

11. IT IS FURTHER ORDERED that this *Order Proposing Modification* SHALL
    BE SENT by certified mail, return receipt requested, to License
    Communications Services, Inc., Attn: Alan Lurya, 18662 MacArthur
    Blvd., Suite 200, Irvine, CA 92612, and to Professional Licensing
    Consultants, Inc., Attn: Josie Lynch, P.O. Box 1714, Rockville, MD
    20849.

12. IT IS FURTHER ORDERED that the motion to strike filed by Mobile
    Relay Associates on March 15, 2007 IS DENIED.

13. 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 COMMUNICATION COMMISSION

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

# 

[^1]: *See* Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, *Second Report and Order*, PR Docket
    No. 92‑235, 12 FCC Rcd 14307, 14330-31 ¶ 43 (1997).

[^2]: *See* Telecommunications Industry Association/Electronics Industry
    Association Telecommunications Systems Bulletin 88 (TIA/EIA/TSB-88),
    *Wireline Communications System -- Performance in Noise and
    Interference-Limited Situations -- Recommended Methods for
    Technology-Independent Modeling, Simulation, and Verification*
    (January 1998).

[^3]: *See* Filing Freeze to be Lifted for Applications under Part 90
    for 12.5 kHz Offset Channels in the 421-430 and 470-512 MHz Bands,
    *Public Notice*, 13 FCC Rcd 5942, 5942 (WTB 1997) (citing Letter
    from Larry A. Miller, President, LMCC, to Daniel B. Phythyon, Esq.,
    Acting Chief, Wireless Telecommunications Bureau (Sept. 10, 1997)
    (LMCC Consensus)).

[^4]: *See* LMCC Consensus, Attachment at 2.

[^5]: FCC File No. D130079.

[^6]: AAA Frequency Coordination No. CA9AA00177.

[^7]: *See* Request to Initiate Modification Proceedings (filed Mar. 23,
    2004) (Request). LCS filed an opposition to the request on March 30,
    2004. MRA filed a reply to the opposition on April 9, 2004.

[^8]: *See* Letter dated January 31, 2007, from Scot Stone, Deputy
    Chief, Mobility Division, Wireless Telecommunications Bureau, to
    Gary Ruark, American Automobile Association (Division Letter).

[^9]: Petition for Reconsideration of Decision Ordering AAA to Provide a
    New Frequency Recommendation for WPQF492 (filed Feb. 15, 2007)
    (Petition). We note that the Petition is premature in that the
    Division Letter seeking information from AAA was an interlocutory
    action, *cf.* 47 C.F.R. § 76.934(h)(5)(iii), and petitions for
    reconsideration of interlocutory actions are not permitted. 47
    C.F.R. § 1.106(a)(1). Consequently, we will treat the Petition as an
    informal request under Section 1.41 of the Commission's Rules, 47
    C.F.R. § 1.41.

[^10]: MRA filed an opposition on March 2, 2007. LCS filed a reply on
    March 5, 2007. MRA filed a motion to strike the reply on March 15,
    2007. LCS filed an opposition to the motion to strike on March 22,
    2007.

[^11]: *See* Letter dated March 6, 2007, from Gary Ruark, Manager, Fleet
    Communications, American Automobile Association, to Marlene H.
    Dortch, Secretary, Federal Communications Commission (AAA Response).
    On March 22, 2007, MRA filed an opposition.

[^12]: National Science and Technology Network, Inc., *Order*, 22 FCC
    Rcd 1953 (WTB MD 2007), *recon. pending* (*National Science*). As
    set forth in that decision, no TSB-88 analysis is required where
    there is no spectral overlap. *Id.* at 1954 n.10; *see also*,
    *e.g.*, City of Los Angeles, Department of Airports, *Order*, 22 FCC
    Rcd 1808, 1810 ¶ 10 (PSHSB PD 2007), *recon. pending*. The issue of
    whether *National Science* correctly applied that principle to the
    facts presented therein will be addressed in the context of the
    pending petition for reconsideration of that decision.

[^13]: *See* Petition at 1-2.

[^14]: *See* National Science and Technology Network, Inc., *Order*, 22
    FCC Rcd 11538, 11539 ¶ 3 (WTB MD 2007), *recon. pending*. While we
    thus agree with MRA that the bandwidth theory asserted in LCS's
    reply is incorrect, we do not believe that this, or any of MRA's
    other complaints about the reply, requires that the pleading be
    stricken. Consequently, we deny the motion to strike.

[^15]: *See* Mobile Relay Associates, *Order*, 18 FCC Rcd 12974, 12981 ¶
    16 (WTB PSPWD 2003).

[^16]: 47 U.S.C. § 316(a)(1).

[^17]: *Id.*

[^18]: We recognize that it is not practical for a frequency coordinator
    to analyze the potential for interference of operations from every
    possible location authorized for mobile or temporary fixed
    operations. Consequently, we believe that it is sufficient, as an
    initial matter, to coordinate a temporary fixed or mobile-only
    application based only on the center coordinates of the authorized
    service area, as AAA apparently did in this case. *See* AAA Response
    at 1. Once an interference complaint is received, however, it is
    necessary to conduct a more detailed analysis. *See* Genwest LLC,
    *Order of Modification*, 22 FCC Rcd 6585 (WTB MD 2007) (modifying
    mobile-only license to alleviate co-channel interference to
    incumbent trunked station). In light of the interference complaint
    from MRA, we conducted a more detailed TSB-88 analysis by looking at
    the edge of the authorized service area closest to MRA's Station
    WIL648.

[^19]: 47 C.F.R. § 1.87(a).

[^20]: 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).