**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| INDUSTRIAL TELECOMMUNICATIONS    | ** |                              |
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| ASSOCIATION, INC.                | *  |                              |
|                                  | *) |                              |
| Petition to Set Aside Grant of   | ** |                              |
|                                  |    |                              |
| Application of Comserv           | *  |                              |
| Consulting Services for New      | *) |                              |
| Industrial/Business Private Land | ** |                              |
| Mobile Radio Station at Memphis, |    |                              |
| Tennessee                        | *  |                              |
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| and                              | ** |                              |
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| COMSERV CONSULTING SERVICES      | *  |                              |
|                                  | *) |                              |
| Licensee of Trunked              | ** |                              |
| Industrial/Business Pool Radio   |    |                              |
| Service Station WPRH220,         | *  |                              |
| Memphis, Tennessee               | *) |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: August 14, 2001 Released: August 17, 2001**

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

# INTRODUCTION

1.  The Industrial Telecommunications Association, Inc. (ITA) seeks to
    set aside the above-captioned authorization granted to Comserv
    Consulting Services (Comserv).[^1] For the reasons set forth below,
    we dismiss the ITA petition. Additionally, on our own motion, we
    initiate a proceeding to modify Comserv's license to reduce its
    effective radiated power (ERP) on three frequencies.

# BACKGROUND

2.  Frequency coordination in the Private Land Mobile Radio (PLMR)
    Services is the process by which a private entity certified by the
    Commission recommends the most appropriate frequencies for
    applicants in designated radio service.[^2] In 1986, the Commission
    adopted frequency coordination rules and procedures in an effort to
    maximize service to the public by assuring that the assignment and
    management of the PLMR spectrum is performed in an efficient and
    effective manner.[^3] The Commission has stated that accurate
    information is fundamental to its ability to review effectively the
    frequency recommendations made by FCC-certified frequency
    coordinators in connection with the Commission's licensing
    determinations.[^4] A fundamental aspect of frequency coordination,
    in any radio service, is an accurate determination by a
    FCC-certified coordinator as to whether the proposed operations
    potential will cause harmful interference to existing co-channel or
    adjacent licensees.[^5]

3.  In 1997, the Commission allowed centralized trunking in the PLMR
    bands between 150 MHz and 512 MHz.[^6] The Commission emphasized
    that trunking would be permitted only in those areas where
    exclusivity is recognized by the Commission or where an
    applicant/licensee has obtained the consent of all licensees whose
    service areas overlap a circle with a radius of 70 miles from the
    proposed trunked system's base station.[^7] In 1999, the Commission
    provided applicants with an alternate means of obtaining an
    authorization for a trunked system by obtaining concurrence whenever
    the 19 dBu (UHF) or 22 dBu (VHF) interference contour from a
    proposed trunked station intersects the 37 dBu service contour (UHF)
    or 39 dBu service contour (VHF) of any existing co-channel or
    adjacent channel station.[^8] In 2000, the Commission modified the
    definition of trunked systems authorized in the 150-512 MHz
    bands.[^9]

4.  Comserv filed an application for authorization to operate an
    Industrial/Business Pool trunked station in the Memphis, Tennessee
    area.[^10] The Personal Communications Industry Association (PCIA),
    a FCC-certified frequency coordinator, submitted Comserv's
    application, with a frequency recommendation, to the Licensing and
    Technical Analysis Branch (Branch) of the Public Safety and Private
    Wireless Division.[^11] On September 28, 2000, the Branch granted
    Comserv's application to operate trunked Industrial/Business Station
    WPRH220 on six frequency pairs, including frequencies 452.1375 MHz,
    452.2875 MHz, and 452.6625 MHz. The base station frequencies were
    authorized to operate at twenty watts ERP.[^12]

5.  By letter received October 3, 2000, another FCC-certified frequency
    coordinator, ITA, requested that the Commission set aside Comserv's
    license grant.[^13] ITA alleged procedural flaws in the filing of
    Comserv's application and cited concerns over potential interference
    to the operations of Racing Radios' Station WPQA386, Shelby County,
    Tennessee, on frequencies 451.1375 MHz, 452.2875 MHz, and 452.6625
    MHz; Mesaba Aviation, Inc.'s Station WPPG403, Memphis, Tennessee, on
    frequency 451.5125 MHz; and Leading Edge Trust's Station WPQI636,
    Memphis, Tennessee, on frequency 452.775 MHz.[^14] ITA contended
    that Comserv's trunked operations on frequencies 452.1375 MHz,
    452.2875 MHz and 452.6625 MHz pose a risk of interference to the
    aforementioned operations of Racing Radio, Mesaba Aviation and
    Leading Edge because Comserv's station does not afford the required
    co-channel and adjacent channel interference protection to the
    subject facilities licensed to Racing Radio, Mesaba Aviation and
    Leading Edge.[^15] In support of its interference arguments, ITA
    included its interference analysis of the Comserv license as
    granted. Specifically, ITA argued, the subject authorization was
    granted in error because Comserv's operations on 452.1375 MHz,
    452.2875 MHz, and 452.6625 MHz do not provide adequate protection to
    co-channel and adjacent licensees.[^16] Therefore, ITA urged the
    Commission to set aside the license grant.

6.  On February 15, 2001, the Branch requested that PCIA respond to
    ITA's interference analysis of the Comserv station and propose a
    solution, if the Comserv application had been incorrectly
    coordinated.[^17] By letter dated March 12, 2001, PCIA stated that
    there might be co-channel licensees that were not accounted for and
    proposed as a solution that the Comserv license for Station WPRH220
    be modified by reducing the ERP on frequencies 452.1375 MHz,
    452.2875 MHz, and 452.6625 MHz from twenty to ten watts.[^18]

# DISCUSSION 

7.  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.[^19] ITA argues that license set aside is
    warranted because Comserv's license was granted in violation of
    Section 90.187 of the Commission's Rules.[^20] Specifically, ITA
    argues that the Comserv station does not afford the required
    co-channel and adjacent channel interference protection.[^21] ITA
    contends that the Comserv license poses a risk of harmful
    interference to several stations in the Memphis, Tennessee
    area.[^22] PCIA admits "that there may be a co-channel license that
    was not accounted for" and recommends modifying Comserv's license to
    resolve the problem.

8.  Based upon our analysis, we conclude that the Comserv application
    should not have been coordinated because the proposed operations did
    not provide the requisite interference protection to the operations
    of Racing Radio, Mesaba Aviation, and Leading Edge. We find that
    initiation of revocation proceedings against Comserv's station is
    unnecessary in the instant case because PCIA has proposed changes to
    the Comserv license designed to eliminate interference to the
    earlier-licensed stations. We believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^23] Section 316(a) permits the
    Commission to modify a station license if the action will promote
    the public interest, convenience, and necessity.[^24] In this
    connection, we note that the proposed modification would serve the
    public interest by preserving the existing coverage areas of the
    affected parties and preventing harmful interference, while not
    unduly disrupting Comserv's operations.

9.  As discussed above, the coordination of Comserv's application was
    defective. Thus, we believe that a modification of the Comserv
    license to reduce the ERP on its operating frequencies is
    appropriate to prevent harmful interference to Racing Radio, Mesaba
    Aviation, and Leading Edge. In accordance with Section 1.87(a) of
    the Commission\'s Rules,[^25] we will not issue a modification order
    until Comserv has received notice of our proposed action and has had
    an opportunity to interpose a protest. To protest the modification,
    Comserv 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, D.C. 20554. If no protest is
    filed, Comserv will have waived its right to protest the
    modification and will be deemed to have consented to the
    modification.

**IV. CONCLUSION**

10\. For the reasons stated above, we conclude that the coordination of
Comserv's application was defective. As a result, we believe that the
license grant to Comserv was defective. Accordingly, we propose to
modify Comserv's license for Station WPRH220 to reduce the ERP for
operation on frequencies 452.1375 MHz, 452.2875 MHz, and 452.6625 MHz
from twenty to ten watts in order to protect adjacent channel licensees
from harmful interference.

**V. ORDERING CLAUSES**

11\. 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, the Petition to set
aside grant of the license for Station WPRH220, submitted by ITA on
October 3, 2000, IS DENIED.

12\. IT IS PROPOSED that, 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, the license for Private
Land Mobile Radio Services Station WPRH220, held by Comserv Consulting
Services, BE MODIFIED by reducing the authorized ERP from twenty watts
to ten watts on frequencies 452.1375MHz, 452.2875 MHz and 452.6625 MHz.

16\. IT IS FURTHER ORDERED that this *Memorandum Opinion and Order*
shall be sent by certified mail, return receipt requested, to Comserv
Consulting Services, 895 North White Station Road, Memphis, TN 38122,
and to counsel for Comserv, Russell Taylor, Esq., Mintz, Levin, Cohn,
Ferns, Glovsky & Popeo, P.C., 701 Pennsylvania Avenue, N.W., Suite 900,
Washington, D.C. 20004.

17\. 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 2, 2000 and received October 3, 2000 from
    Jeremy Denton, ITA Regulatory Affairs Assistant, to Mary Shultz,
    Chief, Licensing and Technical Analysis Branch (Branch), Public
    Safety and Private Wireless Division, Wireless Telecommunications
    Bureau (ITA Letter).

[^2]: Frequency Coordination in the Private Land Mobile Radio Services,
    *Report and Order,* PR Docket No. 83-737, 103 FCC 2d 1093 (1986).

[^3]: *Id.* at 1094-95 ¶ 2.

[^4]: *Id.* at 1148 ¶ 111, 1150 ¶ 116.

[^5]: *See generally* American Mobile Telecommunications Association,
    Inc. and American Trucking Associations, Inc., *Report and Order*,
    DA 01-1411, ¶¶ 13-15 (WTB PSPWD June 11, 2001)*.*

[^6]: In the Matter of Replacement of Part 90 by Part 88 to Revise the
    Private Land Mobile Radio Services and Modify the Policies Governing
    Them, *Second Report and Order*, PR Docket No. 92-23512, FCC Rcd
    14307, 14337-38 ¶¶ 56-59 (1997).

[^7]: *Id.*

[^8]: In the Matter of Replacement of Part 90 by Part 88 to Revise the
    Private Land Mobile Radio Services and Modify the Policies Governing
    Them, *Third Memorandum Opinion and Order*, PR Docket No. 92-235, 14
    FCC Rcd 10922, 10926-27 ¶¶ 6-9 (1999).

[^9]: 47 C.F.R. § 90.187. The Commission's Part 90 Biennial review
    proceeding amended Section 90.187, but did not change the substance
    of the rule provision at issue here. *See* 1998 Biennial Regulatory
    Review, 47 C.F.R Part 90, Private Land Mobile Radio Services,
    *Report and Order and Further Notice of Proposed Rule Making*, WT
    Docket No. 98-182, 15 FCC Rcd 16673 (2000).

[^10]: File No. A053769.

[^11]: *See* FAC \# 993050547.

[^12]: *See* License for Station WRPH220.

[^13]: *See* ITA Letter.

[^14]: *Id*.

[^15]: *Id*.

[^16]: *Id.*

[^17]: Letter dated February 15, 2001 from Mary Shultz, Chief, Licensing
    and Technical Analysis Branch, Federal Communications Commission, to
    PCIA.

[^18]: Letter dated March 12, 2001 from PCIA to Tracy Simmons, Licensing
    and Technical Analysis Branch, Federal Communications Commission.

[^19]: 47 C.F.R. § 1.41.

[^20]: *See* ITA Letter*.*

[^21]: *Id.*

[^22]: *Id.*

[^23]: 47 U.S.C. § 316(a)(1).

[^24]: *Id*.

[^25]: 47 C.F.R. § 1.87(a).