**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  |                              |
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| RADIOLINK CORPORATION            | ** |                              |
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| Licensee of Industrial/Business  | *  |                              |
| Private Land Mobile Radio        | *) |                              |
| Station WPOX212, Litchfield      | ** |                              |
| Park, Arizona                    |    |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: February 26, 2004 Released: March 4, 2004**

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

# INTRODUCTION

1.  On our own motion, we initiate a proceeding to modify the license of
    Radiolink Corporation (Radiolink) for Industrial/Business Pool
    Station WPOX212, Litchfield Park, Arizona, to delete frequencies
    157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz.

# BACKGROUND

2.  In 1995, the Commission adopted rules that, *inter alia*, allowed
    the use of VHF band (156-162 MHz) public coast (VPC) station
    frequencies by eligible private land mobile radio (PLMR) entities
    away from navigable waterways.[^1] In 1997, the Commission proposed
    to adopt a geographic licensing approach for VPC spectrum,[^2] and
    suspended the acceptance and processing of applications, including
    applications for PLMR use.[^3] In 1998, the Commission adopted a
    geographic licensing approach for VPC spectrum,[^4] and removed the
    rule allowing PLMR entities to use VPC spectrum.[^5] Later in 1998,
    the Commission conducted the initial auction of VPC geographic
    licenses. The licenses for the VPC areas encompassing the state of
    Arizona were granted to Warren C. Havens (Havens) on May 19,
    1999.[^6]

3.  On August 18, 1999, Radiolink was granted a license for PLMR Station
    WPOX212, with base stations in Litchfield Park and Crown King,
    Arizona. Among the frequencies assigned for use for the control
    station for Station WPOX212, and by mobile units within forty
    kilometers of the Litchfield Park base station were frequencies
    157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz,
    which are VPC mobile frequencies.[^7]

# DISCUSSION

4.  Based on the information before us, we conclude that the Radiolink
    application should not have been granted to the extent that it
    requested VPC frequencies. We believe that Section 316(a)(1) of the
    Communications Act of 1934, as amended, provides the appropriate
    vehicle for resolving this matter.[^8] Section 316(a) permits the
    Commission to modify a station license if the action will promote
    the public interest, convenience, and necessity.[^9] In this
    connection, we note that a proposed modification under the
    circumstances presented would promote the public interest,
    convenience, and necessity because the subject channels were not
    available for assignment to Radiolink when the application was
    granted because they were previously assigned to Havens. Further, we
    believe that such action would not unduly disrupt Radiolink's
    current operations, because other frequencies also are assigned to
    those locations of Station WPOX212. Thus, we believe that a
    modification of the Radiolink license to delete the subject
    frequencies without authorizing replacement frequencies is
    appropriate under the circumstances presented.

5.  Consequently, we propose to modify Radiolink's license for Station
    WPOX212 to remove the frequencies 157.225 MHz, 157.275 MHz, 157.325
    MHz, 157.375 MHz, and 157.400 MHz. In accordance with Section
    1.87(a) of the Commission\'s Rules,[^10] we will not issue a
    modification order until Radiolink has received notice of our
    proposed action and has had an opportunity to file a protest. To
    protest the modification, Radiolink 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.[^11] If no protest is filed, Radiolink will have waived its
    right to protest the modification and will be deemed to have
    consented to the modification.

**IV. CONCLUSION**

6.  For the reasons stated above, we conclude that the grant of a
    license for Station WPOX212, Litchfield Park, Arizona, was defective
    to the extent that it included authorization to use VPC frequencies.
    Accordingly, we propose to modify Radiolink's license for Station
    WPOX212 to delete all operational authority for frequencies 157.225
    MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz.

**V. ORDERING CLAUSES**

7.  ACCORDINGLY, 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 WPOX212,
    Litchfield Park, Arizona, held by Radiolink Corporation BE MODIFIED
    by deleting frequencies 157.225 MHz, 157.275 MHz, 157.325 MHz,
    157.375 MHz, and 157.400 MHz.

8.  IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested, to Radiolink
    Corporation, P.O. Box 37825, Phoenix, AZ 85069 ATTN Randy L. Power.

9.  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 Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: *See* 47 C.F.R. § 90.283 (1997); Amendment of the Commission\'s
    Rules Concerning Maritime Communications, *First Report and Order*,
    PR Docket No. 92-257, 10 FCC Rcd 8419, 8423 ¶ 9 (1995).

[^2]: Amendment of the Commission\'s Rules Concerning Maritime
    Communications, *Second Report and Order and Second Further Notice
    of Proposed Rule Making*, PR Docket No. 92-257, 12 FCC Rcd 16969,
    16989 ¶ 76 (1997).

[^3]: *Id.* at 17015 ¶ 132.

[^4]: Amendment of the Commission\'s Rules Concerning Maritime
    Communications, *Third Report and Order and Memorandum Opinion and
    Order*, PR Docket No. 92-257, 13 FCC Rcd 19853, 19859 ¶ 10 (1998).

[^5]: *Id.* at 19912. The Commission expressly declined a suggestion to
    permit the continued licensing of PLMR systems away from navigable
    waterways. *See id.* at 19871 ¶ 36.

[^6]: *See* licenses for Call Signs WPOJ523, WPOJ524, WPOJ525, and
    WPOJ526.

[^7]: *See* 47 C.F.R. § 80.371(c)(1)(i).

[^8]: 47 U.S.C. § 316(a)(1).

[^9]: *Id*.

[^10]: 47 C.F.R. § 1.87(a).

[^11]: 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).