**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | FCC File No. D134628         |
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| RUSSELL WARNER, INC. d/b/a       | ) |                              |
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| ROTO-ROOTER                      | * |                              |
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| Application for license for a    | * |                              |
| conventional Industrial/Business | * |                              |
| Pool station at Palmdale,        | ) |                              |
| California, Montrose,            | * |                              |
| California, and Corona,          | * |                              |
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**ORDER ON RECONSIDERATION**

**Adopted: December 7, 2000 Released: December 11, 2000**

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

1.  *Introduction*. On May 5, 2000, Russell Warner, Inc. d/b/a
    Roto-Rooter Service and Plumbing (Roto-Rooter) filed a petition for
    reconsideration[^1] of the April 5, 2000, dismissal of the
    above-captioned application by the Licensing and Technical Analysis
    Branch (Branch) of the Public Safety and Private Wireless
    Division.[^2] For the reasons set forth below, we grant the
    Petition.

2.  *Background*. Roto-Rooter was awarded a dispositive preference under
    the Finder's Preference program for a private land mobile radio
    channel that was formerly licensed to Kane Communications (Kane) for
    operation of Station WIK209, Los Angeles, California.[^3] Kane
    petitioned for reconsideration and Roto-Rooter's award did not
    become a final action until October 1999.[^4] Thereafter,
    Roto-Rooter timely filed the above-captioned application, pursuant
    to its finder's preference award, on November 30, 1999.[^5]

3.  On April 5, 2000, the Branch dismissed the captioned application
    after determining that the proposed transmitter sites were different
    than the locations authorized under former Station WIK209. Based on
    this determination, the Branch dismissed the application stating
    that Roto-Rooter failed to provide the requisite frequency
    coordination.[^6]

4.  On May 5, 2000, Roto-Rooter filed the instant Petition requesting
    reconsideration of the Branch's dismissal of the captioned
    application. Roto-Rooter argues that the Branch erred in determining
    that the proposed transmitter sites differed from the locations
    authorized to former Station WIK209. Consequently, Roto-Rooter avers
    that its application was exempt from the frequency coordination
    requirement.[^7]

5.  *Discussion*. Under the finder's preference program, Section
    90.175(i)(15) of the Commission's Rules exempted successful finders'
    applications from frequency coordination if the applicant proposed
    to operate at the same site location, and with the same technical
    parameters, as the prior licensee.[^8] We agree with Roto-Rooter
    that the instant application "specified precisely the same
    facilities referenced in the finder's preference award."[^9] We
    further agree that the determination in the Branch Letter was
    erroneous and thus we are granting the Petition and returning the
    captioned application to pending status.

6.  Finally, we note that the Commission deleted Section 90.175(i)(15)
    in the *Report and Order* that eliminated the finder's preference
    program in 1998, wherein the Commission also decided to process,
    rather than dismiss, finder\'s preference requests pending as of
    July 29, 1998.[^10] The captioned application is the end result of a
    finder's preference request that was filed and initially granted in
    1993, and that remained pending on reconsideration until 1999. Thus,
    the Branch correctly concluded that the captioned application is
    entitled to processing under the former finder's preference program,
    including former Section 90.175(i)(15).

7.  Accordingly, IT IS ORDERED that pursuant to Section 4(i) and 405 of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    405, and Section 1.106 of the Commission's Rules, 47 C.F.R. § 1.106,
    the Petition for Reconsideration and Motion For Reacceptance of
    Application *Nunc Pro Tunc* filed by Russell Warner, Inc. d/b/a/
    Roto-Rooter Service and Plumbing IS GRANTED, as set forth herein,
    and otherwise IS REFERRED to the Public Safety and Private Wireless
    Division, Licensing and Technical Analysis Branch, for further
    processing consistent with this *Order*.

8.  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]: Russell Warner, Inc. d/b/a Roto-Rooter Service and Plumbing
    Petition for Reconsideration and Motion for Reacceptance of
    Application *Nunc Pro Tunc*, filed May 5, 2000 (Petition).

[^2]: *See* File No. D134628, Notice of Application Dismissal (April 5,
    2000) from Chief, Licensing and Technical Analysis Branch, Public
    Safety and Private Wireless Division, FCC, to the above-captioned
    applicant (Branch Letter).

[^3]: *See* Finder's Preference Request of Roto Rooter Service and
    Plumbing Co., File Nos. 93F513 & 93F514, *Letter* from William H.
    Kellett, FCC, to Dale Kane, d/b/a Kane Communications (March 10,
    1993, as corrected May 25, 1993) (Award Letter), *recon. denied*,
    Dale Kane d/b/a Kane Communications, *Order*, 14 FCC Rcd 14,052 (WTB
    PSPWD 1999).

[^4]: *See, e.g., Order*, 14 FCC Rcd 14,052 (WTB PSPWD 1999).

[^5]: FCC File No. D134628.

[^6]: Branch Letter at 1. The Branch Letter indicates that Roto-Rooter's
    application specified "new" sites different from those contemplated
    in the finder's preference award, and that in such instances,
    frequency coordination is required as part of the application.

[^7]: *See* Petition at 1 citing 47 C.F.R. § 90.175(i)(15).

[^8]: 47 C.F.R. § 90.175(i)(15) (1997).

[^9]: Petition at 1.

[^10]: *See* Amendment of Part 90 Concerning the Commission's Finder's
    Preference Rules, *Report and Order*, WT Docket No. 96-199, 13 FCC
    Rcd 23,816 (1998).