**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | *  | File No. BMDP-19961018ED     |
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| HEARTLAND WIRELESS COMMERCIAL    | ** |                              |
| CHANNELS, INC.                   |    |                              |
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| For Authority to Construct and   | *) |                              |
| Operate a Multipoint             | ** |                              |
| Distribution Service Station on  |    |                              |
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| Channel 2 at Dayton, Ohio.       | *) |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: March 4, 2003 Released: March 14, 2003**

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

1.  In this *Memorandum Opinion and* Order, we address Heartland
    Wireless Commercial Channels, Inc. (Heartland) above-captioned
    long-form application (FCC Form 304) to operate a new Multipoint
    Distribution Service (MDS) station in the Dayton - Springfield, Ohio
    Basic Trading Area (BTA) (B106) on Channel 2 in Dayton, Ohio.[^1]
    Additionally, we address W.A.T.C.H. TV Company's (WTC) informal
    objection against Heartland's application.[^2] For the reasons
    stated below, we grant WTC's informal objection and dismiss
    Heartland's application.

2.  *Background.* Heartland filed the above-captioned application on
    October 18, 1996. The application appeared on public notice as
    accepted for filing on December 4, 1996.[^3] On February 5, 1997,
    WTC, the licensee of MDS Station WMI390, Cridersville, Ohio, filed
    an informal objection against Heartland's application. Heartland did
    not respond to the informal objection.

3.  *Discussion.* Based on our review of the record in this proceeding,
    we conclude that Heartland's application is defective and cannot be
    granted at this time. Heartland concedes that its proposed operation
    will cause some interference to the protected service area (PSA)
    boundary of MDS Station WMI390.[^4] Although Heartland seeks to
    negotiate an interference agreement with WTC,[^5] WTC states that it
    does not intend to issue an interference acceptance statement in
    support of Heartland's application.[^6] An independent engineering
    study performed by our staff shows that Heartland's proposed station
    fails to provide at least 45 dB of co-channel interference
    protection within the PSA of previously authorized Station WMI390.

4.  Section 21.902(b)(3) of the Commission\'s Rules requires the
    applicant to engineer its system to provide at least 45 dB of
    co-channel interference protection within the PSA of all other
    authorized or previously proposed stations. The record of this
    proceeding indicates that Heartland's proposed operations fail to
    provide at least 45 dB of co-channel interference protection to
    previously authorized Station WMI390 in Dayton, Ohio, as required by
    the Commission's Rules. Accordingly, we will direct the Licensing
    and Technical Analysis Branch to dismiss the application as
    defective pursuant to Section 21.20(b)(4) of the Commission's Rules.

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5.  Accordingly, IT IS ORDERED, pursuant to Sections 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
    Informal Objection filed by the W.A.T.C.H TV Company on February 5,
    1997 IS GRANTED.

6.  IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309,
    and Sections 21.20 and 21.902 of the Commission's rules, 47 C.F.R.
    §§ 21.30, 21.902, that the Licensing and Technical Analysis Branch
    SHALL DISMISS the application filed on October 18, 1996 by Heartland
    Wireless Commercial Channels, Inc. (File No. BMDP-19961018ED).

7.  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]: Effective March 25, 2002, the Commission transferred regulatory
    functions for the Instructional Television Fixed Service and the
    Multipoint Distribution Service/Multichannel Multipoint Distribution
    Service from the Mass Media Bureau (MMB) to the Wireless
    Telecommunications Bureau (Bureau). Radio Services Are Transferred
    From Mass Media Bureau to Wireless Telecommunications Bureau,
    *Public Notice*, 17 FCC Rcd 5077 (2002). Accordingly, the Bureau's
    Public Safety and Private Wireless Division assumed all regulatory
    duties associated with these services effective March 25, 2002.
    *Id*.

[^2]: Letter from Paul J. Sindebrand, Esq. to William F. Caton, Acting
    Secretary, Federal Communications Commission (filed Feb. 5, 1997)
    (Informal Objection).

[^3]: *See* MMB MDS Public Notice Report No. D-896.

[^4]: Application, Exhibit E, p. 4.

[^5]: *Id*.

[^6]: *See* Informal Objection.