Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| CARA ENTERPRISES, INC.           | ** |                              |
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| Petition for Modification or, in | *  |                              |
| the Alternative, Revocation of   | *) |                              |
| License of JJ's Rooter Service,  | ** |                              |
| Inc. for Station WNGT994, Las    |    |                              |
| Vegas, Nevada                    | *  |                              |
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| and                              | ** |                              |
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| JJ'S ROOTER SERVICE, INC.        | *  |                              |
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| Licensee of Trunked              | ** |                              |
| Industrial/Business Pool Radio   |    |                              |
| Service Station WNGT994, Las     | *  |                              |
| Vegas, Nevada                    | *) |                              |
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**ORDER**

**Adopted: August 7, 2002 Released: August 8, 2002**

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

1.  On May 1, 2002, the Wireless Telecommunications Bureau, Public
    Safety and Private Wireless Division (Division) released a
    *Memorandum Opinion and Order* (*MO&O*) initiating a proceeding to
    modify the station class code of one of the frequencies assigned to
    Station WNGT994, Las Vegas, Nevada.[^1] The station licensee, JJ's
    Rooter Service, Inc. (JJ's), protested the modification[^2] in
    accordance with the provisions of Section 1.87(a) of the
    Commission's Rules.[^3] There has now been a resolution of the
    matter and, therefore, we terminate this proceeding as moot and
    vacate the *MO&O*.

2.  Station WNGT994 was licensed to JJ's for operation on, *inter alia*,
    frequency 451.7500 MHz. The Division concluded in the *MO&O* that
    the application of JJ's for authorization to operate on this
    frequency had been improperly coordinated, because the operations of
    Station WNGT994 did not provide the requisite interference
    protection required by Section 90.187 of the Commission's Rules[^4]
    to Lake Las Vegas Joint Venture (Lake Las Vegas) Station WPLZ767,
    Clark County, Nevada; moreover, JJ's had not obtained Lake Las
    Vegas's written consent.[^5] The Division proposed to modify the
    license for Station WNGT994 in order to prevent potential
    interference to Station WPLZ767.[^6] The proposed modification
    consisted of changing the station class code on frequency 451.7500
    MHz, assigned for use by Station WNGT994 from FB8 to FB6.[^7] The
    modification would remove the exclusivity of JJ's to use this
    frequency, and would require JJ's to monitor for a clear channel
    before transmitting.[^8]

3.  On May 28, 2002, JJ's submitted a timely protest opposing the
    proposed modification to its license.[^9] Subsequently, JJ's
    submitted a May 30, 2002 letter from Lake Las Vegas consenting to
    the operation of Station WNGT994 on frequency 451.7500 MHz.[^10]
    Because JJ's now has the written consent of the only affected
    incumbent licensee identified by a contour overlap analysis, which
    satisfies the requirements of Section 90.187, we now consider this
    matter to be satisfactorily resolved. Because this proceeding is now
    moot, the *MO&O* will be vacated and this proceeding will be
    terminated.[^11]

4.  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 1.87(a) of the Commission's Rules, 47 C.F.R. § 1.87(a), the
    *Memorandum Opinion and Order* proposing to modify the license of
    the JJ's Rooter Service for Station WNGT994, released on May 1,
    2002, IS hereby VACATED.

5.  IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

6.  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

D'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: In the Matter of Cara Enterprises, Inc. Petition for Modification
    or, in the Alternative, Revocation of License of JJ's Rooter Service
    Inc. for Station WNGT994, Las Vegas, Nevada and JJ's Rooter Service,
    Inc. Licensee of Trunked Industrial/Business Pool Radio Service
    Station WNGT994, Las Vegas, Nevada, *Memorandum Opinion and Order*,
    17 FCC Rcd 8009 (WTB PSPWD 2002).

[^2]: Letter, dated May 28, 2002, from Jim E. Duggan, President, JJ's
    Rooter Service, Inc., to Federal Communications Commission
    (Protest).

[^3]: 47 C.F.R. § 1.87(a).

[^4]: 47 C.F.R. § 90.187.

[^5]: *MO&O*, 17 FCC Rcd at 8012 ¶ 9.

[^6]: *Id.* at 8012-13 ¶ 11.

[^7]: *Id*.

[^8]: *Id.*

[^9]: *See* Protest.

[^10]: Letter, dated May 30, 2002, from Daniel R. Rainey, Vice President
    of Development, Lake Las Vegas Resort, to Federal Communications
    Commission.

[^11]: *See* *A.L. Mechling Barge Lines, Inc. v. United States*, 368
    U.S. 324 (1961); *American Family Life Assurance Co. v. FCC*, 129
    F.3d 625 (D.C. Cir. 1997); Classic Telephone, Inc., *Order*, 15 FCC
    Rcd 25101 (2000).