DA 07-1556

Mr. Rick Gamboa

Nighthawk Communications, Inc.

11160 Sproule Ave

Pacoima, CA 91331

Re: Ramirez Electronics Station WQFZ655, FCC File No. 0002818064

Petition for Reconsideration filed by Nighthawk Communications, Inc.

Dear Mr. Gamboa:

This letter responds to the petition for reconsideration you filed on
November 20, 2006 on behalf of Nighthawk Communications, Inc.
(Nighthawk). You seek reconsideration of the grant of the
above-referenced application filed by Ramirez Electronics (Ramirez). For
the reasons set forth below, the petition is denied.

Nighthawk states that Ramirez's operations under Station WQFZ655 on
frequency 463.5875 MHz are causing interference to Nighthawk's
operations on frequency pair 463/468.5875 MHz under Station WQFG342.
Nighthawk also asserts that Ramirez is operating in violation of
Sections 90.403 and 90.405 of the Commission's Rules[^1] because Ramirez
is not monitoring the channel prior to transmitting. Nighthawk asks that
the Commission restore Ramirez's application to pending status and
return it to the frequency coordinator for new frequencies.[^2]

We note that the frequencies 463.5875 MHz and 468.5875 MHz are licensed
on a shared, nonexclusive basis.[^3] Nighthawk is not entitled to
exclusive use of this channel. Consequently, we deny the petition for
reconsideration.

Moreover, we note that the Commission\'s rules require private land
mobile radio station licensees to "take reasonable precautions to avoid
causing harmful interference. This includes monitoring the transmitting
frequency for communications in progress and such other measures as may
be necessary to minimize the potential for causing interference."[^4]
The rules also require all applicants and licensees to cooperate in the
use of frequencies in order to reduce interference and make the most
effective use of authorized facilities, and licensees of stations
causing or receiving harmful interference are expected to cooperate and
resolve interference problems by mutually satisfactory arrangements.[^5]
To the extent that Nighthawk believes that Ramirez is causing
interference and failing to obey the Commission's rules, it should
present the matter to Spectrum Enforcement Division of the Commission's
Enforcement Bureau.

Accordingly, IT IS ORDERED that, pursuant to Sections 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 filed by Nighthawk Communications, Inc. on November
20, 2006 IS DENIED. This action is taken under delegated authority
pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R.
§§ 0.131, 0.331.

FEDERAL COMMUNICATIONS COMMISSION

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

cc: Jose Ramirez

Ramirez Electronics

856 E. 51^st^ St.

Los Angeles, CA 90011

Jerry Walker

Business Radio Licensing

26941 Cabot Rd. \# 134

Laguna Hills, CA 92653

[^1]: 47 C.F.R. §§ 90.403, 90.405.

[^2]: Nighthawk also questions Ramirez's eligibility, but provides no
    information to substantiate the allegation.

[^3]: *See* 47 C.F.R. § 90.173(a).

[^4]: *See* 47 C.F.R. § 90.403(e).

[^5]: *See* 47 C.F.R. § 90.173(b).