**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| INDUSTRIAL TELECOMMUNICATIONS    | ** |                              |
| ASSOCIATION, INC.                |    |                              |
|                                  | *  |                              |
| Request to Initiate Proceeding   | *) |                              |
| to Revoke or Modify the License  | ** |                              |
| for Station WPIZ793              |    |                              |
|                                  | *  |                              |
| PERSONAL COMMUNICATIONS INDUSTRY | *) |                              |
| ASSOCIATION, INC.                | ** |                              |
|                                  |    |                              |
| Request to Correct License for   | *  |                              |
| Station WPIZ793                  | *) |                              |
|                                  | ** |                              |
| and                              |    |                              |
|                                  | *  |                              |
| WINGS STADIUM MANAGEMENT         | *) |                              |
|                                  | ** |                              |
| Licensee of Private Land Mobile  |    |                              |
| Radio Service                    | *  |                              |
| (Industrial/Business Pool        | *) |                              |
| Station WPIZ793, Kalamazoo,      | ** |                              |
| Michigan                         |    |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: April 14, 2003 Released: April 16, 2003**

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

# INTRODUCTION

1.  For the reasons set forth below, we propose to modify the license of
    Wings Stadium Management (WSM) for private land mobile radio (PLMR)
    service Station WPIZ793, Kalamazoo, Michigan. Specifically, we
    propose to replace the frequency 151.8600 MHz with 151.8650 MHz.

# BACKGROUND

2.  On December 7, 1995, the Commission granted WSM a license, under
    Call Sign WPIZ793, to operate on two PLMR frequencies in the 150 MHz
    band. On October 4, 2000, we granted WSM's application to renew this
    license for a term that expires on December 7, 2005.[^1] The license
    for Station WPIZ793 authorizes WSM to operate twenty mobiles within
    a 20-km service area radius around a center point in Kalamazoo,
    Michigan, on two frequencies: 151.8600 MHz and 154.5150 MHz.

3.  By letter dated October 3, 2002, the Industrial Telecommunications
    Association, Inc. (ITA) complained that WSM's license authorizes
    operation on an "invalid" frequency because 151.8600 MHz is not
    allocated to either PLMR frequency pool.[^2] Moreover, ITA stated
    that this mistake is encumbering it from certifying applications to
    operate, at locations near Kalamazoo, on valid frequencies within
    15 kHz of 151.8600 MHz.[^3] Therefore, ITA urged us to determine the
    correct frequency and issue WSM a new authorization (or revoke WSM's
    license if a correct frequency cannot be determined).[^4]

4.  On March 11, 2003, we asked the Personal Communications Industry
    Association (PCIA) to recommend the most appropriate replacement
    frequency (because PCIA was the FCC-certified PLMR frequency
    coordinator used by WSM for its 1995 application).[^5] On March 20,
    2003, PCIA responded that its electronic records show that, on
    October 26, 1995, it recommended and filed WSM's application seeking
    151.8650 MHz (not 151.8600) and 154.5150 MHz.[^6] In this
    connection, PCIA requests that we correct the license for Station
    WPIZ793 to reflect the following frequencies: 151.8650 MHz and
    154.5150 MHz.[^7]

# DISCUSSION 

5.  Based on the information now before us, it appears that 151.8650 MHz
    was the frequency intended to be applied-for and licensed. Further,
    it appears that WSM currently is authorized to operate on 151.8600
    MHz due to a typographical error made in 1995 during the application
    and/or licensing process. In this connection, we note the
    possibility that WSM is operating on 151.8650 MHz, having never
    noticed the error on its license, in which case correcting the
    license to 151.8650 MHz is a ministerial act. However, WSM may be
    operating on 151.8600 MHz, in which case the process set forth below
    applies.

6.  WSM's authorization on frequency 151.8600 MHz inhibits the licensing
    and use of valid frequencies and any operation on 151.8600 MHz has
    the potential to interfere with nearby stations on properly
    assigned, adjacent frequencies. Moreover, WSM's license for Station
    WPIZ793 is inconsistent with the Commission's Part 90 rules because
    151.8600 MHz is not allotted to the PLMR services.

7.  While we agree with ITA's suggestion to replace frequency 151.8600
    MHz with a correct frequency, we find that ITA's suggestion to issue
    a new authorization is unnecessary in the instant case because we
    have an alternative that follows PCIA's suggestion to modify the
    license to reflect the intended 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] We believe that a modification of the WSM license to
    simply replace frequency 151.8600 MHz with 151.8650 MHz, without
    issuing a new authorization is appropriate. If WSM does not protest
    this proposal, we will issue an Order of Modification to correct the
    license.

8.  As discussed above, the grant of WSM's license was erroneous because
    the subject frequency is not allotted to either PLMR frequency pool.
    Thus, we believe that the proposed modification of WSM's license for
    Station WPIZ793 to replace frequency 151.8600 MHz with 151.8650 MHz
    is appropriate to preserve the existing coverage areas of affected
    parties, prevent harmful interference, and facilitate the licensing
    and use of other valid PLMR service frequencies in the vicinity of
    Kalamazoo, Michigan. In accordance with Section 1.87(a) of the
    Commission\'s Rules,[^10] we will not issue a modification order
    until WSM has received notice of our proposed action and has had an
    opportunity to file a protest. To protest the modification, WSM
    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, WSM will have waived its right to protest the modification
    and will be deemed to have consented to the modification.

**IV. CONCLUSION**

9.  For the reasons stated above, we conclude that the grant of WSM's
    license was defective to the extent that it authorized operations on
    frequency 151.8600 MHz. Accordingly, we propose the modification of
    WSM's license for Station WPIZ793 by replacing frequency 151.8600
    MHz with 151.8650 MHz.

**V. ORDERING CLAUSES**

10. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 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, that the
    request to initiate a proceeding to revoke or modify the license for
    Station WPIZ793, filed by the Industrial Telecommunications
    Association, Inc., on October 3, 2002, IS GRANTED to the extent
    indicated above and IS OTHERWISE DENIED.

11. IT IS FURTHER ORDERED that, pursuant to Section 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, that the
    request to correct the license for Station WPIZ793, filed by the
    Personal Communications Industry Association, Inc., on March 20,
    2003, IS GRANTED to the extent indicated above and IS OTHERWISE
    DENIED.

12. 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
    of Wings Stadium Management for private land mobile radio service
    Station WPIZ793, Kalamazoo, Michigan, , BE MODIFIED by replacing
    frequency 151.8600 MHz with 151.8650 MHz.

13. IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested, to Wings
    Stadium Management, 3600 Van Rick Dr., Kalamazoo, MI 49001, Attn:
    Mr. Paul Pickard.

14. 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]: *See* Call Sign WPIZ793.

[^2]: Letter dated October 3, 2002 and received October 9, 2002 from
    Richard F. Feser, Director, Spectrum Operations & Analysis, ITA, to
    Mary Shultz, Chief, Licensing and Technical Analysis Branch, Public
    Safety and Private Wireless Division (ITA Request). The PLMR
    frequency pools are the Industrial/Business Pool and the Public
    Safety Pool. *See* 47 C.F.R. §§ 90.20, 90.35.

[^3]: *See* ITA Request at 1.

[^4]: *Id*.

[^5]: *See* Letter dated March 11, 2003, from D'wana R. Terry, Chief,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, to Don Andrew, Coordination Services
    Specialist, PCIA.

[^6]: Letter dated March 20, 2003 from Don Andrew, Coordination Services
    Specialist, PCIA, to Mr. Tom Eng, Public Safety and Private Wireless
    Division, Wireless Telecommunications Bureau (PCIA Request). PCIA
    states that it does not retain the original records for applications
    filed in 1995, which were typically filed with the Commission by
    mail in their original form. *Id.* at 1.

[^7]: *Id*. We note that PCIA's Request and ITA's Request are most
    properly characterized as informal requests for Commission action
    under Section 1.41 of the Commission's Rules, 47 C.F.R. § 1.41.

[^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).