Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. A027584             |
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| SCHROEDER MANATEE RANCH          | ) |                              |
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| Request by Florida Power & Light | * |                              |
| Company to Set Aside             |   |                              |
| Authorization for                | * |                              |
| Industrial/Business Frequencies  | * |                              |
| for Station WPLZ320, Bradenton,  | ) |                              |
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**ORDER**

**Adopted: March 27, 2000 Released: March 29, 2000**

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

1\. *Introduction*. In this *Order*, we address a Petition for
Reconsideration filed by Florida Power & Light Company (FPL) requesting
reconsideration of the action of the Public Safety and Private Wireless
Division (Division), Licensing and Technical Analysis Branch (Branch)
authorizing Schroeder Manatee Ranch (Schroeder Manatee), licensee of
Industrial/Business Station WPLZ320, Bradenton, Florida, to operate on
frequency pair 451.750/456.750 MHz.[^1] For the reasons given herein, we
deny FPL's Petition.

2.  *Background*. On March 30, 1999, Schroeder Manatee was granted
    authorization to use Industrial/Business Pool frequency pair
    451.750/456.750 MHz, under Call Sign WPLZ320, Bradenton, Florida.
    Schroeder Manatee's request had been coordinated by the Personal
    Communications Industry Association. FPL, an electric utility, is
    authorized to use the same frequency pair under Call Sign WNPM717,
    Bradenton, Florida, approximately twelve miles from Schroeder
    Manatee's transmitter. FPL states that it uses the channel for
    essential communications for service repairs and switch routing.[^2]
    It reports that it is incurring "harmful interference" from
    Schroeder Manatee's operations in that it is having difficulty
    accessing 451.750/456.750 MHz due to the additional load that
    Schroeder Manatee has placed on the channel.[^3] FPL alleges that
    the close geographic spacing demonstrates that an improper frequency
    coordination occurred and that the frequency should not have been
    authorized to Schroeder Manatee.[^4] FPL also states that
    discussions between Schroeder Manatee and FPL have taken place and
    Schroeder Manatee is willing to switch to another frequency,[^5] but
    no suitable frequency is available.[^6] On April 21, 1999, FPL filed
    its Petition for Reconsideration.

3\. *Discussion*. Section 90.173 of the Commission's Rules states that
private land mobile radio frequencies in the 450-470 MHz band are
available on a shared basis and will not be assigned for the exclusive
use of any licensee.[^7] There are no provisions in the Commission's
Rules concerning mileage separation or loading criteria for frequencies
below 470 MHz. Therefore, we do not believe that any overlap between
FPL's and Schroeder Manatee's coverage areas is necessarily evidence of
improper coordination or licensing.[^8] We find that the record in this
proceeding is devoid of evidence that the subject license grant is
inconsistent with or violative of the Commission's Rules. Thus, we
conclude that the record in this proceeding supports the Branch's
decision allowing FPL and Schroeder Manatee to share the subject
frequency.[^9]

4\. 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 Sections 1.106, 90.173, and 90.403 of the Commission's Rules, 47
C.F.R. §§ 1.106, 90.173, and 90.403, the Petition for Reconsideration
filed by Florida Power & Light Company on April 21, 1999, to set aside
the authorization of Schroeder Manatee Ranch to use frequency pair
451.750/456.750 MHz at Industrial/Business Station WPLZ320, Bradenton,
Florida IS DENIED.

5\. IT IS FURTHER ORDERED that the Request for Leave to File Supplement,
filed by Florida Power & Light Company on July 2, 1999, IS GRANTED.

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 COMMUNICATIONS COMMISSION
>
> D'wana R. Terry
>
> Chief, Public Safety and Private Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Petition for Reconsideration of License Grant, filed April 21,
    1999 (Petition) at 5. On July 2, 1999, FPL filed a Request for Leave
    to File Supplement to the Petition for Reconsideration of License
    Grant (Supplemental Filing). Because the Supplemental Filing
    addresses events occurring after (or very shortly before) the
    Petition was filed, we will grant FPL's request and accept the
    Supplemental Filing. *See* 47 C.F.R. § 1.106(f) (leave required to
    file supplement more than thirty days after the action of which
    reconsideration is sought).

[^2]: Petition at 2.

[^3]: *Id*. at 2-3.

[^4]: *Id*. at 3-4.

[^5]: *Id*. at 4.

[^6]: *Id*.; Supplemental Filing at 2.

[^7]: 47 C.F.R. § 90.173(a).

[^8]: *See*, *e. g.*, Douglas R. Thompson d/b/a Cara Enterprises,
    *Memorandum Opinion and Order*, DA 00-272, ¶ 9 (WTB PSPWD rel. Feb.
    14, 2000).

[^9]: Section 90.173 provides that licensees shall cooperate in the use
    of frequencies in order to reduce interference and to make the most
    efficient use of the spectrum authorized, and that licensees of
    stations suffering or causing harmful interference are expected to
    cooperate and to resolve the problem of interference by mutually
    satisfactory arrangements. 47 C.F.R. 90.173(b). Section 90.403
    contains operating requirements, such as restriction of
    transmissions to the minimum practicable transmission time and
    monitoring of the transmitting frequency for communications in
    progress. 47 C.F.R. § 90.403.