**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| PAPPAMAL WELLINGTON KURIAN       | ** |                              |
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| Licensee of Industrial/Business  | *  |                              |
| Pool Station WPYC727, Fort       | *) |                              |
| Worth, Texas                     | ** |                              |
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**ORDER OF MODIFICATION**

**Adopted: December 3, 2007 Released: December 4, 2007**

By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau:

1.  *Introduction*. In this *Order of Modification*, we modify the
    license of Pappammal Wellington Kurian (Kurian) for
    Industrial/Business Pool Private Land Mobile Radio Station WPYC727,
    licensed by replacing frequency pair 483/486.575 MHz with frequency
    pair 483/486.150 MHz. As explained below, we take this action
    pursuant to an earlier order proposing to modify Kurian's
    license.[^1]

2.  *Background.* In 1997, the Commission directed the certified
    frequency coordinators for the private land mobile radio services to
    reach a consensus on the applicable coordination procedures for the
    12.5 kHz "offset" channels in the 470-512 MHz band.[^2] That
    consensus is embodied in the Land Mobile Communications Council
    (LMCC) procedures for evaluating adjacent channel interference in
    the 470-512 MHz band using the interference criteria of
    TIA/EIA/TSB-88[^3] (TSB-88).[^4] The LMCC Consensus provides that an
    application shall not be certified if an incumbent or the applicant
    has unacceptable interference of more than five percent reduction of
    the calculated service area reliability.[^5]

3.  The license for Station WPYC727, Fort Worth, Texas, authorizes
    operation on frequency pair 483/486.575 MHz. The application was
    coordinated by the Personal Communications Industry Association
    (PCIA)[^6] on May 2, 2003, and granted on May 5, 2003.[^7] On
    September 23, 2004, Net Wave Communications LLC (Net Wave) asked
    that the license for Station WPYC727 be revoked on the grounds that
    the coordination was defective because Net Wave's Station WPXR837,
    Rhome, Texas, operating on adjacent channel 483/486.5625 MHz was
    suffering more than five percent signal degradation.[^8]

4.  After staff engineers of the Wireless Telecommunications Bureau's
    former Public Safety and Critical Infrastructure Division
    (PSCID)[^9] conducted an independent analysis and determined that
    Station WPYC727 creates over seven percent new interference to
    Station WPXR837, PSCID directed PCIA to indicate whether an
    alternative frequency was available for Station WPYC727, and asked
    if the licensee would be willing to modify the license in accordance
    with PCIA's recommendation.[^10] On March 1, 2007, PCIA recommended
    frequency pair 483/486.150 MHz as a replacement channel.[^11] This
    frequency pair satisfies the interference criteria of TSB-88 with
    respect to adjacent channel licenses.[^12] Consequently, we proposed
    to modify the license for Station WPYC727 by replacing frequency
    pair 483/486.575 MHz with frequency pair 483/486.150 MHz.[^13]

5.  *Discussion*. The *Order Proposing Modification* was released on
    August 1, 2007. Kurian did not protest the proposed modification of
    her license within the requisite thirty-day time frame,[^14] but
    later stated that she did not object to the proposed
    modification.[^15] Accordingly, Kurian is deemed to have consented
    to the proposed modification. Based on the record before us, we
    conclude that it is in the public interest to modify Kurian's
    station license for Station WPYC727 by replacing frequency pair
    483/486.575 MHz with frequency pair 483/486.150 MHz.

6.  *Conclusion and Ordering Clauses.* Accordingly, IT IS ORDERED,
    pursuant to Sections 4(i) and 316(a) of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 154(i), 316(a), and Section 1.87 of
    the Commission\'s Rules, 47 C.F.R. § 1.87, that the license for
    Industrial/Business Pool Private Land Mobile Radio Station WPYC727,
    Fort Worth, Texas, held by Pappamal Wellington Kurian, BE MODIFIED
    by replacing frequency pair 483/486.575 MHz with frequency pair
    483/486.150 MHz.

7.  IT IS FURTHER ORDERED that this *Order of Modification* SHALL BE
    SENT by certified mail, return receipt requested, to Pappamal
    Wellington Kurian at the following addresses: 3705 Misty Fall St.,
    Las Vegas, NV 89129, and 10345 Dunster Castle Dr., Las Vegas, NV
    89135.

8.  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

Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

# 

[^1]: *See* Pappammal Wellington Kurian, *Order Proposing Modification*,
    22 FCC Rcd 14002 (WTB MD 2007) (*Order Proposing Modification*).

[^2]: *See* Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, *Second Report and Order*, PR Docket
    No. 92‑235, 12 FCC Rcd 14307, 14330-31 ¶ 43 (1997).

[^3]: *See* Telecommunications Industry Association/Electronics Industry
    Association Telecommunications Systems Bulletin 88 (TIA/EIA/TSB-88),
    *Wireline Communications System -- Performance in Noise and
    Interference-Limited Situations - Recommended Methods for
    Technology-Independent Modeling, Simulation, and Verification*
    (January 1998).

[^4]: *See* Filing Freeze to Be Lifted for Applications Under Part 90
    for 12.5 kHz Offset Channels in the 421-430 and 470-512 MHz Bands,
    *Public Notice*, 13 FCC Rcd 5942, 5942 (WTB 1997) (citing Letter
    from Larry A. Miller, President, LMCC, to Daniel B. Phythyon, Esq.,
    Acting Chief, Wireless Telecommunications Bureau (Sept. 10, 1997)
    (LMCC Consensus)).

[^5]: *See* LMCC Consensus, Attachment at 2. The LMCC later confirmed
    this position. *See* Letter dated Oct. 13, 2003 from Larry A.
    Miller, President, LMCC to D'Wana Terry, Chief, Public Safety and
    Private Wireless Division, Wireless Telecommunications Bureau.

[^6]: PCIA Frequency Coordination No. PC20030630003.

[^7]: *See* FCC File No. 0001298249 (filed May 4, 2003). The license was
    initially granted to Aftab Umar, *see id.*, who subsequently
    assigned it to Samuel Moses PR, *see* FCC File No. 0001892069 (filed
    Oct. 5, 2004), who subsequently assigned it to Kurian, *see* FCC
    File No. 0002292286 (filed Aug. 26, 2005).

[^8]: Letter dated September 23, 2004 from Lynn Beagles, President, Net
    Wave Communications, LLP to Michael Wilhelm, Chief, Public Safety
    and Critical Infrastructure Division, Wireless Telecommunications
    Bureau.

[^9]: Pursuant to a Commission reorganization effective September 25,
    2006, certain duties of the Public Safety and Critical
    Infrastructure Division were assumed by the Mobility Division. *See*
    Establishment of the Public Safety and Homeland Security Bureau,
    *Order*, 21 FCC Rcd 10867 (2006).

[^10]: *See* Letter dated November 22, 2005, from Scot Stone, Deputy
    Chief, Public Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau to Don Andrew, Personal Communications
    Industry Association.

[^11]: *See* Letter dated March 1, 2007, from Don Andrew, Manager, PCIA
    Frequency Coordination Services to Melvin Spann, Federal
    Communications Commission, WTB, Public Safety and Critical
    Infrastructure Division. PCIA initially responded only that it was
    "prepared to file an FCC Form 601 application along with an
    attachment containing the required letters of consent to modify
    WPYC727,\" without identifying a potential replacement channel.
    *See* Letter dated December 19, 2005, from Don Andrew, Manager, PCIA
    Frequency Coordination Services to Melvin Spann, Federal
    Communications Commission, WTB, Public Safety and Critical
    Infrastructure Division. The Wireless Telecommunications Bureau's
    Mobility Division then sent a follow-up letter to PCIA directing it
    to provide an alternative technical solution. *See* Letter dated
    January 31, 2007, from Scot Stone, Deputy Chief, Public Safety and
    Critical Infrastructure Division, Wireless Telecommunications Bureau
    to Don Andrew, Personal Communications Industry Association.

[^12]: The channel does not satisfy the interference criteria of TSB-88
    with respect to Station WPTS208, Plano, Texas, but that station is
    also licensed to Kurian.

[^13]: *See Order Proposing Modification*, 22 FCC Rcd at 14003 ¶ 6. We
    concluded that modifying the license would serve the public interest
    by eliminating harmful interference to Station WPXR837.

[^14]: *See* 47 C.F.R. § 1.87(g)(1).

[^15]: *See* Letter dated Sept. 10, 2007 from Pappamal Kurian, Spectrum
    Wireless LLC, to Scot Stone, Deputy Chief, Mobility Division,
    Wireless Telecommunications Bureau.