**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | FCC File No. D108068         |
|                                  | *) |                              |
| NATIONAL SCIENCE AND TECHNOLOGY  | ** | FCC File No. C007248         |
| NETWORK, INC.                    |    |                              |
|                                  | *  |                              |
| Licensee of Private Land Mobile  | *) |                              |
| Radio Station WPMJ456, Glendale, | ** |                              |
| California                       |    |                              |
|                                  | *  |                              |
| FISHER WIRELESS SERVICES, INC.   | *) |                              |
|                                  | ** |                              |
| Licensee of Private Land Mobile  |    |                              |
| Radio Station                    | *  |                              |
|                                  | *) |                              |
| WPNQ697, Running Springs,        | ** |                              |
| California                       |    |                              |
|                                  | *  |                              |
| HENRY RADIO, INC.                | *) |                              |
|                                  | ** |                              |
| Informal Petitions               |    |                              |
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| AMERICAN AUTOMOBILE ASSOCIATION  | *) |                              |
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| Informal Complaint               |    |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: August 7, 2002 Released: August 9, 2002**

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

# INTRODUCTION

1.  We have before us an ongoing conflict involving National Science and
    Technology Network, Inc. (NSTN), licensee of centralized trunked
    Station WPMJ456, Glendale, California, and various other licensees.
    To date, the licensees and the frequency coordinators who
    coordinated the underlying applications have been unable to resolve
    this matter. Based upon our review and analysis of the information
    before us,[^1] we propose to resolve this matter by modifying NSTN's
    license for Station WPMJ456 to change the station class of NSTN's
    authorization from a centralized trunked station (station class
    "FB8")[^2], to a decentralized trunked station (station class
    "FB6")[^3]. We also deny various informal complaints filed against
    other licensees because those complaints were based upon Station
    WPMJ456 having a valid claim to an exclusive area of operation.

# BACKGROUND

2.  Frequency coordination in the Private Land Mobile Radio (PLMR)
    Services is the process by which a private entity certified by the
    Commission recommends the most appropriate frequencies for
    applicants in their designated radio service.[^4] In 1986, the
    Commission adopted frequency coordination rules and procedures in an
    effort to maximize service to the public by assuring that the
    assignment and management of the PLMR spectrum is performed in an
    efficient and effective manner.[^5] The Commission has stated that
    accurate information is fundamental to its ability to review
    effectively the frequency recommendations made by frequency
    coordinators prior to licensing.[^6] A fundamental aspect of
    frequency coordination, in any radio service, is an accurate
    determination by the frequency coordinator of whether the proposed
    operations potentially will cause harmful interference to existing
    co-channel or adjacent channel licensees.[^7]

3.  In 1997, the Commission allowed centralized trunking in the PLMR
    bands between 150 MHz and 512 MHz.[^8] The Commission emphasized
    that centralized trunking would be permitted only in those areas
    where exclusivity is recognized by the Commission or where an
    applicant/licensee has obtained the consent of all licensees whose
    service areas overlap a circle with a radius of 70 miles from the
    proposed trunked system's base station.[^9] In 1999, the Commission
    provided applicants with an alternate means of obtaining an
    authorization for a centralized trunked system by obtaining the
    concurrence of any existing co-channel or adjacent channel licensee
    whose 39 dBu service contour (UHF) or 37 dBu service contour (VHF)
    is intersected by the 21 dBu (UHF) or 19 dBu (VHF) interference
    contour of a proposed trunked station.[^10]

4.  In 2000, the Commission revised the definition of trunked systems
    that are governed by Section 90.187 of the Commission's Rules, to
    recognize all types of trunked systems, *i.e*., centralized,
    decentralized, and hybrid[^11] that may be authorized in the 150-512
    MHz bands.[^12] The Commission also made clear that except under
    certain conditions, trunked systems must now employ equipment that
    prevents transmission on a trunked frequency if a signal from
    another system is present on that frequency,[^13] and that the level
    of monitoring must be sufficient to avoid causing harmful
    interference to other systems.[^14] Further, the Commission
    specified new licensing procedures with respect to trunked PLMR
    systems operating in the 150-512 MHz bands.[^15]

5.  Under the new licensing procedures, in order for a licensee to
    operate in the trunked mode, its license must specify a trunked
    radio service code.[^16] The Commission also established a new
    station class code for trunking -- FB8.[^17] Applicants must use the
    FB8 station class code for channels that are not subject to the
    monitoring requirement (*i.e*., the applicant/licensee has obtained
    the necessary consent or has exclusive use of the channel).[^18]
    Applicants proposing a decentralized trunked system are subject to
    monitoring requirements and, therefore, would not use the FB8
    code.[^19] These rule changes became effective November 13,
    2000.[^20]

6.  The instant case originated on May 14, 1998, when American
    Automobile Association (AAA), a FCC-certified frequency coordinator,
    filed an application on behalf of NSTN to operate in the centralized
    trunked mode in the 450 MHz band.[^21] NSTN received an
    authorization to operate centralized trunked Industrial/Business
    Station WPMJ456 on August 12, 1998.[^22] Approximately three months
    later, on November 5, 1998, the Industrial Telecommunications
    Association, Inc. (ITA), another FCC-certified frequency
    coordinator, filed an application on behalf of Fisher, requesting
    authorization for Fisher to operate in the decentralized trunked
    mode in the 450 MHz band.[^23] In November 1998, NSTN filed an
    "informal petition" in which it requested the deletion of frequency
    pairs 452.3000/457.3000 MHz and 452.6500/457.6500 MHz from Fisher's
    application, FCC File No.9811C007248, due to the close proximity of
    NSTN's use of the same frequencies in its operation of Station
    WPMJ456.[^24] Fisher received an authorization to operate
    decentralized trunked Conventional Industrial/Business Station
    WPNQ697 on May 6, 1999.[^25]

7.  Since then, NSTN has filed at least two additional "informal
    petitions" in its effort to have us delete the subject frequencies
    from Fisher's license for Station WPNQ697.[^26] These petitions
    argue that the frequencies should be deleted from Station WPNQ697,
    because Fisher's underlying applications were filed "many months
    after our mutually exclusive YG application had already been
    granted."[^27]

8.  In response to a FCC request to investigate the frequency
    coordination and procedural issues surrounding the grant of Station
    WPNQ697 to Fisher, ITA submitted a frequency analysis in which it
    demonstrates that on virtually every frequency at each of the four
    base station sites authorized on the license for Station WPMJ456,
    there were multiple incumbent co-channel or adjacent channel
    licensees located within 70 miles of NSTN's base stations.[^28] ITA
    states that according to NSTN's "application records, it does not
    appear that an engineering analysis was performed to confirm the
    necessary compliance with Section 90.187(b)(2)(i) and (ii), nor does
    it appear that the FCC received the necessary letters of consent
    from any co-channel and adjacent channel incumbents."[^29] As a
    result, ITA is opposed to setting aside the license of Station
    WPNQ697 on the basis that it compromised the trunked status of
    Station WPMJ456, because it believes that Station WPMJ456 should
    never have received an "YG" license.[^30] ITA suggests that instead,
    Station WPMJ456 be modified from centralized trunked to conventional
    status, "which would require that the parties cooperate and resolve
    instances of harmful interference as the channel(s) in question are
    assigned on a shared basis."[^31] On July 2, 1999, AAA notified the
    Commission that it had been unable to resolve the interference
    conflict.[^32] AAA suggested frequency pairs 452.3000/457.3000 MHz
    and 452.65090/457.6500 MHz be removed from Station WPNQ697,[^33] and
    that Station WPMJ456 remain a centralized trunked system.[^34]

9.  On October 14, 1999, the Commercial Wireless Division, Wireless
    Telecommunications Bureau (Division) notified ITA and Fisher that
    Station WPNQ697 violated the co-channel separation requirements of
    Section 90.187 of the Commission's Rules, as it is located less that
    70 miles from NSTN's Station WPMJ456.[^35] Citing its authority to
    set-aside "an application that has been granted as a result of an
    inadvertent, ministerial processing error," the Division removed
    frequency pair 452.3000/457.3000 MHz from Station WPNQ697's
    license.[^36] In addition, the Division directed AAA to submit an
    explanation showing how NSTN's application for Station WMPJ456 had
    complied with the Commission's Rules.[^37]

10. On November 15, 1999, AAA averred that grant of frequency pair
    452.3000/457.3000 MHz on Station WPNQ697 was "improvidently granted"
    and should be deleted from Fisher's license.[^38] AAA also noted
    that "resolution of this matter must also include 452/457.650
    MHz."[^39] Regarding the Division's request for information
    reflecting proper frequency coordination for Station WMPJ456,
    however, AAA stated that it would be unable to comply as it "does
    not retain engineering data on applications it coordinates beyond
    the date their FCC grants become final."[^40]

11. On February 10, 2000, Mobile Relay Associations, Inc. (MRA),
    licensee of several PLMR stations located in the Los Angeles,
    California area, filed a letter in support of ITA's suggestion to
    modify Station WPMJ456, stating out that NSTN's license had been
    obtained through an "improper, defective coordination,"[^41] as MRA
    had three co-channel applications pending before the Commission at
    the time NSTN's application was coordinated by AAA.[^42] MRA noted
    further that the peudency of its applications should have prohibited
    AAA from coordinating any conflicting applications.[^43]

12. On June 7, 2000, AAA submitted an informal complaint alleging that
    various granted licenses and applications being filed on frequencies
    licensed to Station WPMJ456 were being improperly coordinated and/or
    granted.[^44] AAA alleged that each of the licenses was granted
    within the protected operating area of Station WPMJ456. AAA
    requested that the licenses be "corrected" to remove the frequencies
    licensed to NSTN within NSTN's protected operating area.

13. On June 26, 2000, the Licensing and Technical Analysis Branch of the
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau (Branch) reiterated the Division's
    previous request that AAA demonstrate the sufficiency of the
    frequency coordination conducted for Station WPMJ456.[^45] The
    Branch sent AAA a copy of the ITA analysis and instructed AAA to
    provide a copy of the letter of consent from each licensee
    referenced in ITA's analysis, as well as an engineering study
    showing compliance with Section 90.187 of the Commission's
    Rules.[^46] The Branch noted that although AAA indicated that it
    does not maintain frequency coordination records, Section
    90.187(b)(2)(v) of the Commission's Rules requires trunked licensees
    to maintain letters of consent and to provide copies to the FCC upon
    request.[^47] The Branch further noted that if AAA's coordination of
    Station WPMJ456 was proven to be valid, the Branch could dismiss
    ITA's objection.[^48] Otherwise, the Branch would "institute a
    license modification proceeding" against Station WPMJ456.[^49]

14. By letter dated June 26, 2000, the Branch informed Fisher that it
    appeared that the previous deletion of frequency pair
    452.3000/457.3000 MHz of Station WPNQ697 should have included
    frequency pair 452/457.6500 MHz and thus, "remains an open
    issue."[^50] Fisher was asked to notify the Branch within thirty
    days of what action it would take concerning its use of frequency
    pair 452.6500/457.6500 MHz.[^51]

15. On July 21, 2000, AAA responded to the Branch's June 26, 2000
    inquiry relating to its frequency recommendation for Station
    WPMJ456.[^52] Rather than supplying the requested information, AAA
    took the position that it was "unreasonable" for us to ask AAA to
    recreate the "state of affairs" that existed in 1997 or 1998.[^53]
    AAA again states that it does not retain engineering data on
    applications it coordinates beyond the date the FCC grants become
    final, and argues that the thirty-day period that coordinators and
    licensees are given in which to protest the grant of an
    authorization elapsed two years ago.[^54] AAA recommends that "the
    FCC should dismiss the complaint and uphold the integrity of the
    NSTN license, \[sic\] and the FCC's own application processing
    procedures."[^55] Attached to AAA's July 21, 2000 letter is a letter
    from Fisher stating that it had ceased transmission on frequency
    pair 452.6500/457.6500 MHz. Fisher requested "that the frequency
    pair be held in abeyance pending a final resolution of the dispute
    regarding the underlying coordination process."[^56]

# DISCUSSION

16. Based upon the record in this proceeding, we conclude that the
    original NSTN application should not have been coordinated or
    granted because it did not provide the requisite interference
    protection to several existing stations and pending applications. As
    a result, we find that AAA's coordination of NSTN's application for
    centralized trunked operations was defective. In this connection, we
    note that ITA's analysis demonstrates that at the time of AAA's
    coordination, there were multiple co-channel and adjacent channel
    PLMR stations located within 70 miles of Station WPMJ456.[^57] While
    former Section 90.187(b) (2) required the written consent from such
    licensees, there is no record that the required consents were
    obtained. AAA's statements that it "does not retain engineering data
    on applications it coordinates beyond the date their FCC grants
    become final," and that "it is not reasonable to expect AAA to
    complete another engineering analysis" are insufficient to counter
    the weight of the ITA analysis, particularly given the absence of
    the requisite consents.[^58]

17. We believe that Section 316(a)(1) of the Communications Act of 1934,
    as amended, provides the appropriate vehicle for resolving this
    matter.[^59] Section 316(a) permits the Commission to modify a
    station license if the action will promote the public interest,
    convenience, and necessity.[^60] Because the coordination and
    eventual grant of NSTN's application were defective, we believe that
    a modification of the NSTN license to change the station class from
    FB8 to FB6. As a result of such modification, NSTN will have to
    monitor before transmitting, thereby avoiding harmful interference
    to pre-existing licensees. is the appropriate means of preventing
    harmful interference to pre-existing licensees. This will allow NSTN
    to continue serving customers, while ensuring that its operations do
    not interfere with the operations of Fisher, MRA, and other
    co-channel and adjacent channel licensees. Moreover, the proposed
    modification would serve the public interest by preserving the
    existing coverage areas of affected parties and prevent harmful
    interference, while not unduly disrupting NSTN's operations. In
    accordance with Section 1.87(a) of the Commission\'s Rules,[^61] we
    will not issue a modification order until NSTN has received notice
    of our proposed action and has had an opportunity to interpose a
    protest. To protest the modification, NSTN 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,
    D.C. 20554. If no protest is filed, NSTN will have waived its right
    to protest the modification and will be deemed to have consented to
    the modification.

18. Finally, we deny the informal petitions filed against Fisher's
    license and AAA's June 7, 2000 informal request that we set-aside
    the grant of various licenses issued on these frequencies after the
    grant of the license for Station WPMJ456.[^62] Henry Radio's and
    AAA's complaints are based upon NSTN's status as a centralized
    trunked station. As noted above, we have concluded that NSTN's
    application should not have been granted as a centralized trunked
    station and that NSTN was not entitled to an exclusive area of
    operation. None of the stations about which NSTN or AAA complains is
    licensed as a centralized trunked station. Accordingly, we conclude
    that it would be appropriate to require NSTN and the other licensees
    to share the channel cooperatively.[^63]

# CONCLUSION

19. For the reasons stated above, we conclude that the underlying
    frequency coordination and subsequent grant of station class FB8
    (centralized trunked station) on NSTN's Station WPMJ456 was
    defective. Accordingly, we propose to modify this license.
    Specifically, we propose to modify the license from a centralized
    trunked station to a decentralized trunked station (station class
    FB6). In addition, we dismiss the Informal Petitions filed by NSTN
    as moot.

# ORDERING CLAUSES

20. ACCORDINGLY, IT IS PROPOSED that, pursuant to Section 4(i) and
    316(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), and 316(a), and Section 1.87 of the Commission's Rules, 47
    C.F.R. § 1.87, the license for Private Land Mobile Radio Service
    Station WPMJ456 BE MODIFIED to change the station class from FB8 to
    FB6.

21. IT IS ORDERED that, pursuant to Section 4(i) Communications Act of
    1934, as amended, 47 U.S.C. § 154(i), and Section 1.87(i) of the
    Commission's Rules, 47 C.F.R. § 1.87(i), that this *Memorandum
    Opinion and Order* shall be sent by certified mail, return receipt
    requested to National Science and Technology Network, Inc.

22. IT IS FURTHER ORDERED that, pursuant to Section 4(i) 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, the Informal Petition filed by
    Henry Radio on November 25, 1998 IS DENIED.

23. IT IS FURTHER ORDERED that, pursuant to Section 4(i) 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, the Informal Petition filed by
    Henry Radio on May 15, 1999 IS DENIED.

24. IT IS FURTHER ORDERED that, pursuant to Section 4(i) 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, the Informal Petition filed by
    Henry Radio on June 24, 1999 IS DENIED.

25. IT IS FURTHER ORDERED that, pursuant to Section 4(i) 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, the informal complaint
    submitted by the American Automobile Association on June 7, 2000 IS
    DENIED.

26. 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]: The following pleadings are pending: informal petitions filed
    November 25, 1998, May 15, 1999, and June 2, 1999 by NSTN seeking
    the set-aside of the grant of the license for Station WPNQ697,
    Running Springs, California to Fisher Wireless Services, Inc.; a
    complaint filed February 10, 2000 by Mobile Relay Associates (MRA)
    seeking cancellation of NSTN's license for Station WPMJ456; a letter
    dated June 13, 2000, from the American Automobile Association, Inc.
    (AAA) alleging improper coordination of several stations licensed on
    frequencies co-channel to Station WPMJ456; and various responsive
    pleadings.

[^2]: In a "centralized trunked system," the base station controller
    provides dynamic channel assignments automatically searching all
    channels in the system for, and assigning to a user, an open channel
    within that system.

[^3]: In a "decentralized trunked system," which is also a system of
    dynamic channel assignment, the system continually monitors the
    assigned channels for activity both within the trunked system and
    outside the trunked system, and transmits only when an open channel
    is found.

[^4]: *See* Frequency Coordination in the Private Land Mobile Radio
    Services, *Report and Order,* 103 FCC 2d 1093 (1986).

[^5]: *Id.* at 1094-1095 ¶ 2.

[^6]: *Id.* at 1148 ¶ 111, 1150 ¶ 116.

[^7]: *See generally* American Mobile Telecommunications Association,
    Inc. and American Trucking Associations, Inc., DA 01-1411, *Report
    and Order*, 16 FCC Rcd 12,416 ¶¶ 13-15 (WTB PSPWD June 11, 2001)*.*

[^8]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them, PR
    Docket No. 92-235, *Second Report and Order*, 12 FCC Rcd 14307,
    14337-38 ¶¶ 56-59 (1997). At the time, only decentralized trunking
    was permitted. In a "centralized trunked system," the base station
    controller provides dynamic channel assignments by automatically
    searching all channels in the system for, and assigning to a user,
    an open channel within that system. In a "decentralized trunked
    system," which is also a system of dynamic channel assignment, the
    system continually monitors the assigned channels for activity both
    within the trunked system and outside the trunked system, and
    transmits only when an open channel is found.

[^9]: *Id.*

[^10]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them, PR
    Docket No. 92-235, *Third Memorandum Opinion and Order*, 14 FCC Rcd
    10922, 10926-27 ¶¶ 6-9 (1999).

[^11]: A "hybrid trunked system" is one where at least one of the
    frequencies being trunked, but not all the frequencies being
    trunked, meet the criteria specified in 47 C.F.R. § 90.187(b). *See*
    Wireless Telecommunications Bureau Clarifies Procedures for
    Licensing Trunked Radio Systems Operating Between 150-512 MHz,
    *Public Notice*, 15 FCC Rcd 22062, n.1 (WTB PSPWD 2000).

[^12]: *See* 1998 Biennial Regulatory Review - 47 C.F.R. Part 90 --
    Private Land Mobile Radio Services, 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, WTB Docket
    98-182, *Report and Order and Further Notice of Proposed
    Rulemaking*, 15 FCC Rcd 16673, 16685-6 ¶ 25 (2000) (*Part 90 R&O*).

[^13]: *Id*. *See* 47 C.F.R. § 90.187(b) (2001) (monitoring required
    unless the conditions in paragraphs (b)(1) or (b)(2) are met). *See*
    47 C.F.R. §§ 90.187(b)(1) (2001) (applicant/licensee has exclusive
    use of the channel(s)), 90.187(b)(2) (2001) (applicant/licensee has
    obtained consent of affected parties).

[^14]: *Part 90 R&O*, 15 FCC Rcd at 16685-6 ¶ 25. The Commission
    indicated that it would rely on the frequency coordinators to
    specify a "level" of monitoring. *Id*. In this regard, the
    Commission said it would expect coordinators to specify whether
    monitoring has to be done at the base station (repeater) and what
    transmissions have to be monitored (*i.e*., the transmissions coming
    from another licensee's mobiles/portables or another licensee\'s
    base station). *Id*. As a result, frequency coordinators are
    required to develop and employ uniform procedures concerning the
    certification of applications proposing trunked systems that require
    monitoring. *Id*.

[^15]: *Id*. at 16686 ¶ 26.

[^16]: *Id*. "YG" is for operations on frequencies in the
    Industrial/Business Pool and "YW" is for operations on frequencies
    in the Public Safety Pool. *Id*. n.85 (citing 47 C.F.R. § 1.952
    (1998)). Service codes now appear on the Commission forms. 47 C.F.R.
    § 1.926 (2000).

[^17]: *Part 90 R&O*, 15 FCC Rcd at 16686 ¶ 26.

[^18]: *Id*. We note that prior to the *Part 90 R&O*, exclusivity was
    shown on the license with radio service code YG and station class
    FB6. After the *Part 90 R&O* the Commission conducted an automated
    update on all licenses indicating exclusivity, *i.e*., YG and FB6,
    to change their station class to FB8.

[^19]: Wireless Telecommunications Bureau Clarifies Procedures for
    Licensing Trunked Radio Systems Operating Between 150-512 MHz, DA
    00-2565, *Public Notice*, 15 FCC Rcd 22062 (Nov. 9, 2000).
    Applications for decentralized trunked systems must still specify a
    trunked radio service code (*i.e*. YG or YW).

[^20]: 65 Fed. Reg. 60869 (2000).

[^21]: *See* FCC File No. 9805D108068 (filed May 14, 1998).

[^22]: *Id*. (granted Aug. 12, 1998).

[^23]: *See* FCC File No. 9811C007248 (filed Nov. 5, 1998).

[^24]: Henry Radio Informal Petition, dated November 25, 1998.

[^25]: *Id*. (granted May 6, 1999).

[^26]: Henry Radio Informal Petition, dated May 15, 1999; Henry Radio
    Informal Petition, dated June 24, 1999.

[^27]: Henry Radio Informal Petition, dated June 24, 1999.

[^28]: *See* Letter from Mark E. Crosby, President/CEO of ITA, to Eric
    Smith, Commercial Wireless Division, Wireless Telecommunications
    Bureau, Federal Communications Commission at 1 (dated June 16, 1999)
    (ITA Frequency Analysis).

[^29]: *Id*. at 1-2.

[^30]: *Id*. at 1.

[^31]: *Id*.

[^32]: *See* Letter from Gary Ruark, Frequency Coordinator, AAA, to Eric
    Smith, Commercial Wireless Division, Wireless Telecommunications
    Bureau, Federal Communications Commission (dated July 2, 1999).

[^33]: *Id*.

[^34]: *Id*. at 2.

[^35]: *See* Letter from Ronald B. Fuhrman, Deputy Chief, Technical
    Analysis Section, Commercial Wireless Division, to Fisher Wireless
    Services, Inc. (dated Oct. 14. 1999). Note: Fisher's Station WPNQ697
    is within 69 kilometers of NSTN's Station WPMJ456.

[^36]: *Id*. at 2.

[^37]: *Id*.

[^38]: *See* Letter from Michele C. Farquhar, counsel to the American
    Automobile Association, to Ronald B. Fuhrman, Deputy Chief,
    Technical Analysis Section, Commercial Wireless Division (dated Nov.
    15, 1999).

[^39]: *Id*. at 2.

[^40]: *Id*. at 1.

[^41]: *See* Letter from David J. Kaufman, counsel to Mobile Relay
    Associations, Inc., to Herb Zeiler, Deputy Chief, Public Safety and
    Private Wireless Division (dated Feb. 10, 2000) (MRA Letter).

[^42]: *See* FCC File Nos. D103740, D104462, and D107518, subsequently
    granted respectively under Call Signs WPPE290, WPHH415, and
    WPPF223).

[^43]: MRA Letter at 1.

[^44]: *See* Letter dated June 7, 2000 from Gary Ruark, AAA Frequency
    Coordinator, to D'wana R. Terry, Chief, Public Safety and Private
    Wireless Division, Wireless Telecommunications Bureau. The licenses
    in question were identified as Stations WPHH415, WPPF223, WPPF290,
    WPIY390, WPNQ697, WPNN390, WPLZ880, WPMV761, WPMU831, WPMG376, and
    WPMT554. The applications in question were FCC File Nos. D049983,
    D050789, and D110873.

[^45]: *See* Letter from Steve Linn, Deputy Chief, on behalf of Mary
    Shultz, Chief, Licensing and Technical Analysis Branch, Public
    Safety & Private Wireless Division, Wireless Telecommunications
    Bureau, to Elizabeth Sachs, counsel to Fisher Wireless Services,
    Inc. (dated Jun. 26, 2000).

[^46]: *Id*. at 1.

[^47]: *Id.* at 1, note 1.

[^48]: *Id*. at 1-2.

[^49]: *Id*.

[^50]: *See* Letter from Steve Linn, Deputy Chief, on behalf of Mary
    Shultz, Chief, Licensing and Technical Analysis Branch, Public
    Safety & Private Wireless Division, Wireless Telecommunications
    Bureau, to Elizabeth Sachs, counsel to Fisher Wireless Services,
    Inc. (dated Jun. 26, 2000).

[^51]: *Id*. at 1.

[^52]: *See* Letter from Gary Ruark, Frequency Coordinator, Automobile
    Association of America, to Mary Shultz, Chief, Licensing and
    Technical Analysis Branch, Public Safety & Private Wireless
    Division, Wireless Telecommunications Bureau (dated Jul. 21, 2000).

[^53]: *Id*. at 2.

[^54]: *Id.*

[^55]: *Id*. at 2-3.

[^56]: *Id*. at Attachment 1.

[^57]: ITA Frequency Analysis at 1.

[^58]: Letter from Gary Ruark, Frequency Coordinator, Automobile
    Association of America, to Mary Shultz, Chief, Licensing and
    Technical Analysis Branch, Public Safety & Private Wireless
    Division, Wireless Telecommunications Bureau (dated July 21, 2000).

[^59]: 47 U.S.C. § 316(a)(1).

[^60]: *Id*.

[^61]: 47 C.F.R. § 1.87(a).

[^62]: We have modified erroneously granted licenses after the original
    license grant has become final. *See, e.g.*, Davis Electronics,
    Inc., DA 02-1266, *Memorandum Opinion and Order* (WTB PSPWD rel. May
    31, 2002) (license modified after 30 days because of erroneous
    frequency coordination); Grand Trunk Western Railroad Communications
    Department, DA 02-989, *Memorandum Opinion and Order*, 17 FCC Rcd
    8015 (WTB PSPWD 2002) (improperly granted license modified by
    Commission after 30 days); Cara Enterprises, Inc., *Memorandum
    Opinion and Order*, 17 FCC Rcd 8009 (WTB PSPWD 2002) (license
    modified after 30 days because original frequency coordination was
    faulty).

[^63]: *See* 47 C.F.R. § 90.173(a) ("Except as otherwise specifically
    provided for in this part, frequencies assigned to land mobile
    stations are available on a shared basis only and will not be
    assigned for the exclusive use of any licensee.")