**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | FCC File Nos. 0000415681,    |
|                                  | *) | 0002100058                   |
| SAMUEL MOSES                     | ** |                              |
|                                  |    | FCC File No. 0000681221      |
| Application To Operate an        | *  |                              |
| Industrial/Business Station in   | *) | FCC File Nos. 0002134475,    |
| the Private Land Mobile Radio    | ** | 0002134486                   |
|                                  |    |                              |
| Services in Montrose,            | *  | FCC File Nos. 0002075529,    |
| California; Application for      | *) | 0002084666                   |
| Assignment of                    | ** |                              |
| Industrial/Business Station in   |    |                              |
| the Private Land Mobile Radio    | *  |                              |
| Services WPSI886, Montrose,      | *) |                              |
| California;                      | ** |                              |
|                                  |    |                              |
| THOMAS K. KURIAN                 | *  |                              |
|                                  | *) |                              |
| Application for Assignment of    | ** |                              |
| Industrial/Business Station in   |    |                              |
| the Private Land Mobile Radio    | *  |                              |
| Services WPSI886, Montrose,      | *) |                              |
| California;                      | ** |                              |
|                                  |    |                              |
| KEVIN R. NIDA                    | *  |                              |
|                                  | *) |                              |
| Application for Assignment of    | ** |                              |
| Industrial/Business Stations in  |    |                              |
| the Private Land Mobile Radio    | *  |                              |
|                                  | *) |                              |
| Services WPSI886 and WQAK850,    | ** |                              |
| Montrose, California;            |    |                              |
|                                  | *  |                              |
| FM RADIO SERVICE LLC             | *) |                              |
|                                  | ** |                              |
| Application for Assignment of    |    |                              |
| Industrial/Business Stations in  | *  |                              |
| the Private Land Mobile Radio    | *) |                              |
| Services WQCJ919 and WQCL258,    | ** |                              |
| Montrose, California             |    |                              |
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+----------------------------------+----+------------------------------+

**ORDER ON FURTHER RECONSIDERATION**

**Adopted: October 3, 2006 Released: October 4, 2006**

By the Acting Chief, Wireless Telecommunications Bureau:

1.  *Introduction.* On January 16 and February 9, 2004, respectively,
    James A. Kay, Jr. (Kay)[^1] and Radio Communications Association
    (RCA)[^2] requested reconsideration of a January 9, 2004,
    decision[^3] by the Wireless Telecommunications Bureau (Bureau),
    Public Safety and Critical Infrastructure Division (Division)
    granting reconsideration of a September 16, 2002, decision[^4] by
    the Bureau's Public Safety and Private Wireless Division (PSPWD)[^5]
    and reinstating the authorization for Station WPSI886, Montrose,
    California. For the reasons set forth below, the petitions for
    reconsideration are granted in part. We also dismiss as moot
    requests filed by Kay[^6] and Mobile Relay Associates (MRA)[^7] that
    the license for Station WPSI886 be modified, and a petition filed by
    MRA for reconsideration of the grant of an application to assign the
    license for Station WPSI886 to Kevin R. Nida (Nida).[^8] In
    addition, we delete from Nida's licenses for Stations WPSI886 and
    WQAK850, Montrose, California, frequency pairs 471/474.7000,
    471/474.7250, 471/474.8500, 471/474.8750, 472/475.1750,
    472/475.2000, 472/475.2250, and 472/475.7250 MHz; and we direct FM
    Radio Services LLC (FM Radio) to cease operation on Stations WQCJ919
    and WQCL258, Montrose, California, and return the authorizations to
    the Commission.

2.  *Background.* On March 27, 2001, Samuel Moses (Moses) applied to
    operate a trunked Private Land Mobile Radio (PLMR) station in
    Montrose, California, in the Industrial/Business (I/B) Pool on
    frequency pairs 471/474.7000, 471/474.7250, 471/474.8500,
    471/474.8750, 472/475.1750, 472/475.2000, 472/475.2250,
    472/475.2750, 472/475.5500, and 472/475.7250 MHz.[^9] The United
    Telecom Council (UTC), an FCC-certified I/B frequency coordinator,
    coordinated the frequencies and submitted the application to
    PSPWD.[^10] The application received FCC File No. 0000415681. A
    second, identical application later appeared in the Commission's
    licensing database under FCC File No. 0000423812. On May 14, 2001,
    PSPWD granted application FCC File No. 0000415681, and issued Moses
    a license to operate trunked PLMR Station WPSI886 on the requested
    frequencies. Moses withdrew application FCC File No. 0000423812 on
    May 26, 2001.

3.  On June 11, 2001, Kay requested dismissal or denial---or, if the
    application was granted before the request was received,
    reconsideration of the grant---of the application due to potential
    harmful interference to Kay's PLMR stations in the Los Angeles
    area.[^11] Kay's request referenced application FCC File No.
    0000423812, but not application FCC File No. 0000415681. On July 24,
    2001, PSPWD asked UTC to explain its frequency recommendation for
    Station WPSI886 in light of the interference issues.[^12] On July
    31, 2001, UTC replied that additional technical studies revealed
    that use of the frequencies may cause interference and degradation
    in service to adjacent channel licensees, and it recommended that
    PSPWD set aside the grant of the license.[^13] On December 18, 2001,
    PSPWD consented to the assignment of the license for Station WPSI886
    from Moses to Thomas K. Kurian (Kurian).[^14]

4.  In an *Order* released September 16, 2002, PSPWD, based on UTC's
    recommendation, granted Kay's June 11, 2001, request, set aside the
    grant of the license for Station WPSI886, dismissed application FCC
    File No. 0000415681,[^15] and instructed Kurian to cease operation
    of the station.[^16] On October 15, 2002, Kurian requested
    reconsideration of the *2002 Order,* arguing, *inter alia*, that
    Kay's reconsideration request was procedurally defective, and that
    interference studies submitted with Kurian's petition demonstrated
    that Station WPSI886 would not cause interference to adjacent
    channel stations.[^17]

5.  In an *Order* released January 9, 2004, the Division granted
    Kurian's October 15, 2002, petition. It concluded that Kay's June
    11, 2001, reconsideration request was procedurally defective because
    it sought reconsideration of the grant of application FCC File No.
    0000423812 (which had been withdrawn), rather than application FCC
    File No. 0000415681.[^18] The Division determined that setting aside
    the license was thus inappropriate, so it restored the license for
    Station WPSI886 to active status.[^19]

6.  On January 14 and February 2, 2004, respectively, Kay[^20] and
    MRA[^21] filed requests that that the license for Station WPSI886 be
    modified pursuant to Section 316 of the Communications Act of 1934,
    as amended (the Act),[^22] by deleting channels that are
    short-spaced with Kay's and MRA's adjacent channel facilities. On
    January 16 and February 9, 2004, respectively, Kay[^23] and RCA[^24]
    requested reconsideration of the Division's *2004 Order* restoring
    the WPSI886 license to active status. Kay argues that he properly
    sought reconsideration of the license grant notwithstanding his
    reference to the incorrect file number,[^25] and that the public
    interest justifies setting aside the authorization for Station
    WPSI886 because it is likely to cause interference to Kay's
    operations in the Los Angeles area.[^26] RCA argues that Kay's June
    11, 2001, reconsideration request was procedurally proper, because
    Moses submitted only one application, though it was assigned two
    file numbers.[^27]

7.  On June 24, 2004, the Division granted Moses an additional license
    under Call Sign WQAK850 for the frequencies he requested in
    application FCC File No. 0000415681. On March 30, 2005, the Division
    consented to the assignment of the license for Station WPSI886 from
    Kurian to Moses.[^28]

8.  On March 18, 2005, the Division consented to the partial assignment
    of the license for Station WPSI886---specifically, frequency pair
    472/475.5500 MHz---from Kurian to FM Radio, under Call Sign
    WQCJ919.[^29] On March 23, 2005, the Division consented to the
    partial assignment of the license for Station
    WQAK850---specifically, frequency pair 472/475.5500 MHz---from Moses
    to FM Radio, under Call Sign WQCL258.[^30]

9.  On May 4, 2005, the Division consented to the assignment of the
    licenses for Stations WPSI886[^31] and WQAK850[^32] from Moses to
    Nida. On June 8, 2005, MRA requested reconsideration of the
    Division's consent to the assignment of the license for Station
    WPSI886 to Nida, noting that the interference concerns raised by MRA
    against the license for Station WPSI886 had not been resolved and
    that the license assignment was subject to the outcome of these
    issues.[^33]

10. *Discussion.* [Procedural issues.]{.underline} As an initial matter,
    we agree with Kay and MRA that the Division erred in the *2004
    Order* when it concluded that Kay's June 11, 2001, request was
    defective merely because it referenced application FCC File No.
    0000423812 rather than application FCC File No. 0000415681.[^34] As
    PSPWD concluded in the *2002 Order*, "Moses filed one application,
    which was given two different file numbers."[^35] Kay filed a timely
    petition for reconsideration of the grant of that application. It
    should have been clear to the Division that Kay sought
    reconsideration of the grant of the license for Station WPSI886,
    regardless of which file number Kay listed in the petition.[^36] We
    therefore reverse the decision in the *2004 Order.* That does not
    end the matter, however, because Kurian raised other objections to
    Kay's June 11, 2001, request, which the *2004 Order* did not
    address. We now turn to those issues.

11. First, Kurian argues[^37] that the request is defective because
    Section 1.106(b)(1) of the Commission's Rules requires that a
    petition for reconsideration filed by a person who was not
    previously a party to the proceeding must "show good reason why it
    was not possible for him to participate in the earlier stages of the
    proceeding."[^38] We conclude, however, that the fact that the
    application was neither placed on public notice (because it was a
    PLMR application) nor served on Kay constitutes a sufficient
    explanation for Kay's lack of earlier participation.[^39]

12. Next, Kurian asserts[^40] that the request does not meet the
    requirement in Section 1.106(e) that a petition for reconsideration
    "based on a claim of electrical interference . . . be accompanied by
    an affidavit of a qualified radio engineer."[^41] While the failure
    to file such an affidavit can be grounds for dismissal,[^42] we
    conclude that any such defect was cured when PSPWD obtained an
    engineering opinion from UTC, which satisfied the purpose of the
    requirement.[^43] Consequently, the absence of an affidavit did not
    require dismissal of Kay's request.

13. In addition, Kurian contends[^44] that PSPWD was barred from
    granting Kay's June 11, 2001, request because it did not act within
    ninety days, as required by Section 405(a) of the Act.[^45] The
    Commission has previously rejected this argument,[^46] and Kurian
    cites no authority to the contrary. He also argues[^47] that PSPWD
    could not order him to cease operation of Station WPSI886 without
    affording him a revocation hearing pursuant Section 312 of the
    Act.[^48] Again, we disagree. The procedural requirements associated
    with a Section 312 revocation are not germane to the grant of a
    timely petition for reconsideration.[^49]

14. [Interference issues.]{.underline} Stations WPSI886, WQAK850,
    WQCJ919, and WQCL258 are authorized to operate on 12.5 kHz "offset"
    channels. In 1997, the Commission directed the certified frequency
    coordinators for the PLMR Services to reach a consensus on the
    applicable coordination procedures for the 12.5 kHz "offset"
    channels.[^50] 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 (TSB-88).[^51] 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.[^52]

15. As noted above, UTC's technical studies concluded that use of the
    frequencies assigned to Station WPSI886 could cause unacceptable
    interference and degradation in service to adjacent channel
    licensees, while the studies submitted by Kurian indicated that no
    unacceptable interference would result. In light of these
    conflicting conclusions, Division engineering staff performed an
    analysis of the frequencies using the interference criteria of
    TSB-88. As set forth in the table below, nine of the ten channels
    initially assigned to Station WPSI886---including eight of the nine
    channels currently authorized to Nida under Call Signs WPSI886 and
    WQAK850, and the channel authorized to FM Radio under Call Signs
    WQCJ919 and WQCL258---are predicted to cause greater than five
    percent reduction of the calculated service area reliability of
    incumbent Kay and MRA stations. The results of the analysis, where
    service area reliability is degraded by more than five percent, are
    presented in the table below.

  ---------------- -- ------------- ------------------ ------------- ---------------
  **Base              **Station**   ** Location No.,   **Frequency    **Predicted
  Frequency(ies)                    Name**             (MHz)**       Degradation**
  (MHz)**                                                            

                                                                     

  **NIDA**            ** KAY**                                       

  471.7000,           WIJ533        3 15525 Cabrito    471.7125      25.62%
  471.7250                          Rd.                              

  471.7000,           WIL733        2 2370 Junipero    471.7125      5.52%
  471.7250                                                           

  471.7250            KJV843        3 2370 Junipero    471.7375      5.52%

  471.7250            KJV843        6 15525 Cabrito    471.7375      25.62%
                                    Rd.                              

  471.7250            WII755        2 Near Skyline     471.7375      8.28%
                                    Drive                            

  471.7250            WII755        3 Rancho Palos     471.7375      14.82%
                                    Verdes                           

  471.7250            WII755        6 Santa Monica     471.7375      7.42%
                                    Mts.                             

  471.7250            WII755        7 3452 E. Foothill 471.7375      34.73%
                                    Blvd.                            

  471.7250            WII755        8 15525 Cabrito    471.7375      25.62%
                                    Rd.                              

  471.7250            WIL697        4 15525 Cabrito    471.7375      25.62%
                                    Rd.                              

  471.8500,           KJV843        3 2370 Junipero    471.8625      5.52%
  471.8750                                                           

  471.8500,           KJV843        6 15525 Cabrito    471.8625      25.62%
  471.8750                          Rd.                              

  471.8500,           WII905        2 Near Skyline     471.8625      8.28%
  471.8750                          Drive                            

  471.8500,           WII905        3 Rancho Palos     471.8625      14.82%
  471.8750                          Verdes                           

  471.8500,           WII905        4 Santa Monica     471.8625      7.42%
  471.8750                          Mts.                             

  471.8500,           WII905        5 3452 E. Foothill 471.8625      34.73%
  471.8750                          Blvd.                            

  471.8500,           WII905        6 15525 Cabrito    471.8625      25.62%
  471.8750                          Rd.                              

  472.1750,           WIH681        2 Palos Verdes     472.1875      14.82%
  472.2000                          Pen.                             

  472.1750,           WIH681        3 15525 Cabrito    472.1875      25.62%
  472.2000                          Rd.                              

  472.2000,           KJV843        3 2370 Junipero    472.2125      5.52%
  472.2250                                                           

  472.2000,           KJV843        6 15525 Cabrito    472.2125      25.62%
  472.2250                          Rd.                              

  472.7250            WIK208        3 15525 Cabrito    472.7125      25.62%
                                    Rd.                              

                                                                     

  **FM RADIO**        **MRA**                                        

  472.5500            WQAD391       1 Saddle Peak Road 472.2625      7.62%
  ---------------- -- ------------- ------------------ ------------- ---------------

Kay[^53] and MRA[^54] assert that Nida's remaining frequency pair,
472/475.2750 MHz, also should not have been authorized. We conclude,
however, that the channel is predicted to cause and receive less than
five percent reduction of the calculated service area reliability.[^55]

16. Consequently, we grant the Kay and RCA petitions for reconsideration
    with respect to the frequencies listed in the table, *supra*.
    Specifically, we will delete frequency pairs 471/474.7000,
    471/474.7250, 471/474.8500, 471/474.8750, 472/475.1750,
    472/475.2000, 472/475.2250, and 472/475.7250 MHz from the licenses
    for Stations WPSI866 and WQAK850, but Nida will continue to be
    authorized on frequency pair 472/475.2750 MHz. We will terminate FM
    Radio's licenses for Stations WQCJ919 and WQCL258, which have no
    assigned channels other than frequency pair 472/475.5500 MHz. We
    direct FM Radio to return the subject authorizations to the
    Commission. We note that while Nida and FM Radio were free to
    consummate their assignments, they did so subject to the risk that
    we would grant one or both of the pending petitions.[^56]

17. Our decision to grant the petitions for reconsideration, delete the
    frequencies listed in the table, *supra*, from the Nida licenses,
    and terminate the FM Radio licenses secures the relief that Kay and
    MRA have sought in this proceeding---protection from interference.
    Consequently, we dismiss as moot Kay and MRA's requests for
    modification of the license for Station WPSI886, and MRA's petition
    for reconsideration of the grant of the application to assign the
    license to Nida.

18. *Ordering Clauses*. ACCORDINGLY, IT IS ORDERED, 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, that the petition for reconsideration filed by
    James A. Kay, Jr. on January 16, 2004, and the petition for
    reconsideration filed by Mobile Relay Associates on February 9,
    2004, ARE GRANTED IN PART to the extent indicated above.

19. IT IS FURTHER ORDERED that frequency pairs 471/474.7000,
    471/474.7250, 471/474.8500, 471/474.8750, 472/475.1750,
    472/475.2000, 472/475.2250, and 472/475.7250 MHz SHALL BE DELETED
    from the licenses for Private Land Mobile Radio Service Stations
    WPSI866 and WQAK850, Montrose, California; and the licenses for
    Private Land Mobile Radio Service Stations WQCJ919 and WQCL258 SHALL
    BE TERMINATED.

20. IT IS FURTHER ORDERED that the Petition for License Modification
    filed by James A. Kay, Jr. on January 14, 2004, the Request to
    Initiate Modification Proceedings filed by Mobile Relay Associates
    on February 2, 2004, and the petition for reconsideration filed by
    Mobile Relay Associates on June 8, 2005, ARE DISMISSED AS MOOT.

21. IT IS FURTHER ORDERED that this *Order on Further Reconsideration*
    shall be served by certified mail, return receipt requested, upon
    Kevin J. Nida at the licensee's address of record, 3827 Foothill
    Blvd., La Crescenta, CA 91214, and upon FM Radio Services LLC at the
    licensee's address of record, 3225 McLeod Drive, \# 100, Las Vegas,
    NV 89121.

22. 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

Catherine W. Seidel

Acting Chief, Wireless Telecommunications Bureau

[^1]: Petition for Reconsideration filed by James A. Kay, Jr. (Jan. 16,
    2004) (Kay PFR).

[^2]: Petition for Reconsideration of Order on Further Reconsideration
    filed by Radio Communications Association (Feb. 9, 2004) (RCA PFR).

[^3]: Samuel Moses, *Order on Further Reconsideration*, 19 FCC Rcd 1
    (WTB PSCID 2004) (*2004 Order*).

[^4]: Samuel Moses, *Order on Reconsideration*, 17 FCC Rcd 17137 (WTB
    PSPWD 2002) (*2002 Order*).

[^5]: The Commission reorganized the Bureau effective November 13, 2003,
    and the relevant duties of the Public Safety and Private Wireless
    Division were assumed by the Public Safety and Critical
    Infrastructure Division. *See* Reorganization of the Wireless
    Telecommunications Bureau, *Order*, 18 FCC Rcd 25414, 25414 ¶ 2
    (2003).

[^6]: Petition for License Modification filed by James A. Kay, Jr. (Jan.
    14, 2004) (Kay Modification Request).

[^7]: Request to Initiate Modification Proceedings filed by Mobile Relay
    Associates (Feb. 2, 2004) (MRA Modification Request).

[^8]: Petition for Reconsideration filed by Mobile Relay Associates
    (June 8, 2005) (MRA Petition).

[^9]: *See* FCC File No. 0000415681 (Mar. 27, 2001).

[^10]: *See* FAC No. NV0UU01612.

[^11]: *See* Letter from Robert J. Keller, Esq., counsel to James Kay,
    to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, FCC
    (June 11, 2001). In addition, On June 8, 2001, Ted S. Henry filed an
    informal petition requesting that PSPWD set aside the grant of
    Moses's application. *See* Informal Petition filed by Henry Radio
    (June 8, 2001).

[^12]: *See* Letter from Mary Shultz, Chief, Licensing and Technical
    Analysis Branch, Public Safety and Private Wireless Division,
    Wireless Telecommunications Bureau, Federal Communications
    Commission, to United Telecom Council (July 24, 2001).

[^13]: *See* Letter from Renee McIlwain, Director of Spectrum Services,
    United Telecom Council, to Mary Shultz, Chief, Licensing and
    Technical Analysis Branch, Federal Communications Commission (July
    31, 2001).

[^14]: *See* FCC File No. 0000681221 (Dec. 4, 2001).

[^15]: *See* *2002 Order*, 17 FCC Rcd at 17138 ¶ 5.

[^16]: *See id*. at 17138-39 ¶ 7.

[^17]: *See* Petition for Reconsideration filed by Thomas K. Kurian
    (Oct. 15, 2002).

[^18]: *See* *2004 Order*, 19 FCC Rcd at 3-4 ¶ 8. The Division did not
    address Kurian's other arguments. *Id.* at 4 n.28.

[^19]: *Id.* at 4 ¶ 10.

[^20]: Kay Modification Request.

[^21]: MRA Modification Request.

[^22]: 47 U.S.C. § 316.

[^23]: Kay PFR. Kurian opposed the Kay PFR. *See* Opposition to Petition
    for Reconsideration filed by Thomas K. Kurian (Jan. 30, 2004)
    (Kurian Kay Opposition).

[^24]: RCA PFR. Kurian opposed the RCA PFR. *See* Opposition to Petition
    for Reconsideration filed by Thomas K. Kurian (Feb. 24, 2004)
    (Kurian RCA Opposition).

[^25]: *See* Kay PFR at 1-5.

[^26]: *See id.* at 2.

[^27]: *See* RCA PFR at 3-5.

[^28]: *See* FCC File No. 0002100058 (Mar. 25, 2005).  

[^29]: *See* FCC File No. 0002075529 (Mar. 11, 2005).

[^30]: *See* FCC File No. 0002084666 (Mar. 14, 2005).

[^31]: *See* FCC File No. 0002134475 (Apr. 25, 2005).

[^32]: *See* FCC File No. 0002134486 (Apr. 25, 2005).

[^33]: *See* MRA Petition at 2-3.

[^34]: *See* Kay PFR at 1-5; RCA PFR at 3-5.

[^35]: *See* *2002 Order*, 17 FCC Rcd at 17138 ¶ 6.

[^36]:
    > *See*, *e.g.*, Alert Cable TV of North Carolina, Inc., d/b/a Time
    > Warner Cable, *Memorandum Opinion and Order*, 18 FCC Rcd 12848,
    > 12848 n.3 (MB PD 2003) (setting aside the dismissal of a petition
    > for the petitioner's failure to respond to a Commission
    > information request after it was determined that the petitioner
    > had responded to the information request, but had submitted it
    > under the wrong case number); Patrick Shannon, Esq., *Letter*, 18
    > FCC Rcd 11552 (WTB AIAD 2003) (granting a waiver of the upfront
    > payment deadline with respect to a payment that was submitted
    > timely but did not reach the Commission before the deadline
    > because the wire transfer listed an incorrect Beneficiary Number).

[^37]: *See* Kurian Kay Opposition at 2, 5; Kurian RCA Opposition at 2,
    4.

[^38]: 47 C.F.R. § 1.106(b)(1).

[^39]: *See* Pacific Gas and Electric Company, *Memorandum Opinion and
    Order*, 14 FCC Rcd 13400, 13404 ¶ 10 (WTB PSPWD 1999); *see also*
    Tektron Micro Electronics, Inc., *Order on Reconsideration*, 15 FCC
    Rcd 4438, 4439 ¶ 2 (WTB PSPWD 2000).

[^40]: *See* Kurian Kay Opposition at 2, 5-6; Kurian RCA Opposition at
    3, 4.

[^41]: 47 C.F.R. § 1.106(e).

[^42]: *See* Interstate Consolidation, Inc., *Memorandum Opinion and
    Order*, 15 FCC Rcd 3330, 3335 ¶ 13 (2000) (citing C.L. Tadlock,
    d.b.a. Tadlock\'s Radio Dispatch, *Memorandum Opinion and Order*, 8
    F.C.C. 2d 197 (1967) (*C.L. Tadlock*)).

[^43]: *See C.L. Tadlock*, 8 F.C.C. 2d at 199 ¶ 7 ("The reasons for the
    specificity required by section 1.106(e) are readily apparent.
    Electrical interference, unlike economic impact for example, is a
    matter usually capable of mathematical and graphical determination
    based upon accepted rules and standards.").

[^44]: *See* Kurian Kay Opposition at 5; Kurian RCA Opposition at 5.

[^45]: 47 U.S.C. § 405(a).

[^46]: *See* Rebecca Radio of Marco, *Memorandum Opinion and Order*, 5
    FCC Rcd 2913, 2913 n.3 (1990) (citing Citizens Committee v. FCC, 436
    F.2d 263, 268 n.5 (D.C. Cir. 1970)).

[^47]: *See* Kurian RCA Opposition at 5.

[^48]: 47 U.S.C. § 312.

[^49]: *See* LocalOne Texas, Ltd., *Letter*, 20 FCC Rcd 13521, 13524 (MB
    2005) ("None of the cases cited by LocalOne support its novel
    assertion that in order to grant a timely petition for
    reconsideration, which requests reversal of the grant of an
    application for a construction permit or license, the Commission
    must issue a show cause order pursuant to Section 312(c) of the
    Communications Act and conduct an evidentiary hearing before an
    Administrative Law Judge.").

[^50]: *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).

[^51]: *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)).

[^52]: *See* LMCC Consensus, Attachment at 2.

[^53]: *See* Kay Modification Request at 5.

[^54]: *See* MRA Modification Request at Ex. C.

[^55]: Specifically, with respect to the incumbent stations identified
    in the requests as being impacted by operations on frequency pair
    472/475.2750 MHz, the Division engineering staff's analysis predicts
    the following reductions of the calculated service area reliability:
    WIL233 (formerly WIL653) site 1---3.77%, site 2---0.81%, site
    3---1.35%; WIK983 site 1---3.88%; WIL469 site 1---3.88%; WIK581 site
    1---2.98%; KWP438 site 1---2.69%.

[^56]: *See, e.g.,* Transit Mix Concrete and Material Company,
    *Memorandum Opinion and Order,* 16 FCC Rcd 15005, 15007 ¶ 5 (2001);
    Improvement Leasing Co., *Memorandum Opinion and Order*, 73 F.C.C.
    2d 676, 684 ¶ 19 (1979), *aff\'d sub nom.* Washington Association
    for Television and Children v. FCC, 665 F.2d 1264 (D.C.Cir. 1981).