Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | FCC File No. D136357         |
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| NATIONAL SCIENCE AND TECHNOLOGY  | ) |                              |
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| NETWORK, INC.                    | * |                              |
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| Request by Dial Mobile           | * |                              |
| Communications for               | * |                              |
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| Dismissal or Denial of           | * |                              |
| ReferencedApplication for a New  | * |                              |
| Industrial/Business Trunked      |   |                              |
| System at Sierra Peak, Corona,   | * |                              |
| California                       | * |                              |
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**ORDER**

**Adopted:** June 26, 2000 **Released:** June 27, 2000

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

1\. *Introduction*. National Science and Technology Network, Inc. (NSTN)
has filed an application for a new Industrial/Business station to be
operated on frequencies in the 470 MHz band to be located at Sierra
Peak, Corona, California.[^1] One of the channels that NSTN requests is
471/474.4125 MHz. On March 10, 2000, Dial Mobile Communications (Dial)
filed a pleading requesting that the Commission dismiss or deny NSTN's
application.[^2] For the reasons given below, we deny Dial's request and
will grant NSTN's application for the frequencies requested in the
application, including channel pair 471/474.4125 MHz.

2\. *Background*. Section 90.313(c) of the Commission's Rules provides,
among other things, that once a channel in the 470-512 MHz is loaded to
capacity, the frequency will not be reassigned for use by another
station within 64 kilometers (40 miles).[^3] Dial is the licensee of
Industrial/Business Station WPMV644 at Palos Verdes, California, located
at 33-44-42 North Latitude, 118-19-55 West Longitude.[^4] Station
WPMV644 is fully loaded on frequency pair 471/474.4125 MHz with 90
mobile units.[^5] NSTN's proposed co-channel station would be located at
33-51-00 North Latitude, 117-39-05 West Longitude.[^6] Dial contends
that NSTN's proposed station would be impermissibly close to Station
WPMV644.[^7] In this connection, Dial states that it calculated the
distance between the two stations using four different methods, all of
which revealed a separation distance of less than 40 miles.[^8] Dial
requests that we calculate the distance between the two stations, and
deny or dismiss NSTN's application for authorization to operate on
channel pair 471/474.4125 MHz if the calculation shows that the
separation distance does not meet the rule requirement.[^9] Dial also
requests, pursuant to Section 90.127(c) of the Commission's Rules, that
we require NSTN to provide either the purchase order or serial number
for each of the 5500 transmitters to be operated under the authorization
requested.[^10]

3\. *Discussion.* Dial correctly notes that the Commission's Part 90
rules do not specify the method of calculating distance for purposes of
Section 90.313(c).[^11] Calculating the distance between the stations in
accordance with the guidelines set forth in Section 73.208(c) of the
Commission's Rules,[^12] we find it to be 64.1 kilometers, which is
greater than the 64 kilometers separation that Section 90.313(c)
requires.[^13] Therefore, we find no basis for dismissing or denying
NSTN's license application.

4.  We also conclude that Dial's request to require NSTN to supply
    either the purchase order or the serial number for each of the
    proposed transmitters lacks merit. Section 90.127(c) of the
    Commission's Rules relates to applications for modification and
    renewal of a station license, thus it does not apply to NSTN's
    application.[^14] Section 90.127(b)(2) does relate to an application
    for a new license, but only requires that there be signed purchase
    orders for mobile transmitters and paging receivers.[^15] That
    section does not require that copies of the purchase order be
    forwarded to the Commission with the application, nor does it
    require the applicant to apprise the Commission of the transmitter
    serial number. We do not believe that we should burden an applicant
    by requiring it to submit purchase orders or serial numbers. We
    nonetheless reiterate that there is the possibility of enforcement
    action in the event that a willful false statement is made on an
    application.[^16]

    5\. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 303(f)
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)
    and 303(f), that the request of Dial Mobile Communications, filed
    March 10, 2000, for dismissal or denial of National Science and
    Technology Network's application FCC File No. D136357, filed January
    18, 2000, for a new Industrial/Business Trunked System at Sierra
    Peak, Corona, California, IS DENIED, and the application SHALL BE
    PROCESSED in accordance with this *Order.*

    6\. This action is taken under delegated authority pursuant to
    Section 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]: FCC File No. D136357, filed Jan. 18, 2000.

[^2]: Informal Protest, filed Mar. 10, 2000 (Protest).

[^3]: 47 C.F.R. § 90.313(c).

[^4]: Protest at 1.

[^5]: *Id*.; *see* 47 C.F.R. § 90.313(a)(2).

[^6]: Protest at 1.

[^7]: *Id*.

[^8]: *Id*. at 2. The results Dial obtained ranged from 39.72 miles to
    39.9 miles. *Id*.

[^9]: *Id*.

[^10]: *Id*. at 2 (citing 47 C.F.R. § 90.127(c)).

[^11]: *Id*. at 2.

[^12]: 47 C.F.R. § 73.208(c). We do not believe that measuring distance
    is not service-specific. Therefore, we believe that use of the
    guidelines set forth in Part 73 of the Commission's Rules, 47 C.F.R.
    Part 73, is appropriate in this context in the absence of specific
    measurement guidelines in the Commission's Part 90 rules.

[^13]: In 1993, the Commission essentially completed the conversion of
    its rules to the International System of Units (metric system),
    stating that English units have been included in parentheses. The
    English units are for information purposes only, and where the two
    figures are not precisely equivalent, the metric unit shall be
    considered as the sole requirement. *See* Metric Conversion of Parts
    1, 2, 15, 18, 21, 22, 23, 25, 36, 61, 63, 68, 69, 73, 74, 76, 78,
    80, 87, 90 and 94 of the Commission's Rules, *Order*, 8 FCC Rcd
    3720, 3720 ¶ 1, 3721 ¶ 3 (1993).

[^14]: 47 C.F.R. 90.127(c).

[^15]: 47 C.F.R. § 90.127(b)(2).

[^16]: *See* 18 U.S.C. § 1001; *see also* 47 U.S.C. §§ 312(a)(1), 503.