Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. 7110-18             |
|                                  | *) |                              |
| CMRS Systems, Inc.               | ** |                              |
|                                  |    |                              |
| For Specialized Mobile Radio     | *  |                              |
| Service -- Trunked System,       | *) |                              |
| License KNRP591 at Peoria,       | ** |                              |
| Illinois                         |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**Order**

**Adopted: May 17, 2002 Released: May 20, 2002**

By the Chief, Policy and Rules Branch, Commercial Wireless Division,
Wireless Telecommunications Bureau:

# Introduction

1.  On December 8, 1999, Supreme Radio Communications, Inc. (Supreme
    Radio) sought revocation of the above-captioned license granted to
    CMRS Systems, Inc. (CMRS Systems) by filing a Motion to Set Aside
    and Correct the Commission's Records (Motion).[^1] The Commercial
    Wireless Division's Licensing and Technical Analysis Branch (Branch)
    denied the Motion and Supreme Radio filed a petition on August 21,
    2000, seeking reconsideration of that action (August Petition).[^2]
    On May 23, 2001, the Branch dismissed the petition.[^3] On June 14,
    2001, Supreme Radio filed a petition seeking reconsideration of the
    dismissal of its August Petition (June Petition).[^4] We grant
    Supreme Radio's June Petition, and, therefore, address Supreme
    Radio's August Petition in this Order. For the reasons discussed
    below, however, we dismiss Supreme Radio's August Petition as moot.

# BACKGROUND

2.  Three licenses are involved in this case -- one geographic area
    license and two incumbent, site-specific licenses. Supreme Radio was
    granted a geographic area license on March 10, 1998, to operate a
    Specialized Mobile Radio (SMR) system in the Peoria, Illinois Basic
    Economic Area (BEA101) under call sign WPLM219.[^5] Clarus
    Communications, L.L.C. (Clarus) was an incumbent operating a
    site-specific license in the same area under call sign WPEF422,[^6]
    and Joan Moore, Inc. was granted a site-specific license prior to
    the auction in the same area under call sign KNRP591.[^7] On May 29,
    1998, the Branch granted the assignment of station KNRP591 from Joan
    Moore, Inc. to CMRS Systems.

3.  In its Motion, Supreme Radio sought revocation of the license
    granted to CMRS Systems. Supreme Radio argued that, as the
    geographic area licensee, it had competitive standing to file its
    motion and that CMRS System's relocated station KNRP591 short-spaced
    Clarus's station WPEF422 in violation of Commission rules.[^8] Based
    on their argument, Supreme Radio asked the Branch to set aside the
    grant of CMRS System's application.[^9]

4.  On July 20, 2000, the Branch denied Supreme Radio's Motion, finding
    that Supreme Radio had failed to file a timely petition to deny
    against CMRS System's license application. The Branch also found
    that Supreme Radio did not have standing because it had failed to
    demonstrate a direct injury.[^10] In response, Supreme Radio filed
    its August Petition seeking reconsideration of that decision, once
    again arguing that, as the geographic area licensee, it has standing
    and that the grant of the license for Station KNRP591 should be set
    aside. On May 23, 2001, the Branch dismissed Supreme Radio's
    petition as untimely filed,[^11] and Supreme Radio filed the instant
    Petition on June 14, 2001. CMRS Systems did not file an opposition.

# DISCUSSION

5.  Supreme Radio argues in its June Petition that it filed its August
    Petition on August 21, 2000, in a timely manner. We agree. Under
    Section 1.106(f) of the Commission's rules, petitions for
    reconsideration must be filed within 30 days from the date of public
    notice of the final action.[^12] If, however, the thirtieth day
    falls on a holiday, the petition must be filed no later than the
    next business day.[^13] The term "holiday" includes, among other
    days, Saturdays and Sundays.[^14] The Branch released its letter
    denying Supreme Radio's December Motion on July 20, 2000. The
    thirtieth day, August 19, 2000, fell on a Saturday. As a result,
    Supreme filed it Petition in a timely manner on Monday, August
    21, 2000. Accordingly, we reverse the decision made in the July 20,
    2000 letter and address Supreme Radio's August Petition.

6.  In both its Motion and August Petition, Supreme Radio states that
    the separation between the CMRS Systems station and the Clarus
    station is 108 kilometers in violation of the Commission's
    short-spacing rules. Supreme Radio further contends that CMRS
    Systems neither obtained a waiver of the Commission's short-spacing
    rules nor a concurrence from Clarus showing that Clarus, as a
    co-channel licensee, agreed to accept interference from the CMRS
    System station.[^15] As a result, Supreme Radio argues that the
    application was defective and the grant of the license to CMRS
    Systems should be set aside.

7.  Section 90.621(b) of the Commission's rules requires a minimum
    separation between stations, such as WPEF422 and KNRP591, to be 113
    kilometers absent a waiver of the short-spacing rules or consent
    from all existing co-channel licensees.[^16] Under the original
    license, station KNRP591 was properly located 115 kilometers from
    Clarus's station WPEF422,[^17] but CMRS System relocated KNRP591 to
    within 108 kilometers of WPEF422.[^18]

8.  While we recognize that the CMRS System station license was granted
    without a waiver or proof of consent from Clarus, we dismiss Supreme
    Radio's August Petition as moot because the Clarus station license
    has been cancelled. Clarus assigned WPEF422 to Illinois Cooperative
    Association, Inc. d/b/a Clear Talk (Clear Talk) on December 29,
    2000,[^19] and, on March 13, 2002, Clear Talk cancelled its license
    for WPEF422.[^20] We also note that the CMRS System license has been
    assigned to Nextel License Holdings 4, Inc. (Nextel) and that
    assignment was consummated on February 13, 2002.[^21] Thus, Nextel
    is the current licensee for Station KNRP591.

9.  Because WPEF422 has been cancelled and the CMRS System license has
    been assigned to Nextel, the short-spacing issue is no longer before
    us. Moreover, if we were we to rule on the merits of the August
    Petition and December Motion, we would not grant Supreme Radio's
    request to revoke Station KNRP591 for a short-spacing violation.
    Rather, we would order Nextel to comply with Section 90.621(b) by
    either lowering the station's power or moving the transmitter to an
    appropriate location. Accordingly, we dismiss Supreme Radio's August
    Petition as moot.[^22]

# ORDERING CLAUSEs

10. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r),
    and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 303(r), 405, and Sections 0.331 and 1.106 of the
    Commission's rules, 47 C.F.R. §§ 0.331, 1.106, the Petition for
    Reconsideration filed by Supreme Radio Communications, Inc. on June
    14, 2001, IS GRANTED.

11. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and
    405 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    154(i), 303(r), 405, and Sections 0.331 and 1.106 of the
    Commission's rules, 47 C.F.R. §§ 0.331, 1.106, the Petition for
    Reconsideration filed by Supreme Radio Communications, Inc. on
    August 21, 2000, IS DISMISSED as moot.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Paul D'Ari
>
> Chief, Policy and Rules Branch
>
> Commercial Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: Motion to Set Aside and Correct the Commission's Records filed by
    Supreme Radio Communications, Inc. (Dec. 8, 1999).

[^2]: Supreme Radio Communication's, Inc.'s Petition for Reconsideration
    (Aug. 21, 2000). On September 6, 2000, CMRS Systems filed an
    Opposition to the August 21, 2000 petition, and Supreme Radio filed
    a reply on September 18, 2000.

[^3]: Letter from Terry L. Fishel, Deputy Chief, Licensing and Technical
    Analysis Branch, Commercial Wireless Division, to Richard Hanno,
    Counsel for Supreme Radio Communications (May 23, 2001).

[^4]: Supreme Radio Communication's, Inc.'s Petition for Reconsideration
    (June 14, 2001).

[^5]: Supreme Radio operates on channel numbers 401-420 (861.0-861.5 MHz
    paired with 816.0-816.5 MHz).

[^6]: Clarus was granted a site-specific license on February 25, 1994,
    to operate on frequencies 861.2625, 863.2625, 863.4875, 865.2625,
    and 865.2875 MHz in Springfield, Sangamon, Illinois.

[^7]: Joan Moore, Inc. was granted a site-specific license on October
    31, 1995, to operate on frequencies 861.2625, 862.2875, 863.2625,
    863.2875, and 865.2625 MHz in Peoria, Tazewell, Illinois.

[^8]: Motion at 3-6 (citing 47 C.F.R. § 90.621(b)).

[^9]: Motion at 6-8.

[^10]: Letter from Terry L. Fishel, Deputy Chief, Licensing and
    Technical Analysis Branch, Commercial Wireless Division, to Richard
    Hanno, Counsel for Supreme Radio Communications, and Frederick J.
    Day, Counsel for CMRS Systems (July 20, 2000) (*July 20, 2000
    Letter*).

[^11]: Letter from Terry L. Fishel, Deputy Chief, Licensing and
    Technical Analysis Branch, Commercial Wireless Division, to Richard
    Hanno, Counsel for Supreme Radio Communications, and Frederick J.
    Day, Counsel for CMRS Systems (May 23, 2001).

[^12]: 47 C.F.R. § 1.106(f).

[^13]: 47 C.F.R. § 1.4(j).

[^14]: 47 C.F.R. § 1.4(e)(1).

[^15]: August Petition at 5-6; Motion at 5-6.

[^16]: 47 C.F.R. § 90.621(b), Short-Spacing Separation Table.

[^17]: Moore's station was located at 40-47-50.1 North Latitude and
    089-43-39.4 Longitude. Clarus's station was located at 39-46-01.2
    North Latitude and 089-34-20.3 West Longitude.

[^18]: CMRS Systems relocated the transmitter to 40-44-13.1 North
    Latitude and 089-34-30.3 West Longitude.

[^19]: Wireless Telecommunications Bureau Assignment of Authorization
    and Transfer of Control Applications Action, *Public Notice*, Report
    No. 743 (Jan. 3, 2001).

[^20]: Wireless Telecommunications Bureau Site-By-Site Action, *Public
    Notice*, Report No. 1128 (Mar. 20, 2002).

[^21]: CMRS System initially assigned Station KNRP591 to Chadmoore
    Wireless Group, Inc., *see* Wireless Telecommunications Bureau
    Assignment of Authorization and Transfer of Control Applications
    Action, *Public Notice*, Report No. 911 (July 11, 2001) (granting
    assignment application), which then immediately assigned the station
    to Nextel, *see* Wireless Telecommunications Bureau Assignment of
    Authorization and Transfer of Control Applications Action, *Public
    Notice*, Report No. 1108 (Feb. 20, 2002) (granted consummation of
    assignment).

[^22]: Because we find that Supreme Radio's Motion is moot, we need not
    decide whether Supreme Radio has standing in this case.