**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| CSX TRANSPORTATION, INC.         | ** |                              |
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| Licensee of Conventional         | *  |                              |
| Industrial/Business Pool Radio   | *) |                              |
| Service Station WPKH966,         | ** |                              |
| Calhoun, Georgia                 |    |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: February 20, 2003 Released: February 24, 2003**

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

1.  *Introduction.* By this Memorandum Opinion and Order, we, on our own
    motion, address a licensing issue involving CSX Transportation, Inc.
    (CSX). It has come to our attention that the above-captioned
    authorization issued to CSX contains a frequency outside of the
    Industrial/Business Pool. Based on the information before us, we
    believe the inclusion of such frequency on the license for
    Conventional Industrial/Business Pool Station WPKH966, Calhoun,
    Georgia to be a typographical error. For the reasons set forth
    below, we initiate a proceeding to modify CSX's license for Station
    WPKH966 by replacing frequency 131.4150 MHz at Location 2 with
    frequency 161.4150 MHz.

2.  *Background.* On December 5, 1996, CSX filed a manual application
    for a new license,[^1] which was granted on February 26, 1997 under
    Call Sign WPKH966. The station was authorized to operate on nine
    frequencies in the 160 MHz range,[^2] including frequency 161.4150
    MHz, at each of six locations, except that Location 2 was authorized
    to use frequency 131.4150 MHz instead of frequency 161.4150 MHz. The
    other eight frequencies authorized at Location 2 are the same as the
    frequencies at the other locations.

3.  *Discussion.* We believe that the assignment of frequency 131.4150
    MHz to Location 2 is a typographical error. Frequency 131.4150 MHz
    is not listed in either in the 1996 Railroad Radio Service Frequency
    Table or the current Industrial/Business Pool Frequency Table.[^3]
    Frequency 131.4150 MHz is allocated to the Aviation Services.[^4]
    Due to the age of this authorization, records concerning the
    application are not readily available. Therefore, it is unclear
    whether the typographical error was made on CSX's application or on
    the authorization. Nevertheless, we conclude CSX's application
    should not have been granted to the extent that such action
    authorized operation on a frequency outside the Industrial/Business
    Pool. We further believe that the correct frequency is 161.4150 MHz,
    which is allotted to the Industrial/Business Pool and is assigned to
    Station WPKH966's other locations.

4.  As discussed above, either the coordination of CSX's application or
    the grant of CSX's authorization was defective because frequency
    131.4150 MHz is not allocated for Industrial/Business Pool
    operations. We believe that Section 316(a)(1) of the Communications
    Act of 1934, as amended, provides the appropriate vehicle for
    resolving this matter.[^5] Section 316(a) permits the Commission to
    modify a station license if the action will promote the public
    interest, convenience, and necessity.[^6] In this connection, we
    note that proposed modification would serve the public interest by
    preserving the existing coverage areas of affected parties and
    preventing harmful interference, while not unduly disrupting CSX's
    operations.

5.  Consequently, we propose to modify CSX's license for Station WPKH966
    to replace frequency 131.4150 MHz at location 2 with 161.4150 MHz.
    In accordance with Section 1.87(a) of the Commission\'s Rules,[^7]
    we will not issue a modification order until CSX has received notice
    of our proposed action and has had an opportunity to file a protest.
    To protest the modification, CSX 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.[^8] If no protest is filed, CSX will have waived its right to
    protest the modification and will be deemed to have consented to the
    modification.

6.  *Conclusion.* For the reasons stated above, we conclude that the
    grant of CSX's application was defective to the extent that it
    authorized operations on frequency 131.4150 MHz. Accordingly, we
    propose the modification of CSX's license for Station WPKH966 to
    replace frequency 131.4150 MHz at location 2 with 161.4150 MHz.

7.  ACCORDINGLY, IT IS PROPOSED that, pursuant to Sections 4(i) and
    316(a) of the Communications Act of 1934, 47 U.S.C. §§ 154(i), 316,
    and Section 1.87 of the Commission\'s Rules, 47 C.F.R. § 1.87, the
    license for Private Land Mobile Radio Service Station WPKH966,
    Calhoun, Georgia, held by CSX Transportation, Inc., BE MODIFIED by
    replacing frequency 131.4150 MHz at location 2 with frequency
    161.4150 MHz.

8.  IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested, to CSX
    Transportation, Inc., 5220 Belfort Road, Suite 300,\
    Jacksonville, FL 32256, Attn: T. C. Miller Comm. Dept. J 958.

9.  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
>
> D'wana R. Terry

Chief, Public Safety and Private Wireless Division

Wireless Telecommunications Bureau

[^1]: FCC File No. D063717.

[^2]: 160.3500 MHz, 160.3950 MHz, 160.7850 MHz, 160.8900 MHz, 161.1000
    MHz, 161.2650 MHz, 161.3700 MHz, 161.4150 MHz, and 161.4300 MHz.

[^3]: *See* 47 C.F.R. § 90.91 (1996); 47 C.F.R. § 90.35 (2002).

[^4]: *See* 47 C.F.R. § 87.173.

[^5]: 47 U.S.C. § 316(a)(1).

[^6]: *Id*.

[^7]: 47 C.F.R. § 1.87(a).

[^8]: The address for FCC locations should be used only for documents
    filed by United States Postal Service first-class mail, Express
    Mail, and Priority Mail. Hand-delivered or messenger-delivered
    documents for the Commission\'s Secretary are accepted only at 236
    Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other
    messenger-delivered documents, including documents sent by overnight
    mail (other than United States Postal Service, Express Mail, and
    Priority Mail) should be addressed for delivery to 9300 East Hampton
    Drive, Capitol Heights, MD 20743. *See* FCC Announces a New Filing
    Location for Paper Documents and a New Fax Number for General
    Correspondence, *Public Notice*, 16 FCC Rcd 22165 (2001).