**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                | *  |                              |
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| RADIOLINK CORPORATION           | ** |                              |
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| Licensee of Industrial/Business | *  |                              |
| Private Land Mobile Radio       | *) |                              |
| Station WPOX212, Litchfield     | ** |                              |
| Park, Arizona                   |    |                              |
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**ORDER OF MODIFICATION**

**Adopted: July 6, 2005 Released: July 7, 2005**

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

1.  In this *Order of Modification*, we modify the license of RadioLink
    Corporation (RadioLink) for Industrial/Business Pool Station
    WPOX212, Litchfield Park, Arizona, by deleting frequencies 157.225
    MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz. As
    explained in further detail below, we take this action pursuant to
    an earlier *Memorandum Opinion and Order* (*MO&O*) proposing to
    modify RadioLink's license.[^1]

2.  *Background.* In 1995, the Commission adopted rules that, *inter
    alia*, allowed the use of VHF band (156-162 MHz) public coast (VPC)
    station frequencies by eligible private land mobile radio (PLMR)
    entities away from navigable waterways.[^2] In 1997, the Commission
    proposed to adopt a geographic licensing approach for VPC
    spectrum,[^3] and suspended the acceptance and processing of
    applications, including applications for PLMR use.[^4] In 1998, the
    Commission adopted a geographic licensing approach for VPC
    spectrum,[^5] and removed the rule allowing PLMR entities to use VPC
    spectrum.[^6] Later in 1998, the Commission conducted the initial
    auction of VPC geographic licenses. The licenses for the VPC areas
    encompassing the state of Arizona were granted to Warren C. Havens
    on May 19, 1999.[^7]

3.  On August 18, 1999, RadioLink was granted a license for PLMR Station
    WPOX212, with base stations in Litchfield Park and Crown King,
    Arizona. Among the frequencies assigned for use for the control
    station for Station WPOX212, and by mobile units within forty
    kilometers of the Litchfield Park base station, were frequencies
    157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz,
    which are VPC mobile frequencies.[^8]

4.  We concluded in the *MO&O*, released March 4, 2004, that the
    RadioLink application should not have been granted to the extent
    that it requested VPC frequencies.[^9] As a result, we proposed to
    modify RadioLink's license for Station WPOX212 to remove frequencies
    157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400
    MHz.[^10] In response, RadioLink conceded that the frequencies had
    been improperly coordinated, but argued that it would not be in the
    public interest to delete the frequencies because of the impact it
    would have on RadioLink's operations.[^11] RadioLink also argued
    that we should direct the relevant frequency coordinator to find
    replacement channels.[^12]

5.  On April 26, 2004, we requested that the Industrial
    Telecommunications Association (ITA), the FCC-certified frequency
    coordinator that certified the RadioLink application, determine and
    recommend the most appropriate Industrial/Business Pool frequencies
    to replace frequencies 157.225 MHz, 157.275 MHz, 157.325 MHz,
    157.375 MHz, and 157.400 MHz.[^13] We also asked RadioLink if it
    would modify its license in accordance with ITA's
    recommendation.[^14] On May 25, 2004, ITA recommended the use of any
    five of nineteen channels in the 160.230-161.445 MHz range, provided
    that the necessary concurrence[^15] could be obtained from the
    American Association of Railroads (AAR).[^16] ITA also stated that
    it would continue to work with RadioLink and the Commission to find
    suitable channels in the event that AAR did not concur in the
    recommendation.[^17] On June 4, 2004, RadioLink indicated that it
    was willing to modify its license in accordance with ITA's
    recommendation, and would continue working with ITA and the
    Commission in the event that AAR did not concur in the
    recommendation.[^18] On July 27, 2004, ITA reported that AAR had
    denied concurrence for RadioLink to use any of the recommended
    160.230-161.445 MHz frequencies, based on the potential for
    co-channel and/or adjacent-channel interference to incumbent
    railroad stations.[^19] In lieu of the railroad frequencies, ITA
    recommended certain frequencies in the 153.095-153.395 MHz range
    that RadioLink could use, albeit at reduced power levels.[^20] On
    November 1, 2004, RadioLink filed an application to modify its
    license for Station WPOX212 to add the 153.095-153.395 MHz
    frequencies recommended by ITA.[^21] The application was granted on
    December 21, 2004.

6.  *Discussion.* Based on the record in this matter, we conclude that
    it is in the public interest to modify RadioLink's license to delete
    frequencies 157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and
    157.400 MHz. As RadioLink concedes, the frequencies were not
    available for PLMR licensing, and should be cleared for use by the
    VPC geographic licensee. In addition, RadioLink already has added
    the replacement channels recommended by ITA, which will minimize the
    impact of this action on RadioLink's operations.

7.  ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4(i) and
    316(a) of the Communications Act of 1934, 47 U.S.C. §§ 154(i),
    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
    WPOX212, Litchfield Park, Arizona held by RadioLink Corporation, BE
    MODIFIED by deleting frequencies 157.225 MHz, 157.275 MHz, 157.325
    MHz, 157.375 MHz, and 157.400 MHz.

8.  IT IS FURTHER ORDERED that this *Order of Modification* shall be
    sent by certified mail, return receipt requested, to RadioLink
    Corporation, P.O. Box 37825, Phoenix, AZ 85069 ATTN Randy L. Power.

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
>
> Michael J. Wilhelm

Chief, Public Safety and Critical Infrastructure Division

Wireless Telecommunications Bureau

[^1]: *See* RadioLink Corporation, *Memorandum Opinion and Order*, 19
    FCC Rcd 3908 (WTB PSCID 2004) (*MO&O*)*.*

[^2]: *See* 47 C.F.R. § 90.283 (1997); Amendment of the Commission\'s
    Rules Concerning Maritime Communications, *First Report and Order*,
    PR Docket No. 92-257, 10 FCC Rcd 8419, 8423 ¶ 9 (1995).

[^3]: *See* Amendment of the Commission\'s Rules Concerning Maritime
    Communications, *Second Report and Order and Second Further Notice
    of Proposed Rule Making*, PR Docket No. 92-257, 12 FCC Rcd 16969,
    16989 ¶ 76 (1997).

[^4]: *Id.* at 17015 ¶ 132.

[^5]: *See* Amendment of the Commission\'s Rules Concerning Maritime
    Communications, *Third Report and Order and Memorandum Opinion and
    Order*, PR Docket No. 92-257, 13 FCC Rcd 19853, 19859 ¶ 10 (1998).

[^6]: *Id.* at 19912. The Commission expressly declined a suggestion to
    permit the continued licensing of PLMR systems away from navigable
    waterways. *See id.* at 19871 ¶ 36.

[^7]: *See* licenses for Call Signs WPOJ523, WPOJ524, WPOJ525, and
    WPOJ526.

[^8]: *See* 47 C.F.R. § 80.371(c)(1)(i).

[^9]: *See MO&O*, 19 FCC Rcd at 3909 ¶ 4.

[^10]: *See id.* at 3909 ¶ 5.

[^11]: *See* Petition for Reconsideration at 3.

[^12]: *Id.*at 6.

[^13]: *See* letter dated April 26, 2004 from Herbert W. Zeiler, Deputy
    Chief, Public Safety and Critical Infrastructure Division, Wireless
    Telecommunications Bureau, to Andre F. Cote, Industrial
    Telecommunications Association.

[^14]: *Id.* at 2.

[^15]: Concurrence would be needed for RadioLink to use the recommended
    frequencies because they are designated as railroad frequencies.
    *See* 47 C.F.R. § 90.35(b)(3).

[^16]: *See* letter dated May 25, 2004 from Jeremy Denton, Director,
    Government Affairs, ITA, to Scot Stone, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau.

[^17]: *Id.* at 2.

[^18]: *See* letter dated June 4, 2004 from Randy L. Power, President,
    RadioLink Corporation, to Scot Stone, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau.

[^19]: *See* letter dated July 27, 2004 from Jeremy Denton, Director,
    Government Affairs, ITA, to Scot Stone, Public Safety and Critical
    Infrastructure Division, Wireless Telecommunications Bureau.

[^20]: *Id.* at 2.

[^21]: FCC File No. 0001920247.