**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
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| Supreme Radio Communications,    | ** |                              |
| Inc.                             |    |                              |
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| Call Sign WNGS881                | *) |                              |
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| East Peoria, IL                  |    |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: December 20, 2002 Released: December 24, 2002**

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

# I. Introduction

1.  In this Order, we initiate, on our own motion, a proceeding pursuant
    to section 316 of the Communications Act of 1934, as amended
    (Act),[^1] to modify Supreme Radio Communications, Inc.'s (Supreme)
    800 MHz license for station WNGS881, East Peoria, Illinois, to
    remove frequency 857.7875 MHz. We also dismiss as moot the "Request
    to Supersede Authorization" regarding station WNGS881 (Petition)
    filed by Illinois Cooperative Association, Inc. d/b/a Clear Talk
    ("IL Cooperative") on May 3, 2001.

    **II. Background**

2.  IL Cooperative is licensed to operate an 800 MHz trunked business
    station under call sign WNQQ259 on various frequencies, including
    857.7875 MHz, in Kewanee, Illinois. The Commission issued an initial
    authorization for call sign WNQQ259 to Illinois Valley Electric
    Cooperative, Inc. ("Illinois Valley") on November 15, 1989, for
    operation on five frequencies (856/860.7875 MHz) at Kewanee,
    Illinois. Station WNQQ259 was assigned from Illinois Valley to
    Cornbelt Electric Cooperative, Inc. ("Cornbelt") on June 23, 2000.
    Subsequently, Corn Belt assigned the license to IL Cooperative.

3.  On August 9, 1996, the Commission superseded Supreme's authorization
    under call sign WNGS881 to add several frequencies, including
    frequency 857.7875 MHz, at East Peoria, Illinois. On May 3, 2001, IL
    Cooperative filed its Petition seeking the deletion of 857.7875 MHz
    from Supreme's call sign WNGS881, arguing that Supreme's station is
    located 49.81 miles from IL Cooperative's co-channel station
    WNQQ259, in violation of the co-channel separation requirements of
    section 90.621(b)(4).[^2] IL Cooperative also states that it did not
    provide Supreme with a short-space concurrence under section
    90.621(b)(5).[^3]

4.  Section 90.621(b)(4) of the Commission's Rules requires a minimum
    separation of 113 kilometers (approx. 70 miles) between co-channel
    facilities operating on applicable 800 MHz frequencies. However, an
    applicant proposing to locate a station less than 113 kilometers
    from another co-channel facility may provide, with its application,
    a letter of concurrence from each co-channel licensee located within
    113 kilometers, and both the applicant and consenting party must
    agree to accept any interference resulting from the reduced
    separation between the systems. Alternatively, applicants with
    proposed co-channel stations located between 88 kilometers (approx.
    55 miles) and 113 kilometers may show technical compliance (*e.g*.,
    meeting certain transmitter effective radiated power and antenna
    height criteria) with the Commission's "short-space" chart set forth
    in section 90.621(b)(4); however, for proposed separations of less
    than 88 kilometers, applicants are not permitted to rely on
    compliance with the "short-space" chart, and must: 1) request a
    waiver of the section 90.621(b)(4) minimum separation
    requirement; 2) serve their request on all co-channel licensees
    within the applicable area; and 3) file an analysis of interference
    potential from mobile transmitters to existing co-channel base
    station receivers.[^4]

    **III. Discussion**

5.  Pursuant to Section 316(a) of the Act, we propose to modify
    Supreme's station license under call sign WNGS881 to delete
    frequency 857.7875 MHz. Although Section 90.621(b)(4) of the
    Commission's rules requires a minimum separation of 113 kilometers
    (approx. 70 miles) between co-channel facilities operating on the
    applicable 800 MHz frequencies, a review of Commission records
    reflects that Supreme has failed to comply with this requirement
    because Supreme's co-channel station under call sign WNGS881 is
    located only 49.81 miles from IL Cooperative's station under call
    sign WNQQ259. The Commission's records also reflect that Supreme did
    not obtain a waiver of section 90.621(b)(4), or the consent of the
    existing co-channel licensee, IL Cooperative. Section 316(a) of the
    Act permits the Commission to modify a station license if the action
    will promote the public interest, convenience, and necessity. [^5]
    In this connection, we note that the proposed modification would
    serve the public interest by preserving compliance with Commission
    rules regarding minimum distance separation between co-channel
    facilities.

6.  In accordance with Section 1.87(a) of the Commission\'s Rules,[^6]
    we will not issue a modification order until Supreme has received
    notice of our proposed action and has had an opportunity to
    interpose a protest. To protest the modification, Supreme must,
    within thirty days of the release date of this Order, submit a
    written statement with sufficient evidence to show that the
    modification would not be in the public interest. If no protest is
    filed, Supreme will have waived its right to protest the
    modification and will be deemed to have consented to the
    modification. Further, as we propose to modify Supreme's license
    under call sign WNGS881 on our own motion, we dismiss IL
    Cooperative's Petition as moot.

    **IV. Ordering Clauses**

7.  ACCORDINGLY, IT IS ORDERED, pursuant to Section 4(i) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and
    Sections 1.41, 0.331 and 0.131 of the Commission\'s Rules, 47 C.F.R.
    §§ 1.41, 0.331, 0.131, the Request to Supersede Authorization filed
    by Illinois Cooperative Association, Inc. d/b/a Clear Talk on May 3,
    2001 IS DISMISSED AS MOOT.

8.  IT IS PROPOSED that, pursuant to Sections 4(i) and 316(a) of the
    Communications Act of 1934, as amended, 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 Station WNGS881, held by Supreme Radio Communications,
    Inc., BE MODIFIED to delete frequency 857.7875 MHz.

9.  IT IS FURTHER ORDERED that a copy of this Order shall be sent by
    certified mail, return receipt requested, to Benjamin J Aron, Esq.,
    Counsel for Supreme Radio Communications, Inc., Schwaninger &
    Associates, P.C., 1331 H Street, NW Suite 500, Washington, DC 20005.

    FEDERAL COMMUNICATIONS COMMISSION

    Paul D'Ari, Chief

    Policy and Rules Branch

    Commercial Wireless Division

    Wireless Telecommunications Bureau

[^1]: 47 U.S.C. § 316.

[^2]: 47 C.F.R. § 90.621(b)(4).

[^3]: 47 C.F.R. § 90.621(b)(5).

[^4]: *See* 47 C.F.R. § 90.621(b)(4).

[^5]: 47 U.S.C. § 316(a). Section 316(a) requires that we notify the
    affected station(s) of the proposed modification(s), the public
    interest reasons for the action, and afford at least 30 days to
    respond.

[^6]: 47 C.F.R. § 1.87(a).