Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  |                              |
|                                  | *) |                              |
| INDUSTRIAL TELECOMMUNICATIONS    | ** |                              |
| ASSOCIATION, INC.                |    |                              |
|                                  | *  |                              |
| Petition to Set Aside Grant of   | *) |                              |
| Application of Comserv           | ** |                              |
| Consulting Services for New      |    |                              |
| Industrial/Business Private Land | *  |                              |
| Mobile Radio Station at Memphis, | *) |                              |
| Tennessee                        | ** |                              |
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| And                              | *  |                              |
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| COMSERV CONSULTING SERVICES      | ** |                              |
|                                  |    |                              |
| Licensee of Trunked              | *  |                              |
| Industrial/Business Pool Radio   | *) |                              |
| Service Station WPRH220,         | ** |                              |
| Memphis, Tennessee               |    |                              |
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#### ORDER OF MODIFICATION

**Adopted: January 10, 2002 Released: January 14, 2002**

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

1.  *Introduction.* In this *Order of Modification*, we modify the
    license for Private Land Mobile Radio Station WPRH220, Memphis,
    Tennessee, held by Comserv Consulting Services (Comserv).
    Specifically, we modify Comserv's license by reducing the authorized
    effective radiated power (ERP) of operation on frequencies 452.1375
    MHz, 452.2875 MHz and 452.6675 MHz from twenty watts to ten watts.
    As explained in further detail below, we take this action pursuant
    to an earlier order proposing to modify Comserv's license.[^1]

2.  *Background.* In the *Modification Proposal Order*, based upon our
    analysis, we concluded that a Comserv application, the grant of
    which resulted in issuance of the subject license for Station
    WPRH220, should not have been coordinated because the proposed
    operations did not provide the requisite interference protection to
    the radio operations of Racing Radio, Mesaba Aviation, Inc. and
    Leading Edge Trust.[^2] We found that initiation of revocation
    proceedings against Comserv's station was unnecessary in this matter
    because the Personal Communications Industry Association (PCIA)
    proposed changes to the Comserv license designed to eliminate
    interference to the earlier-licensed stations.[^3] As a result, we
    proposed to modify Comserv's license pursuant to Section 316 of the
    Communications Act of 1934, as amended,[^4] by lowering the
    authorized operating ERP of frequencies 452.1375 MHz, 452.2875 MHz
    and 452.6675 MHz from twenty watts to ten watts.[^5] In this
    connection, we tentatively concluded that the proposed modification
    would serve the public interest by preserving the existing coverage
    areas of affected parties and preventing harmful interference, while
    not unduly disrupting Comserv's operations.

3.  *Discussion.* A copy of the *Modification Proposal Order* was sent
    by certified mail, return receipt requested to Comserv with the
    requirement that any protest thereto be submitted within thirty days
    of its receipt.[^6] Comserv received the *Modification Proposal
    Order* on September 20, 2001. Comserv did not protest the proposed
    modification of its license within the requisite time frame.[^7]
    Therefore, Comserv is deemed to have consented to the proposed
    modification.[^8] Based on the record in this matter, we conclude
    that it would be in the public interest to modify Comserv's license
    by lowering the operating ERP on frequencies 452.1375 MHz, 452.2875
    MHz and 452.6675 MHz for Station WPRH220, Memphis, Tennessee from
    twenty watts to ten watts. [^9]

4.  ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i) and 316(a) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
    316(a), and Section 1.87 of the Commission's Rules, 47 C.F.R. §
    1.87, that the license for Station WPRH220 held by Comserv
    Consulting Services IS MODIFIED effective thirty days from the
    release of this *Order of Modification* by lowering the ERP on
    frequencies 452.1375 MHz, 452.2875 MHz and 452.6675 MHz from twenty
    watts to ten watts on the authorization.

5.  IT IS FURTHER ORDERED that this *Memorandum Opinion and Order* shall
    be sent by certified mail, return receipt requested to Comserv
    Consulting Services, 895 North White Station Road, Memphis, TN
    38122, and to counsel for Comserv, Russell Taylor, Esq., Mintz,
    Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 701 Pennsylvania Avenue,
    N.W., Suite 900, Washington, D.C. 20004.

6.  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]: *See* Comserv Consulting Services, *Memorandum Opinion and Order*,
    16 FCC Rcd 15424 (WTB PSPWD 2001) (*Modification Proposal Order*).

[^2]: *Id*. at 15427 ¶ 8.

[^3]: *Id*.

[^4]: 47 U.S.C. § 316.

[^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).

[^7]: 47 C.F.R. § 1.87(g)(1).

[^8]: 47 C.F.R. § 1.87(h); *see also Modification Proposal Order*, 16
    FCC Rcd at 15427 ¶ 9.

[^9]: 47 C.F.R. § 1.87(i).