Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of Application of  | *  | File No. 0001830800          |
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| FRED LUXENBERG                   | ** |                              |
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| Central Station Alarm            | *  |                              |
| Association Informal Request to  | *) |                              |
| Return Application               | ** |                              |
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**ORDER**

**Adopted: January 29, 2007 Released: January 30, 2007**

By the Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau:

1.  *Introduction*. We have before us an informal request filed on
    August 24, 2004, by Central Station Alarm Association (CSAA) that
    the above-captioned application filed by Fred Luxenberg (Luxenberg)
    be returned to the applicant.[^1] CSAA seeks to have the application
    returned for Luxenberg to either delete or replace frequency pairs
    460.900/465.900 MHz and 460.975/465.975 MHz, for which CSAA asserts
    that Luxenberg does not satisfy the eligibility requirements.[^2] We
    grant the request to the extent indicated below.

2.  *Background*. On August 5, 2004, Luxenberg filed an application
    seeking to modify the license for Station WPPU614, Parma, Ohio, to,
    among other things, add frequency pairs 460.900/465.900 MHz and
    460.975/465.975 MHz.[^3] On August 24, 2004, CSAA filed an informal
    request that the Commission return the application to Luxenberg
    because the application specified use of two channel pairs that,
    pursuant to Section 90.35(c)(63) of the Commission's Rules, are
    restricted to use by entities rendering a central station commercial
    protection service.[^4]

3.  *Discussion*. Section 90.35(c)(63) of the Commission's Rules defines
    central station commercial protection service as an electrical
    protection and supervisory service rendered to the public *from and
    by a central station accepted and certified* by one or more of the
    recognized rating agencies, or Underwriters Laboratories' (UL), or
    Factory Mutual System.[^5] The same rule section also explains that
    the frequencies may be used only by persons rendering a central
    station commercial protection service within the service area of the
    radio station and may only be used for safety of life and property,
    and for the maintenance or testing of the protection facilities.[^6]

4.  CSAA indicates that it appears that Luxenberg is not certified as a
    central station commercial protection service by UL or any other
    rating agency.[^7] Information contained in the Luxenberg response
    indicates that he subcontracts out the actual monitoring work to UL
    certified central stations.[^8] Luxenberg contends that because of
    these contractual relationships he does render central station
    commercial protection service.[^9] We agree with CSAA, however, that
    the eligibility requirements of Section 90.35(c)(63) do not create
    eligibility through such contractual arrangements.[^10] CSAA notes
    that the Commission's rule is clear that the rendering of central
    station commercial protection service must be done by the certified
    central station and not by a non-certified agent or other
    non-eligible entity.[^11] As CSAA notes, if an eligible central
    station entity desires to provide service to any of Luxenberg's
    customers using its radio system, the eligible entity can secure the
    FCC license and contract with Luxenberg for supporting
    services.[^12]

5.  As a result, we find that Luxenberg does not satisfy the eligibility
    requirements contained in Section 90.35(c)(63) of the Commission's
    Rules. Accordingly, the frequency pairs 460.900/465.900 MHz and
    460.975/465.975 MHz will not be authorized to Luxenberg under Call
    Sign WPPU614.\
    Rather than return the application, we will process it with respect
    to the frequencies not designated for central alarm services. If
    Luxenberg wishes to request additional channels to replace frequency
    pairs 460.900/465.900 MHz and 460.975/465.975 MHz, he may file a new
    modification application.

6.  Accordingly, IT IS ORDERED that the informal request filed on August
    24, 2004 by Central Station Alarm Association IS GRANTED TO THE
    EXTENT INDICATED HEREIN*,* and application FCC File No. 0001830800
    SHALL BE PROCESSED consistent with this *Order* and the Commission's
    Rules. Specifically, the application SHALL BE DISMISSED with respect
    to frequency pairs 460.900/465.900 MHz and 460.975/465.975 MHz.

7.  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
>
> Scot Stone

Deputy Chief, Mobility Division

Wireless Telecommunications Bureau

[^1]: *See* Informal Request filed on August 24, 2004 by CSAA (CSAA
    Request).

[^2]: We note that the application on September 10 and October 15, 2004,
    for matters unrelated to the issue that is subject to this action.
    *See* Return Letter Ref. Nos. 3022510, 3085508. Such matters have
    since been corrected with amendments filed on September 27, 2004 and
    October 21, 2004.

[^3]: *See* FCC File No. 0001830800.

[^4]: *See* CSAA Request at 1-2; *see also* 47 C.F.R. § 90.35(c)(63). On
    September 9, 2004, Luxenberg responded to the CSAA Request. *See*
    reply received on October 24, 2004 from Luxenberg (Luxenberg Reply).
    On September 17, 2004, CSAA filed a response to Luxenberg's reply.
    *See* response filed on September 17, 2004 from CSAA (CSAA
    Response). On September 20, 2004, Luxenberg filed a reply to the
    CSAA Response. *See* reply dated September 20, 2004 from Luxenberg
    (Luxenberg 2nd Reply). On October 18, 2004, CSAA filed a reply to
    the Luxenberg 2nd Reply. *See* response filed on October 18, 2004
    from CSAA (CSAA 2nd Response).

[^5]: *See* 47 C.F.R. § 90.35(c)(63).

[^6]: *Id*.

[^7]: *See* CSAA Request at 2.

[^8]: *See* Luxenberg Reply at 1.

[^9]: *Id*.

[^10]: *See* CSAA Second Response at 1.

[^11]: *Id*. at 3.

[^12]: *Id*.