**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WT Docket No. 02-55          |
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| Ron Gossett and Barbara Gossett  | ** |                              |
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| and Sprint Nextel                | *  |                              |
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| Mediation No. TAM-50018          | ** |                              |
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**ORDER OF MODIFICATION**

**Adopted: September 26, 2007 Released: September 27, 2007**

By the Associate Chief, Public Safety and Homeland Security Bureau:

1.  *Introduction*. In this *Order*, we delete mobile and base station
    frequencies from the license for call sign WPEH654, a single-site
    800 MHz conventional Specialized Mobile Radio system in Nashville,
    Tennessee licensed to Ron and Barbara Gossett (Gossetts), thereby
    terminating the Gossetts' right to operate on these frequencies. We
    take this license modification action pursuant to our earlier order
    regarding the disposition of the Gossetts' license in the 800 MHz
    rebanding process.[^1]

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1.  *Background*. In our May 4, 2007, *Memorandum Opinion and Order*
    (*MO&O*) in this matter, we addressed the failure by the Gossetts to
    participate in the rebanding process under the terms of their
    Frequency Reconfiguration Agreement (FRA) with Sprint Nextel
    Corporation (Sprint). We found that the Gossetts failed to meet
    their obligation of good-faith participation in the rebanding
    process and forfeited their right to retuning of their facility at
    Sprint's expense.[^2] We therefore held that Sprint was not
    responsible for the cost of retuning this facility, and ordered the
    Gossetts to either retune station WPEH654 at their own expense or
    cease operation and surrender their license.[^3] We required the
    Gossetts to comply with these terms within thirty days of the
    release of the *MO&O* (*i.e.* June 4, 2007).[^4]

2.  In the *MO&O*, we also stipulated that if the Gossetts failed to
    either retune their station or surrender their license, they must
    show cause why the Commission should not modify their license by
    terminating their right to operate on their pre-rebanding
    frequencies.[^5] Because the proposed modification to WPEH654
    involves the safety of life and property, we required the Gossetts
    to file any protest within forty days of the release date of the
    *MO&O*.[^6] Otherwise, we stated, the Gossetts would be deemed to
    have consented to modification of their license as proposed in the
    *MO&O*, and a final Order would be issued if the modification were
    found to be in the public interest.[^7]

3.  *Discussion*. A copy of the *MO&O* was sent to the Gossetts by
    certified mail. To date, the Gossetts have not surrendered their
    license nor have they retuned their facility as directed by the
    *MO&O*. The Gossetts also did not protest the proposed modification
    of their license within the requisite time frame. Therefore, as
    provided in the *MO&O*, we find that the Gossetts have consented to
    the proposed deletion of pre-rebanding frequencies from their
    license. Based on the record in this matter, we conclude that it is
    in the public interest to modify the license for Station WPEH654 by
    deleting mobile-only frequencies 806-821 MHz and base station
    frequency 852.1875 MHz, thereby terminating the Gossetts' right to
    operate on these frequencies.[^8]

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 WPEH654 Services Station WPEH654,
    Nashville, Tennessee, held by Ron and Barbara Gossett, IS MODIFIED
    by deleting frequency pair mobile only frequencies 806-821 MHz and
    base station frequency 852.1875 MHz, effective thirty days from the
    release date of this *Order of Modification*.

5.  **IT IS FURTHER ORDERED,** that a copy of this *Order of
    Modification* shall be sent **BY CERTIFIED MAIL, RETURN RECEIPT
    REQUESTED**, to the following:

    Ron and Barbara Gossett

    5251 Little Marrowbone Road

    Ashland City, TN 37015

    Justin O. Kay, Esq.

    Drinker Biddle & Reath LLP

    1500 K St, N.W. Suite 1100

    Washington, DC 20005-1209

6.  This action is taken under delegated authority pursuant to Sections
    0.191 and 0.392 of the Commission\'s Rules, 47 C.F.R. §§ 0.191,
    0.392.

> FEDERAL COMMUNICATIONS COMMISSION
>
> David L. Furth
>
> Associate Bureau Chief
>
> Public Safety and Homeland Security Bureau

[^1]: Ron and Barbara Gossett, et al., WT Docket 02-55, *Memorandum
    Opinion and Order*, 22 FCC Rcd 8522 (PSHSB 2007) (*MO&O*).

[^2]: *Id*. at 8522 ¶ 1.

[^3]: *Id*.

[^4]: *Id*. Because the thirtieth day after the release of the *MO&O*
    fell on a Sunday (June 3, 2007), the thirty day deadline fell on the
    next business day, Monday, June 4, 2007.

[^5]: *Id*. at 8524 ¶ 7 citing 47 U.S.C. § 316.

[^6]: *Id*. at 8524 ¶ 7.

[^7]: *Id*. at 8524 ¶ 12.

[^8]: In the *MO&O*, we proposed that if the Gossetts failed to either
    retune their station at their own expense or surrender their
    license, we would "modify the license of station WPEH654 to
    authorize it to operate on the replacement channels designated for
    it by the TA and to remove their authorization to operate on their
    current frequencies." *See* *MO&O*, 22 FCC Rcd at 8524 ¶ 7. In fact,
    the WPEH654 station license had already been modified to authorize
    the Gossetts to operate on replacement channels designated by the
    Transition Administrator, but their authorization to operate on the
    original frequencies has continued in effect until now. *See* FCC
    File No. 0002668534 (filed June 30, 2006). We note that since we
    issued the *MO&O*, the WPEH654 replacement channels have been
    designated for termination for failure to certify timely
    construction. *See* Wireless Telecommunications Bureau Site Based
    Licenses Termination *Public Notice*, Report No. 3447 at 3 (Sept.
    12, 2007). Our deletion of pre-rebanding frequencies from station
    WPEH654 in this Order does not give the Gossetts any new rights with
    respect to the replacement channels or otherwise extend the
    applicable construction deadline.