**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                   | * |                               |
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| NORTHERN INDIANA PUBLIC SERVICE    | ) |                               |
| COMPANY                            | * |                               |
|                                    | * |                               |
| Petition for Revocation of the     |   |                               |
| License of ESP Leasing Corp. for   | * |                               |
| Private Land Mobile Radio Station  | * |                               |
| WPRM224, Chicago, Illinois         | ) |                               |
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| and                                | * |                               |
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| ESP LEASING CORP.                  | * |                               |
|                                    | * |                               |
| Licensee of Station WPRM224,       | ) |                               |
| Chicago, Illinois                  | * |                               |
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**ORDER**

**Adopted: June 2, 2006 Released: June 5, 2006**

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

1.  *Introduction.* In this *Order*, we direct ESP Leasing Corp. (ESP)
    to file an application to modify its license for private land mobile
    radio (PLMR) Industrial/Business Pool Station WPRM224, Chicago,
    Illinois. Specifically, ESP must revise the technical parameters of
    ESP's authorization on frequency pair 936/897.7500 MHz by changing
    the authorized location, or the frequency pair will be deleted from
    the license as proposed in the *Order Proposing Modification* in
    this proceeding.

2.  *Background*. Section 316(a)(1) of the Communications Act of 1934,
    as amended, permits the Commission to modify a station license if
    the action will promote the public interest, convenience, and
    necessity.[^1] In an *Order Proposing Modification* released
    February 10, 2005, the Public Safety and Critical Infrastructure
    Division (Division) of the Wireless Telecommunications Bureau
    proposed to delete frequency pair 936/897.7500 MHz from ESP's
    license for Station WPRM224.[^2] The Division proposed this action
    in response to a request filed by Northern Indiana Public Service
    Company (NIPSCO), licensee of PLMR Industrial/Business Pool Station
    WNVR291, Crown Point, Indiana.[^3] After examining the matter, the
    Division concluded that ESP's application[^4] for authorization to
    operate on frequency pair 936/897.7500 MHz at the Sears Tower in
    Chicago should not have been granted because such action authorized
    operation within 113 kilometers of NIPSCO's co-channel station, in
    violation of Section 90.621(b)(4) of the Commission's Rules.[^5] The
    Division noted that the application apparently was approved because
    other community repeater users already were authorized to operate on
    frequency pair 936/897.7500 MHz at the Sears Tower.[^6] The Division
    noted, however, that those licensees should not have been permitted
    to relocate those operations to that site (from their original
    location in Gilberts, Illinois) because they were short-spaced to
    NIPSCO's co-channel Station WNVR291.[^7] As NIPSCO requested, the
    Division proposed to modify ESP's license pursuant to Section 316 by
    deleting frequency pair 936/897.7500 MHz. In this connection, the
    Division noted its belief that a frequency pair deletion is
    appropriate to preserve the existing coverage areas of affected
    parties and prevent harmful interference.[^8]

3.  *Discussion.* In accordance with Section 1.87(a) of the
    Commission\'s Rules, the Division afforded ESP the opportunity to
    file a protest within thirty days of the release of the *Order
    Proposing Modification*.[^9] On March 14, 2005, ESP filed an
    opposition to the proposed modification.[^10] ESP contends that
    deletion of its frequency pair would be unduly disruptive to its
    operations, and that such modification is not in the public interest
    because ESP would suffer irreparable harm.[^11] It asserts that
    NIPSCO can be protected from co-channel interference by less drastic
    means. Specifically, ESP proposes that its license be modified with
    respect to its authorization on base frequency 936.7500 MHz to
    either require a directional antenna pattern facing away from
    NIPSCO's co-channel facility, or to relocate the base station to
    Gilberts, Illinois.[^12]

4.  ESP is currently authorized to operate omnidirectionally.[^13] It
    operates three antennas on the Sears Tower, facing north, south, and
    west.[^14] ESP proposes to cease operation on the south-facing
    antenna, and reorient its west-facing antenna from 270º to
    300º.[^15] ESP provides an engineering analysis indicating that the
    resulting 22 dBμ interference contour would not overlap NIPSCO's 40
    dBμ service contour.[^16] ESP states that it is willing to accept an
    express condition that its continued operation of frequency 936.7500
    MHz is subject to its continued prevention of harmful interference
    to NIPSCO as currently licensed.[^17]

5.  On March 29, 2005, NIPSCO filed comments.[^18] NIPSCO maintains that
    the Commission should delete frequency pair 936/897.7500 MHz from
    ESP's license as proposed in the *Order Proposing
    Modification*.[^19] NIPSCO casts doubt on whether ESP could modify
    its Sears Tower operations as it proposes, because it is generally
    the case that multiple parties share antennas at the Sears
    Tower.[^20] In its April 13, 2005 reply comments,[^21] ESP reaffirms
    its request to modify its license to specify the directional antenna
    pattern as discussed in its March 14, 2005 filing,[^22] but does not
    respond to NIPSCO's concerns regarding obstacles to reorienting the
    west-facing antenna. If it is not possible to modify ESP's license
    in this fashion, ESP requests to relocate its base transmitter back
    to the coordinates where the channel was originally licensed to
    ESP's predecessors.[^23]

6.  After reviewing the record in this proceeding, we conclude that
    modifying ESP's authorization to operate at the Sears Tower as
    proposed by ESP is not likely to resolve this matter. First, we are
    not persuaded that ESP can reorient the west-facing antenna as it
    proposes. Further, as both parties acknowledge, such a solution
    would require joint testing to confirm that the interference had
    been eliminated. Given that joint tests between the parties in 2002
    did not resolve the interference,[^24] and the parties disagree
    regarding how such testing should be performed,[^25] we are not
    encouraged to believe that testing could be conducted to the
    satisfaction of all parties.

7.  On the other hand, we do not wish to disrupt ESP's operations by
    deleting frequency pair 936/897.7500 MHz from the license for
    Station WPRM224 if a less drastic means is available. Therefore, we
    believe that ESP's alternate proposal best serves the interests of
    both parties. Specifically, relocating ESP's base transmitter
    operations on frequency 936.7500 MHz to the coordinates where the
    channel was originally licensed to ESP's predecessors would resolve
    the short-spacing issue[^26] and preserve ESP's use of the
    frequency. We will afford ESP ninety days to file an appropriate
    modification application. If no such application is filed within
    that time, we will modify the license to delete frequency pair
    936/897.7500 MHz from the license, as proposed in the *Order
    Proposing Modification*.

8.  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,
    and Section 1.87 of the Commission\'s Rules, 47 C.F.R. § 1.87, ESP
    Leasing Corp. shall, within ninety (90) days of the release date of
    this *Order*, file an application to modify its license for Station
    WPRM224 to relocate its operations on frequency 936.7500 MHz to
    coordinates 42-06-20 N/88-22-46 W. If no such application is filed
    within that time, the license for Station WPRM224 SHALL BE MODIFIED
    to delete frequency pair 936/897.7500 MHz from the authorization.

9.  IT IS FURTHER ORDERED that this *Order of Modification* shall be
    sent by certified mail, return receipt requested, to ESP Leasing
    Corp., 9126 Ogden Ave., Brookfield, Illinois 60513.

10. 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]: 47 U.S.C. § 316(a)(1).

[^2]: *See* Northern Indiana Public Service Company and ESP Leasing
    Corp., *Memorandum Opinion and Order*, 20 FCC Rcd 2398 (WTB PSCID
    2005) (*Order*).

[^3]: *See* Petition for Revocation, filed by Northern Indiana Public
    Service Company on February 17, 2004.

[^4]: FCC File No. A061624.

[^5]: *See* *Order*, 20 FCC Rcd at 2398-99 ¶ 3 (citing 47 C.F.R. §
    90.621(b)(4)). The rule provides that a spacing of at least 113
    kilometers be maintained between co-channel stations, but the NIPSCO
    and ESP base stations are separated by only 56.3 kilometers.

[^6]: *Id*. at 2400 ¶ 6.

[^7]: *Id*. at 2401 ¶ 7.

[^8]: *See id.* at 2401 ¶ 8.

[^9]: *Id*. at 2401 ¶ 9.

[^10]: *See* Opposition to Proposed Modification, filed by ESP Leasing
    Corp. on March 14, 2005 (Protest).

[^11]: *Id*. at 5.

[^12]: *Id*. at 1-2.

[^13]: *See* *id*. at 2.

[^14]: *Id*.

[^15]: *Id*.

[^16]: *See* Protest, attached Statement of Klaus Bender, P.E.

[^17]: *See* Protest at 3-4.

[^18]: Comments to Opposition to Proposed Modification, filed by NIPSCO
    on March 29, 2005 (NIPSCO Comments).

[^19]: *Id*. at 3.

[^20]: *Id*. at 5.

[^21]: Reply to Comments, filed by ESP Leasing Corp. on April 13, 2005
    (ESP Reply).

[^22]: *Id*. at 4.

[^23]: *Id*.

[^24]: NIPSCO Comments at 6; *see also* Protest at 3 n.4. During the
    testing in 2002, apparently ESP represented to NIPSCO that the
    south-facing antenna was shut off, while the west-facing antenna was
    oriented at 270º. Now ESP is unable to verify whether the
    south-facing antenna was shut off, or simply reduced in power. In
    any event, NIPSCO received interference.

[^25]: *Compare* NIPSCO Comments at 5 (ESP must complete joint tests
    prior to any further operations on frequency 936.7500 MHz) *with*
    ESP Reply at 4 (joint testing should be conducted after commencement
    of modified operations, in order to reflect a real world
    environment).

[^26]: The Gilberts, Illinois site is located 114.5 kilometers from
    NIPSCO's Crown Point, Indiana site.