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 Federal  Communications  Commission  DA  02-  3302 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 TOWN  OF  SURF  CITY,  NORTH  CAROLINA 
 Request  to  Set  Aside  In  Part  the  August  11,  2000,  Action  Concerning  Public  Safety  Pool  Station 
 KNCX731,  Hempstead,  North  Carolina 
 And 
 Surf  City  Volunteer  Fire  Department,  Surf  City,  North  Carolina 

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 ORDER  OF  MODIFICATION 
 Adopted:  November  26,  2002  Released:  November  29,  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  Public  Safety  Pool,  Conventional  Station  KNCX731,  Hampstead,  North  Carolina.  Specifically,  we  modify  the  Surf  City 
 Volunteer  Fire  Departments  (Department)  license  by  removing  the  Department  as  licensee  and  restoring  the  Town  of  Surf  City  (Town)  as  the  licensee  for  Station  KNCX731.  As  explained  in  further  detail 
 below,  we  take  this  action  pursuant  to  an  earlier  order  proposing  to  modify  the  Departments  license.  1 
 2.  Background.  In  the  Modification  Proposal,  based  upon  our  analysis,  we  concluded  that  a  Department  application  filed  on  August  11,  2000,  the  grant  of  which  resulted  in  renewal  and  modification 

 of  the  subject  license  for  Station  KNCX731,  was  defective  because  the  Department  was  not  authorized  to  modify  or  renew  the  license  for  Station  KNCX731.  2  We  found  that  we  were  unable  to  set  aside  the  grant 
 of  the  Departments  application  because  we  did  not  receive  the  Towns  request  until  almost  two  months  after  the  application  was  granted.  As  a  result,  we  proposed  to  modify  the  Departments  license  pursuant 
 to  Section  316  of  the  Communications  Act  of  1934,  as  amended,  3  by  reissuing  the  license  to  the  Town  of  Surf  City.  4  In  this  connection,  we  tentatively  concluded  that  the  proposed  modification  would  serve  the 
 public  interest  by  restoring  the  license  to  the  Town  and  indicating  that  the  town  was  the  licensee  of  record  for  Station  KNCX731. 

 1  See  Letter  from  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau,  to  Mr. 
 Patrick  A.  Thomas,  Town  Manager  (w/  copy  to  Surf  City  Vol.  Fire  Dept.)  (Dec.  26,  2001)  (Modification  Proposal).  2 
 Id.  at  2.  3 
 47  U.  S.  C.    316.  4 
 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. 
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 Federal  Communications  Commission  DA  02-  3302 
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 3.  Discussion.  A  copy  of  the  Modification  Proposal  Order  was  sent  to  the  Department  with  the  requirement  that  any  protest  thereto  be  submitted  within  thirty  days  of  its  receipt.  5  The  Department  did 
 not  protest  the  proposed  modification  of  its  license  within  the  requisite  time  frame.  6  Therefore,  the  Department  is  deemed  to  have  consented  to  the  proposed  modification.  7  Based  on  the  record  in  this 
 matter,  we  conclude  that  it  would  be  in  the  public  interest  to  modify  the  Departments  license  for  Station  KNCX731,  Hampstead,  North  Carolina  by  reissuing  the  license  in  the  name  of  the  Town  of  Surf  City.  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 
 Commissions  Rules,  47  C.  F.  R.    1.87,  that  the  licensee  for  Public  Safety  Pool  Station  KNCX731  IS  MODIFIED  to  identify  the  Town  of  Surf  City,  Town  of  Surf  City  Fire  Department,  P.  O.  Box  2475,  Surf 
 City,  NC  28445,  telephone  (910)  328-  0175,  facsimile  (910)  328-  4005,  as  the  licensee,  and  Chief  Robert  J.  Chace,  Town  of  Surf  City  Fire  Department,  P.  O.  Box  2475,  Surf  City,  NC  28445,  telephone  (910)  328- 
 0175,  facsimile  (910)  328-  4005,  as  the  contact  representative. 
 5.  IT  IS  FURTHER  ORDERED  that  this  Memorandum  Opinion  and  Order  shall  be  sent  by  certified  mail,  return  receipt  requested  to  the  Surf  City  Volunteer  Fire  Department,  Attn:  Chief  Demetrius  Batts, 

 101  Deer  Run  Drive,  Surf  City,  NC  28445. 
 6.  This  action  is  taken  under  delegated  authority  pursuant  to  Sections  0.131  and  0.331  of  the  Commissions  Rules,  47  C.  F.  R.    0.131,  0.331. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Dwana  R.  Terry  Chief,  Public  Safety  and  Private  Wireless  Division 
 Wireless  Telecommunications  Bureau 

 5  47  C.  F.  R.    1.87(  a). 
 6  47  C.  F.  R.    1.87(  g)(  1). 
 7  47  C.  F.  R.    1.87(  h);  see  also  Modification  Proposal  at  3. 
 8  47  C.  F.  R.    1.87(  i). 
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