*Pages 1--4 from Microsoft Word - 5815.doc* Federal Communications Commission DA 01- 11 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of JAN DAVID JUBON, P. E. Modification of Business Radio License for Station WNZE864 To Permit Operation North Of Line A ) ) ) ) ) ) ) FCC File No. 0001A049991 ORDER ON RECONSIDERATION Adopted: January 02, 2001 Released: January 04, 2001 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On May 19, 2000, Jan David Jubon (Jubon) filed a petition for partial reconsideration (Petition) 1 of a decision on May 8, 2000, by the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch). 2 The Branch granted Jubon’s request for a change in the mailing address and control point of his Business Radio Station WNZE864. 3 This facility is licensed to operate on frequencies 151.625 MHz and 151.925 MHz. 4 The Branch, however, denied Jabon’s request to remove a restriction from operation north of “Line A” for the subject frequencies. 5 Based on our review of the record in this matter, we conclude that the Branch’s denial of Jubon’s request for removal of the restriction was warranted. The Petition is therefore denied. II. BACKGROUND 2. Treaty Limitation. Frequencies 151.625 MHz and 151.925 MHz are in the Industrial/ Business Pool of the Private Land Mobile Radio Services. 6 Under a 1962 international agreement, coordination between the United States (U. S.) and Canadian authorities generally is required in the assignment of these frequencies for areas north of “Line A.” 7 “Line A” is an “imaginary” line within 1 Jan David Jubon (Jubon) Petition for Reconsideration or Declaratory Ruling (filed May 19, 2000) (Petition). 2 Modified license authorization for Business Radio Station WNZE864 issued to Jubon (File No. 0001A049991, May 2, 2000). 3 Id. 4 Id. 5 Id. 6 47 C. F. R. § 90.35. 7 Coordination and Use of Radio Frequencies Above 30 Megacycles per Second, Agreement Between the United States and Canada Revising the Technical Annex to the Agreement of October 24, 1962, June 24, 1965, T. I. A. S. (continued….) 1 Federal Communications Commission DA 01- 11 2 the U. S. approximately paralleling the U. S.- Canadian border. This definition is incorporated in Sections 1.928( e) and 90.7 of the Commission’s Rules. 8 “Line A” commences at Aberdeen, Washington, and terminates at the southernmost point of Searsport, Maine. 9 3. License Modification Request. Under his license, Jubon is authorized for nationwide mobile itinerant operation on 151.625 MHz, and nationwide mobile operation on 151.925 MHz. On January 28, 2000, Jubon filed an application (FCC Form 600) with the Commission requesting a change in mailing address for the licensee and for the control point of his station operations. 10 He also requested removal, if possible, of a restriction from operation north of Line A for the subject frequencies. 11 On May 13, 2000, Jubon received an authorization document for Station WNZE864 dated May 8, 2000, with an expiration date of April 30, 2002. 12 The Branch changed Jubon’s mailing address and control point, as requested, but did not grant the request to remove the “Line A” restriction. Therefore, Jubon is permitted to operate only between points south of “Line A.” 13 Jubon requests reconsideration of that latter action. III. DISCUSSION 4. Petition for Reconsideration. Jabon requests reconsideration of the Branch’s decision not to permit him to operate north of “Line A”. 14 Jubon’s station operation is mobile- to- mobile and may occur at any location nationwide depending upon client and project need. 15 Until recently, the bulk of Jubon’s operations were concentrated in areas well removed from “Line A”. 16 He submits that this has changed, and that his current business location and personal residence are in Warren, Pennsylvania. 17 As this locale is well north of “Line A”, Jubon asserts that he cannot utilize the subject license in the areas surrounding his current residence, office or in conjunction with his client’s work in the region. 18 5. Decision. Based on our review of the record, we find that the Branch’s action in this matter was correct. In the subject Petition, Jubon submits that he can no longer use his licensed station (Continued from previous page) No. 5833, at Arrangement A, 2 (a) (U. S./ Canadian Above 30 MHz Agreement). See also 47 C. F. R. § 1.928 for the applicable Commission rules on frequency coordination with Canada. 8 47 C. F. R. §§ 1.928( e), 90.7. 9 The complete description of Line A is provided in 47 C. F. R. §§ 1.928( e), 90.7. 10 Petition at 1. 11 Id. 12 Id. 13 Id. 14 Id. at 3. 15 Id. at 2. 16 Id. 17 Id. 18 Id. 2 Federal Communications Commission DA 01- 11 3 because he has changed his personal and business location. 19 He contends that removal of the “Line A” restriction from his Business Radio license would enable him to operate Station WNZE864 in his new locale, Warren, Pennsylvania. 20 Jubon originally applied for and was granted an authorization that met his business needs. This authorization had the “Line A” restriction imposed on it. Jubon would not have been granted the license without this restriction because of our treaty obligations with Canada. 21 6. We, as a general matter, routinely impose the “Line A” condition on licenses, such as the one held by Jubon, in order to meet the requirements imposed by the U. S./ Canadian Above 30 MHz Agreement. This bilateral agreement was reached between the U. S. and Canada in order to resolve issues concerning interference from radio stations in both countries. 22 The Branch’s action apparently was based on its recognition that Jubon is authorized for nationwide mobile itinerant operation, which is operation of a radio station at unspecified locations for varying periods of time. 23 Based on the information before us, we do not believe that Jubon has presented sufficient information to demonstrate that the requested removal of the “Line A” restriction is warranted. In this regard, we note that Canada has frequently refused to waive the “Line A” restriction in cases involving specific sites. 24 We believe it is highly unlikely that Canada would permit removal of the “Line A” restriction to allow nationwide mobile operation, particularly in the absence of unique and unusual circumstances. As a result, the Branch concluded that the requested removal of the “Line A” restriction was “not possible” under the circumstances presented and did not pursue it further. 25 7. There are alternatives other than the one requested by Jubon that could enable him to operate a Business Radio station from his current location. Since the U. S./ Canadian Above 30 MHz Agreement does not require coordination for operations using power of five watts or less effective radiated power (ERP), Jubon can continue to operate Station WNZE864 if he reduces his station’s power to five watts or less ERP. 26 Although Canadian coordination is not required for such operations, they would be secondary to any coordinated Canadian operations. Furthermore, if Jubon wishes to pursue this 19 Id. 20 Id. 21 For a case noting the Commission’s obligations under the U. S./ Canadian Above 30 MHz Agreement, see In the Matter of Revision of Part 22 and Part 90 of the Commission’s Rules to Facilitate Future Development of Paging Systems, and Implementation of Section 309( j) of the Communications Act – Competitive Bidding, Memorandum Opinion and Order on Reconsideration and Third Report and Order, WT Docket No. 96- 18, PR Docket No. 93- 253, 14 FCC Rcd 10030, 10068 ¶ 60 (1999) (Paging Systems Order). 22 See Paging Systems Order, 14 FCC Rcd at 10068 ¶ 59. 23 See 47 C. F. R. § 90.7. 24 See, e. g., In re Sims Company, Inc., 14 FCC Rcd 17841, 17842 ¶ 4 (WTB CWD 1999). 25 If Jubon is interested in continuing to pursue the removal of the “Line A” restriction, he would need to submit a modification application that included information demonstrating why such removal is warranted and would not cause harmful interference to Canadian operations given the nature of Jubon’s currently authorized itinerant operations. See 47 C. F. R. § 1.947 for the Commission rules governing the modification of licenses in the Wireless Radio Services. 26 For the definition of ERP, see 47 C. F. R. § 90.7. 3 Federal Communications Commission DA 01- 11 4 alternative, he is required to submit an application for license modification to reflect this limitation on his power. 27 If this option does not meet his needs, Jubon may file a new license application for a specific area, in this case Warren, Pennsylvania, which the Branch would submit to Canada for coordination. We would be able to grant such license only if we received Canadian aconcurrence to Jubon’s proposed operations. IV. CONCLUSION 8. For the reasons set forth above, we find no basis for reversing the Branch’s decision. The Branch’s action is consistent with the facts presented, Commission precedent, and our bilateral treaty obligations. Jubon failed to justify requesting coordination with Canada for removal of the “Line A” restriction on his license for Station WNZE864. We therefore deny his reconsideration request. V. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that, pursuant to Sections 4( i) and 405 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 405, and Section 1.106 of the Commission’s Rules, 47 C. F. R. § 1.106, the Petition for Reconsideration filed by Jan David Jubon on May 19, 2000, IS DENIED. 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 D’wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau 27 See 47 C. F. R. § 1.947. 4