*Pages 1--2 from  Microsoft Word - 12549.doc*
 Federal  Communications  Commission  DA  01-  2543 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 POOL  WELL  SERVICES  COMPANY,  PACIFIC 
 GAS  AND  ELECTRIC  and  SOUTHERN 
 CALIFORNIA  GAS  COMPANY 


 Petitions  to  Set  Aside  Grant  of  License  of  Fresno 
 Mobile  Radio,  Inc.  for  New  Industrial/  Business 
 Private  Land  Mobile  Radio  Station  at  Meadow 
 Lakes,  California 


 and 
 FRESNO  MOBILE  RADIO,  INC. 
 Licensee  of  Trunked  Industrial/  Business  Pool 
 Radio  Service  Station  WPPA630,  Meadow  Lakes, 
 California 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 


 ORDER  OF  MODIFICATION 
 Adopted:  October  30,  2001  Released:  November  1,  2001 


 By  the  Chief,  Public  Safety  and  Private  Wireless  Division,  Wireless  Telecommunications  Bureau: 
 1.  Introduction.  In  this  Order  of  Modification,  we  modify  the  license  for  Private  Land  Mobile 
 Radio  Station  WPPA630,  Meadow  Lakes,  California,  held  by  Fresno  Mobile  Radio,  Inc.  (Fresno). 
 Specifically,  we  modify  Fresno’s  license  by  removing  the  frequencies  153.215/  159.600  MHz  and 
 153.515/  159.600  MHz.  As  explained  below,  we  take  this  action  pursuant  to  an  earlier  order  proposing  to 
 modify  Fresno’s  license.  1 


 2.  Background.  In  the  Modification  Proposal  Order,  based  upon  our  analysis,  we  concluded  that 
 the  Fresno  application  should  not  have  been  coordinated  because  the  proposed  operations  did  not  provide 
 the  requisite  interference  protection  to  the  operations  of  Pool  Well  Services  Co.  (PWSC),  Pacific  Gas  and 
 Electric  (PG&  E)  and  Southern  California  Gas  Company  (SCGC).  2  We  found  that  initiation  of  revocation 
 proceedings  against  Fresno’s  station  was  unnecessary  in  this  matter  because  the  Personal 
 Communications  Industry  Association  (PCIA)  proposed  changes  to  the  Fresno  license  designed  to 
 eliminate  interference  to  the  earlier-  licensed  stations.  3  We  proposed  to  modify  Fresno’s  license  pursuant 


 1  See,  In  re  Pool  Well  Services  Co.,  DA  01-  1990  (WTB  PSPWD  rel.  Aug.  24,  2001)  (Modification  Proposal  Order). 
 2  Id.  ¶  8. 
 3  Id. 
1
 Federal  Communications  Commission  DA  01-  2543 
 2 
 to  Section  316  of  the  Communications  Act  of  1934,  as  amended,  4  by  removing  the  frequencies 
 153.215/  159.600  MHz  and  153.515/  159.  600  MHz.  5  In  this  connection,  we  tentatively  concluded  that  the 
 proposed  modification  would  serve  the  public  interest  by  preserving  the  existing  coverage  areas  of 
 affected  parties  and  preventing  harmful  interference,  while  not  unduly  disrupting  Fresno’s  operations. 


 3.  Discussion.  A  copy  of  the  Modification  Proposal  Order  was  sent  by  certified  mail,  return  receipt 
 requested  to  Fresno.  6  Fresno  received  the  Modification  Proposal  Order  on  September  26,  2001.  The 
 certified  mail  receipt  was  received  by  the  Commission  mailroom  on  October  5,  2001.  Fresno  did  not 
 protest  the  proposed  modification  of  its  license  within  the  requisite  time  frame.  7  Therefore,  Fresno  is 
 deemed  to  have  consented  to  the  modification.  8  Based  on  the  record  in  this  matter,  we  conclude  that  it 
 would  be  in  the  public  interest  to  modify  Fresno’s  license  by  deleting  the  frequency  pairs 
 153.215/  159.600  MHz  and  153.515/  159.  600  MHz.  9 


 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  Station  WPPA630  held  by  Fresno  Mobile 
 Radio,  Inc.  IS  MODIFIED  effective  thirty  days  from  the  release  of  this  Order  of  Modification  by  deleting 
 the  frequencies  153.215/  159.600  MHz  and  153.515/  159.  600  from  the  authorization. 


 5.  IT  IS  FURTHER  ORDERED  that  this  Memorandum  Opinion  and  Order  shall  be  sent  by  certified 
 mail,  return  receipt  requested  to  Fresno  Mobile  Radio,  Inc.,  160  N.  Broadway,  Fresno,  CA  93701. 


 6.  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 


 4  47  U.  S.  C.  §  316. 
 5  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. 


 6  47  C.  F.  R.  §  1.  87(  a) 


 7  47  C.  F.  R.  §  1.  87(  g)(  1) 
 8  47  C.  F.  R.  §  1.  87(  h);  see  also  Modification  Proposal  Order  at  ¶  9. 
 9  47  C.  F.  R.  §  1.  87(  i). 
2