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 Federal  Communications  Commission  DA  01-  3030 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 INDUSTRIAL  TELECOMMUNICATIONS 
 ASSOCIATION,  INC. 


 Petition  to  Set  Aside  Grant  of  Application  of 
 Wayne  E.  Noll  for  New  Industrial/  Business 
 Private  Land  Mobile  Radio  Station  at  Platte, 
 Missouri 


 And 
 WAYNE  E.  NOLL 
 Licensee  of  Trunked  Industrial/  Business  Pool 
 Radio  Service  Station  WPRH950,  Platte,  Missouri 


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 ORDER  OF  MODIFICATION 
 Adopted:  December  31,  2001  Released:  January  3,  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  Private  Land  Mobile 
 Radio  Station  WPRH950,  Platte,  Missouri,  held  by  Wayne  E.  Noll  (Noll).  Specifically,  we  modify  Noll’s 
 license  by  changing  the  authorized  frequency  of  operation  from  157.620  MHz  to  159.  555  MHz.  As 
 explained  in  further  detail  below,  we  take  this  action  pursuant  to  an  earlier  order  proposing  to  modify 
 Noll’s  license.  1 


 2.  Background.  In  the  Modification  Proposal  Order,  based  upon  our  analysis,  we  concluded  that 
 the  Noll  application,  the  grant  of  which  resulted  in  issuance  of  the  subject  license  for  Station  WPRH950, 
 should  not  have  been  coordinated  because  the  proposed  operations  did  not  provide  the  requisite 
 interference  protection  to  the  radio  operations  of  Commenco,  Inc.  2  We  found  that  initiation  of  revocation 
 proceedings  against  Noll’s  station  was  unnecessary  in  this  matter  because  the  Personal  Communications 
 Industry  Association  (PCIA)  proposed  changes  to  the  Noll  license  designed  to  eliminate  interference  to 
 the  earlier-  licensed  stations.  3  As  a  result,  we  proposed  to  modify  Noll’s  license  pursuant  to  Section  316 
 of  the  Communications  Act  of  1934,  as  amended,  4  by  changing  the  authorized  operating  frequency  of 


 1  See,  In  re  Wayne  E.  Noll,  16  FCC  Rcd  14873  (WTB  PSPWD  2001)  (Modification  Proposal  Order). 
 2  Id.  at  14876  ¶  9. 
 3  Id. 
 4  47  U.  S.  C.  §  316. 
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 Federal  Communications  Commission  DA  01-  3030 
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 157.620  MHz  to  159.  555  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  Noll’s  operations. 


 3.  Discussion.  A  copy  of  the  Modification  Proposal  Order  was  sent  by  certified  mail,  return  receipt 
 requested  to  Noll  with  the  requirement  that  any  protest  thereto  be  submitted  within  thirty  days  of  its 
 receipt.  6  Noll  received  the  Modification  Proposal  Order  on  September  27,  2001.  Noll  did  not  protest  the 
 proposed  modification  of  its  license  within  the  requisite  time  frame.  7  Therefore,  Noll  is  deemed  to  have 
 consented  to  the  proposed  modification.  8  Based  on  the  record  in  this  matter,  we  conclude  that  it  would  be 
 in  the  public  interest  to  modify  Noll’s  license  by  changing  the  operating  frequency  for  station  WPRH950, 
 Platte,  Missouri  from  157.620  MHz  to  159.555  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  WPRH950,  Platte,  Missouri,  held  by 
 Wayne  E.  Noll  IS  MODIFIED  effective  thirty  days  from  the  release  of  this  Order  of  Modification  by 
 changing  the  operating  frequency  157.620  MHz  to  159.  555  MHz  on  the  authorization. 


 5.  IT  IS  FURTHER  ORDERED  that  this  Memorandum  Opinion  and  Order  shall  be  sent  by  certified 
 mail,  return  receipt  requested  to  Wayne  E.  Noll,  P.  O.  Box  1067,  Platte  City,  Missouri  64079. 


 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 


 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,  16  FCC  Rcd  at  14876  ¶  9. 
 9  47  C.  F.  R.  §  1.  87(  i). 
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