*Pages 1--2 from Microsoft Word - 13891.doc* Federal Communications Commission DA 01- 3031 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of TOWN TAXI, INC. Petition to Revoke License of Comtronics Corporation for Station WPPD215, Boston, Massachusetts And COMTRONICS CORPORATION Licensee of Trunked Industrial/ Business Pool Radio Service Station WPPD215, Boston, Massachusetts ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 WPPD215, Boston, Massachusetts, held by Comtronics Corporation (Comtronics). Specifically, we modify the subject license by removing the frequency 152.2775 MHz. As explained in further detail below, we take this action pursuant to an earlier order proposing to modify Comtronics’s license. 1 2. Background. In the Modification Proposal Order, based upon our analysis, we concluded that the Comtronics application, the grant of which resulted in issuance of the subject license for Station WPPD215, should not have been coordinated because the proposed operations did not provide the requisite interference protection to the radio operations of Town Taxi, Inc. 2 We found that initiation of revocation proceedings against Station WPPD215 was unnecessary in this matter because the Personal Communications Industry Association (PCIA) proposed changes to the station license designed to eliminate interference to the earlier- licensed stations. 3 As a result, we proposed to modify Comtronics’s license pursuant to Section 316 of the Communications Act of 1934, as amended, 4 by removing frequency 1 See Town Taxi, Inc., Memorandum Opinion and Order, 16 FCC Rcd 14820 (WTB PSPWD 2001) (Modification Proposal Order). 2 Id. at 14823 ¶ 9. 3 Id. 4 47 U. S. C. § 316. 1 Federal Communications Commission DA 01- 3031 2 152.2775 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 Comtronics’ operations. 3. Discussion. A copy of the Modification Proposal Order was sent by certified mail, return receipt requested to Comtronics Corporation with the requirement that any protest thereto be submitted within thirty days of its receipt. 6 Comtronics received the Modification Proposal Order on September 20, 2001. Comtronics did not protest the proposed modification of its license within the requisite time frame. 7 Therefore, Comtronics 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 Comtronics’s license for Station WPPD215, Boston, Massachusetts, by removing the frequency 152.2775 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 WPPD215, Boston, Massachusetts, held by Comtronics Corporation IS MODIFIED effective thirty days from the release of this Order of Modification by removing the frequency 152.2775 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 Comtronics Corporation, Attention: Catherine Leonard, 1230 Furnace Brook Parkway, Quincy, Massachusetts 02169- 4718. 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 14823 ¶ 10. 9 47 C. F. R. § 1. 87( i). 2