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 Federal  Communications  Commission  DA  02-  53 
 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 
 Comserv  Consulting  Services  for  New 
 Industrial/  Business  Private  Land  Mobile  Radio 
 Station  at  Memphis,  Tennessee 


 And 
 COMSERV  CONSULTING  SERVICES 
 Licensee  of  Trunked  Industrial/  Business  Pool 
 Radio  Service  Station  WPRH220,  Memphis, 
 Tennessee 


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 ORDER  OF  MODIFICATION 
 Adopted:  January  10,  2002  Released:  January  14,  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  WPRH220,  Memphis,  Tennessee,  held  by  Comserv  Consulting  Services  (Comserv). 
 Specifically,  we  modify  Comserv’s  license  by  reducing  the  authorized  effective  radiated  power  (ERP)  of 
 operation  on  frequencies  452.1375  MHz,  452.  2875  MHz  and  452.6675  MHz  from  twenty  watts  to  ten 
 watts.  As  explained  in  further  detail  below,  we  take  this  action  pursuant  to  an  earlier  order  proposing  to 
 modify  Comserv’s  license.  1 


 2.  Background.  In  the  Modification  Proposal  Order,  based  upon  our  analysis,  we  concluded  that  a 
 Comserv  application,  the  grant  of  which  resulted  in  issuance  of  the  subject  license  for  Station  WPRH220, 
 should  not  have  been  coordinated  because  the  proposed  operations  did  not  provide  the  requisite 
 interference  protection  to  the  radio  operations  of  Racing  Radio,  Mesaba  Aviation,  Inc.  and  Leading  Edge 
 Trust.  2  We  found  that  initiation  of  revocation  proceedings  against  Comserv’s  station  was  unnecessary  in 
 this  matter  because  the  Personal  Communications  Industry  Association  (PCIA)  proposed  changes  to  the 
 Comserv  license  designed  to  eliminate  interference  to  the  earlier-  licensed  stations.  3  As  a  result,  we 
 proposed  to  modify  Comserv’s  license  pursuant  to  Section  316  of  the  Communications  Act  of  1934,  as 


 1  See  Comserv  Consulting  Services,  Memorandum  Opinion  and  Order,  16  FCC  Rcd  15424  (WTB  PSPWD  2001) 
 (Modification  Proposal  Order). 


 2  Id.  at  15427  ¶  8. 
 3  Id. 
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 Federal  Communications  Commission  DA  02-  XX 
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 amended,  4  by  lowering  the  authorized  operating  ERP  of  frequencies  452.1375  MHz,  452.  2875  MHz  and 
 452.6675  MHz  from  twenty  watts  to  ten  watts.  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  Comserv’s  operations. 


 3.  Discussion.  A  copy  of  the  Modification  Proposal  Order  was  sent  by  certified  mail,  return  receipt 
 requested  to  Comserv  with  the  requirement  that  any  protest  thereto  be  submitted  within  thirty  days  of  its 
 receipt.  6  Comserv  received  the  Modification  Proposal  Order  on  September  20,  2001.  Comserv  did  not 
 protest  the  proposed  modification  of  its  license  within  the  requisite  time  frame.  7  Therefore,  Comserv  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  Comserv’s  license  by  lowering  the  operating  ERP  on 
 frequencies  452.1375  MHz,  452.  2875  MHz  and  452.6675  MHz  for  Station  WPRH220,  Memphis, 
 Tennessee  from  twenty  watts  to  ten  watts.  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  WPRH220  held  by  Comserv 
 Consulting  Services  IS  MODIFIED  effective  thirty  days  from  the  release  of  this  Order  of  Modification  by 
 lowering  the  ERP  on  frequencies  452.1375  MHz,  452.2875  MHz  and  452.6675  MHz  from  twenty  watts 
 to  ten  watts  on  the  authorization. 


 5.  IT  IS  FURTHER  ORDERED  that  this  Memorandum  Opinion  and  Order  shall  be  sent  by  certified 
 mail,  return  receipt  requested  to  Comserv  Consulting  Services,  895  North  White  Station  Road,  Memphis, 
 TN  38122,  and  to  counsel  for  Comserv,  Russell  Taylor,  Esq.,  Mintz,  Levin,  Cohn,  Ferris,  Glovsky  & 
 Popeo,  P.  C.,  701  Pennsylvania  Avenue,  N.  W.,  Suite  900,  Washington,  D.  C.  20004. 


 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,  16  FCC  Rcd  at  15427  ¶  9. 
 9  47  C.  F.  R.  §  1.  87(  i). 
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