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 Federal  Communications  Commission  DA  02-  54 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 INDUSTRIAL  TELECOMMUNICATIONS 
 ASSOCIATION,  INC. 


 Petition  to  Reconsider  Denial  of  Petition  to  Set 
 Aside  Grant  of  Application  of  Public  Service 
 Electric  and  Gas  Company  for  New 
 Industrial/  Business  Private  Land  Mobile  Radio 
 Station  at  Borough  Park  Ridge,  New  Jersey 


 And 
 PUBLIC  SERVICE  ELECTRIC  AND  GAS 
 COMPANY 


 Licensee  of  Conventional  Power  Radio  Service 
 Station  WPQK581,  Borough  Park  Ridge,  New 
 Jersey,  and  Petition  to  Rescind  Grant  of  Authority 
 of  Horizon  Communications  for  New 
 Industrial/  Business  Private  Land  Mobile  Radio 
 Station  at  Fort  Lee,  New  Jersey 


 And 
 HORIZON  COMMUNICATIONS 
 Licensee  of  Trunked  Industrial/  Business  Pool 
 Radio  Service  Station  WPOY784,  Fort  Lee,  New 
 Jersey 


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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  WPOY784,  Fort  Lee,  New  Jersey,  held  by  Horizon  Communications  (Horizon). 
 Specifically,  we  modify  Horizon’s  license  by  removing  153.6125  MHz  as  an  authorized  frequency  of 
 operation  for  Station  WPOY784.  As  explained  in  further  detail  below,  we  take  this  action  pursuant  to  an 
 earlier  order  proposing  to  modify  Horizon’s  license.  1 


 1  See  Horizon  Communications,  Memorandum  Opinion  and  Order,  16  FCC  Rcd  15765  (WTB  PSPWD  2001) 
 (Modification  Proposal  Order). 
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 Federal  Communications  Commission  DA  02-  XX 
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 2.  Background.  In  the  Modification  Proposal  Order,  based  upon  our  analysis,  we  concluded  that  a 
 Horizon  application,  the  grant  of  which  resulted  in  issuance  of  the  subject  license  for  Station  WPOY784, 
 should  not  have  been  coordinated  because  the  proposed  operations  did  not  provide  the  requisite 
 interference  protection  to  the  radio  operations  of  Public  Service  Electric  and  Gas  Company  (PSE&  G).  2 
 We  found  that  initiation  of  revocation  proceedings  against  Horizon’s  station  was  unnecessary  in  this 
 matter  because  the  Personal  Communications  Industry  Association  (PCIA)  proposed  changes  to  the 
 Horizon  license  designed  to  eliminate  interference  to  the  earlier-  licensed  stations.  3  As  a  result,  we 
 proposed  to  modify  Horizon’s  license  pursuant  to  Section  316  of  the  Communications  Act  of  1934,  as 
 amended,  4  by  removing  the  authorized  operating  frequency  of  153.6125  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  Horizon’s  operations. 


 3.  Discussion.  A  copy  of  the  Modification  Proposal  Order  was  sent  by  certified  mail,  return  receipt 
 requested  to  Horizon  Communications  with  the  requirement  that  any  protest  thereto  be  submitted  within 
 thirty  days  of  its  receipt.  6  Horizon  received  the  Modification  Proposal  Order  on  September  21,  2001. 
 Horizon  did  not  protest  the  proposed  modification  of  its  license  within  the  requisite  time  frame.  7 
 Therefore,  Horizon  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  Horizon’s  license  for  Station 
 WPOY784,  Fort  Lee,  New  Jersey  by  removing  153.6125  MHz  as  an  authorized  frequency  of  operation.  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  WPOY784  held  by  Horizon 
 Communications  IS  MODIFIED  effective  thirty  days  from  the  release  of  this  Order  of  Modification  by 
 removing  the  frequency  153.6125  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  Horizon  Communications,  P.  O.  Box  387,  Cliffside  Park,  NJ  07010. 


 2  Id.  at  15769  ¶  11. 
 3  Id. 
 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  15769  ¶  12. 
 9  47  C.  F.  R.  §  1.  87(  i). 
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 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 
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