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 Federal  Communications  Commission  DA  03-  2558 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 INDUSTRIAL  TELECOMMUNICATIONS  ASSOCIATION,  INC. 
 Request  to  Initiate  Proceeding  to  Revoke  or  Modify  the  License  for  Station  WPIZ793 


 PERSONAL  COMMUNICATIONS  INDUSTRY  ASSOCIATION,  INC. 
 Request  to  Correct  License  for  Station  WPIZ793 
 and 
 WINGS  STADIUM  MANAGEMENT  Licensee  of  Private  Land  Mobile  Radio  Service 
 Industrial/  Business  Pool  Station  WPIZ793,  Kalamazoo,  Michigan 


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 ORDER  OF  MODIFICATION 
 Adopted:  July  29,  2003  Released:  July  31,  2003 
 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  (PLMR)  service  Industrial/  Business  Pool  Station  WPIZ793,  Kalamazoo,  Michigan.  Specifically, 
 we  modify  Wings  Stadium  Management’s  (WSM)  license  by  replacing  frequency  151.8600  MHz  with  frequency  151.8650  MHz.  As  explained  in  further  detail  below,  we  take  this  action  pursuant  to  an  earlier 
 order  proposing  to  modify  WSM’s  license.  1 
 2.  Background.  It  has  come  to  our  attention  that  the  above-  captioned  authorization  issued  to  WSM  contains  a  frequency  outside  of  the  Industrial/  Business  Pool.  Based  on  the  information  before  us, 
 we  believe  the  inclusion  of  such  frequency  on  the  license  for  Conventional  Industrial/  Business  Pool  Station  WPIZ793,  Kalamazoo,  Michigan  to  be  a  typographical  error.  In  the  MO&  O,  based  upon  our 
 analysis,  we  concluded  that  the  December  7,  1995  grant  for  Station  WPIZ793  was  defective  because  it  authorized  operation  on  invalid  frequency  151.8600  MHz.  2  There  is  no  allocation  for  the  frequency  in 
 either  PLMR  frequency  pool.  3  As  a  result,  we  proposed  to  modify  WSM’s  license  pursuant  to  Section 


 1  See  Wings  Stadium  Management,  Memorandum  Opinion  and  Order,  DA  03-  1146  (WTB  PSPWD  rel.  April  16, 
 2003)  (MO&  O). 
 2  See  MO&  O,  at  ¶  9. 


 3  The  PLMR  frequency  pools  are  the  Industrial/  Business  Pool  and  the  Public  Safety  Pool.  See  47  C.  F.  R.  §§  90.20, 
 90.35. 
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 Federal  Communications  Commission  DA  03-  2558 
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 316  of  the  Communications  Act  of  1934,  as  amended,  4  by  replacing  frequency  151.8600  MHz  with  frequency  151.8650  MHz. 
 3.  Discussion.  A  copy  of  the  MO&  O  was  sent  to  WSM  with  the  requirement  that  any  protest  thereto  be  submitted  within  thirty  days  of  its  receipt.  5  WSM  did  not  protest  the  proposed  modification  of 
 its  license  within  the  requisite  time  frame.  6  Therefore,  WSM  is  deemed  to  have  consented  to  the  proposed  modification.  7  Based  on  the  record  in  this  matter,  we  conclude  that  it  would  be  in  the  public  interest  to 
 modify  WSM’s  license  by  replacing  frequency  151.8600  MHz  with  frequency  151.8650  MHz. 
 4.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i)  and  316(  a)  of  the  Communications  Act  of  1934,  47  U.  S.  C.  §§  154(  i),  316,  and  Section  1.87  of  the  Commission's  Rules,  47 
 C.  F.  R.  §  1.87,  the  license  for  private  land  mobile  radio  service  Station  WPIZ793,  Kalamazoo,  Michigan,  held  by  Wings  Stadium  Management,  BE  MODIFIED  by  replacing  frequency  151.8600  MHz  with 
 frequency  151.8650  MHz. 
 5.  IT  IS  FURTHER  ORDERED  that  this  Order  of  Modification  shall  be  sent  by  certified  mail,  return  receipt  requested,  to  Wings  Stadium  Management,  3600  Van  Rick  Dr.,  Kalamazoo,  MI  49001, 
 Attn:  Mr.  Paul  Pickard. 
 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  See  47  C.  F.  R.  §  1.87(  a). 
 6  See  47  C.  F.  R.  §  1.87(  g)(  1). 
 7  See  47  C.  F.  R.  §  1.87(  h);  see  also  MO&  O,  18  FCC  Rcd  at  2579  ¶  5. 
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