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 Federal  Communications  Commission  DA  03-  83 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 INDUSTRIAL  TELECOMMUNICATIONS  ASSOCIATION,  INC. 


 Petition  for  Modification  of  the  License  of  Hertz  Corp.  for  Industrial/  Business  Private  Land  Mobile 
 Radio  Station  WPIR684,  Memphis,  Tennessee 
 And 
 HERTZ  CORP. 
 Licensee  of  Conventional  Industrial/  Business  Pool  Radio  Service  Station  WPIR684,  Memphis, 
 Tennessee 


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 ORDER  OF  MODIFICATION 
 Adopted:  January  13,  2003  Released:  January  15,  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  Industrial/  Business  Pool,  Conventional  Station  WPIR684,  Memphis,  Tennessee.  Specifically,  we  modify  Hertz  Corp.  ’s 
 (Hertz)  license  by  deleting  frequency  pair  463/  468.2650  MHz.  As  explained  in  further  detail  below,  we  take  this  action  pursuant  to  an  earlier  order  proposing  to  modify  Hertz’s  license.  1 


 2.  Background.  By  letter  dated  October  19,  2002,  the  Industrial  Telecommunications  Association,  Inc.  (ITA)  brought  to  the  Commission’s  attention  the  fact  that  Station  WPIR684  had  been 
 granted  authority  to  operate  an  invalid  frequency  pair.  2  ITA  requested  that  the  Commission  determine  the  correct  frequency  for  this  system  and  issue  a  new  authorization  to  reflect  the  appropriate  frequency,  or  set 
 aside  Hertz’s  authorization  if  the  correct  frequency  cannot  be  determined.  In  the  MO&  O,  based  upon  our  analysis,  we  concluded  that  the  October  19,  1995  license  grant  for  Station  WPIR684  was  defective 
 because  it  authorized  operation  on  invalid  frequency  pair  463/  468.2650  MHz.  3  There  is  no  allocation  for  the  frequency  pair  463/  468.2650  MHz  in  either  the  Industrial/  Business  or  Public  Safety  Pools  according 
 to  current  FCC  rules.  4  As  a  result,  we  proposed  to  modify  Hertz’s  license  pursuant  to  Section  316  of  the 
 1  See  Industrial  Telecommunications  Association,  Inc.,  Memorandum  Opinion  and  Order,  17  FCC  Rcd  21141 
 (WTB  PSPWD  2002)  (MO&  O). 
 2  Letter  dated  October  19,  2001  and  received  October  30,  2001  from  Richard  F.  Feser,  Director,  Spectrum 
 Operations  &  Analysis,  ITA,  to  Mary  Shultz,  Chief,  Licensing  and  Technical  Analysis  Branch. 
 3  See  MO&  O,  17  FCC  Rcd  at  21142  ¶  6. 


 4  47  C.  F.  R.  §§  90.20,  90.35. 
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 Federal  Communications  Commission  DA  03-  83 
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 Communications  Act  of  1934,  as  amended,  5  by  deleting  frequency  pair  463/  468.2650  MHz.  In  this  connection,  we  concluded  that  the  proposed  modification  would  serve  the  public  interest  by  preventing 
 harmful  interference  to  adjacent  channel  licensees,  while  not  unduly  disrupting  Hertz’s  operations.  6 
 3.  Discussion.  A  copy  of  the  MO&  O  was  sent  to  Hertz  with  the  requirement  that  any  protest  thereto  be  submitted  within  thirty  days  of  its  receipt.  7  Hertz  did  not  protest  the  proposed  modification  of 
 its  license  within  the  requisite  time  frame.  8  Therefore,  Hertz  is  deemed  to  have  consented  to  the  proposed  modification.  9  Based  on  the  record  in  this  matter,  we  conclude  that  it  would  be  in  the  public  interest  to 
 modify  Hertz’s  license  for  Station  WPIR684  by  deleting  frequency  pair  463/  468.2650  MHz. 
 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  Private  Land  Mobile  Radio  Services  Station  WPIR684,  Memphis,  Tennessee,  held  by  Hertz  Corp.,  IS  MODIFIED  by  deleting  frequency  pair 
 463/  468.2650  MHz,  effective  thirty  days  from  the  date  of  this  Order  of  Modification. 
 5.  IT  IS  FURTHER  ORDERED  that  this  Order  of  Modification  shall  be  sent  by  certified  mail,  return  receipt  requested,  to  Hertz  Corp.,  5601  NW  Expressway,  Oklahoma  City,  Oklahoma  73132. 


 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. 
 6  MO&  O,  17  FCC  Rcd  at  21142  ¶  5. 
 7  See  47  C.  F.  R.  §  1.87(  a). 
 8  See  47  C.  F.  R.  §  1.87(  g)(  1). 
 9  See  47  C.  F.  R.  §  1.87(  h);  see  also  MO&  O,  17  FCC  Rcd  at  21142  ¶  6. 
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