*Pages 1--2 from Microsoft Word - 39842* Federal Communications Commission DA 04- 1958 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of TERRY L. PFEIFFER Licensee of Industrial/ Business Private Land Mobile Radio Station WPWH301, Malone, NY ) ) ) ) ) ) ORDER OF MODIFICATION Adopted: June 25, 2004 Released: June 30, 2004 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order of Modification, we modify the license of Terry L. Pfeiffer (“ Pfeiffer”) for Industrial/ Business Pool Station WPWH301, Malone, New York, by deleting frequency 152.870 MHz. As explained in further detail below, we take this action pursuant to an earlier order proposing to modify Pfeiffer’s license. 1 2. Background. On September 10, 2003, a representative of Industry Canada informed the Licensing and Technical Analysis Branch (Branch) of the former Public Safety and Private Wireless Division 2 that several stations in Ontario licensed to Union Gas were receiving harmful interference to their communications on frequency 152.870 MHz. Industry Canada also stated that it had pinpointed the source of the interference to a U. S. station located near Malone, New York transmitting on frequency 152.870 MHz. 3 Based on the information supplied by Industry Canada, agents from the Commission’s Enforcement Bureau performed an inspection of Station WPHW301, which verified that Pfeiffer’s station was the source of the interference to Union Gas’s operations. In coordination with the Branch, Pfeiffer modified his operations in an effort to eliminate the interference, but Industry Canada reported that Union Gas continued to suffer harmful interference from Station WPWH301. Therefore, on April 26, 2004, in the MO& O, we concluded that Pfeiffer’s operation on frequency 152.870 MHz was contrary to the public interest, and should cease in order to prevent interference to Union Gas. 4 As a result, we proposed to modify Pfeiffer’s license pursuant to Section 316 of the Communications Act of 1934, as amended, 5 by removing frequency 152.870 MHz. 1 See Terry L. Pfeiffer, Memorandum Opinion and Order, 19 FCC Rcd 7607 (WTB PSCID 2004) (MO& O). 2 The Commission reorganized the Wireless Telecommunications Bureau effective November 13, 2003, and the relevant duties of the Public Safety and Private Wireless Division were assumed by the Public Safety and Critical Infrastructure Division. See Reorganization of the Wireless Telecommunications Bureau, Order, 18 FCC Rcd 25414, 25414 ¶ 2 (2003). 3 See E- mail dated Sept. 10, 2003 from Pierre Gaudreau, Industry Canada, to Tracy Simmons. The harmful interference was being experienced by mobile units associated with the following Union Gas stations: Station VAJ579, Morrisburg, Ontario; Station VEK839, Bunker Hill, Ontario; Station VEK855, Cornwall, Ontario; Station XNG529, Cornwall, Ontario; and Station XNG530, South Mountain, Ontario. Id. 4 MO& O, 19 FCC Rcd at 7608- 09 ¶¶ 5- 7. 5 47 U. S. C. § 316. 1 Federal Communications Commission DA 04- 1958 2 3. Discussion. The MO& O directed Pfeiffer to submit any protest to the proposed license modification within thirty days of its release. 6 We did not receive a protest of the proposed modification of Pfeiffer’s license within the requisite time frame. 7 Therefore, Pfeiffer 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 Pfeiffer’s license by removing frequency 152.870 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 WPWH301, Malone, New York held by Terry L. Pfeiffer, BE MODIFIED by deleting frequency 152.870 MHz. 5. IT IS FURTHER ORDERED that this Order of Modification shall be sent by certified mail, return receipt requested, to Terry L. Pfeiffer, 6350 Bills Rd, Naples, NY 14512- 9738. 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 Critical Infrastructure Division Wireless Telecommunications Bureau 6 See 47 C. F. R. § 1.87( a). 7 See 47 C. F. R. § 1.87( g)( 1). 8 See 47 C. F. R. § 1.87( h); see also MO& O, 19 FCC Rcd at 7607, 7609 ¶ 8. 2