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 Federal  Communications  Commission  DA  05-  286 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 James  A  Kay,  Jr. 
 Applications  for  Modification  Trunked  SMR  Station  WNPJ874 
 Mount  Lukens,  California 


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 File  Nos.  628816  633210 


 ORDER 
 Adopted:  February  2,  2005  Released:  February  2,  2005 
 By  the  Assistant  Chief,  Mobility  Division,  Wireless  Telecommunications  Bureau: 
 1.  On  October  29,  1993,  Cal  Western  Termite  Control  Inc.  (Cal  Western)  filed  a  petition  to  deny  (Petition  to  Deny)  1  the  above-  captioned  applications  filed  by  James  A.  Kay,  Jr.  (Kay).  2  Cal  Western 
 supports  its  Petition  to  Deny  by  incorporating  by  reference  the  arguments  presented  in  a  Petition  for  Reconsideration  filed  on  October  4,  1993,  3  and  supplemented  on  October  29,  1993,  4  seeking 
 reinstatement  of  its  license  for  Station  KVL499.  The  Wireless  Telecommunication  Bureau’s  Public  Safety  and  Private  Wireless  Division  (PSPWD)  denied  Cal  Western’s  Petition  for  Reconsideration  in  an 
 Order  released  on  July  20,  2001,  5  and  we  agree  with  the  legal  conclusion  in  that  Order  rejecting  Cal  Western’s  sole  allegation  that  its  license  was  fraudulently  cancelled.  6 


 2.  Cal  Western’s  stated  intent  in  its  Petition  to  Deny  is  to  prevent  further  loading  on  frequency  851.9625  MHz  on  Kay’s  Station  WNPJ874  in  the  event  PSPWD  reinstated  Cal  Western’s 
 license  for  Station  KVL499.  7  Not  only  did  PSPWD  deny  Cal  Western’s  reconsideration  request  and  therefore  its  reinstatement  request,  Cal  Western  provides  no  legal  or  technical  basis  on  which  to  deny 
 either  of  Kay’s  applications  other  than  the  argument  considered  and  rejected  in  the  PSPWD  Order.  As  a 


 1  Opposition  to  Applications,  Letter  from  Arthur  B.  Cook,  Counsel  for  Cal  Western  Termite  Control  Inc.  to  Terry  L. 
 Fishel,  Chief,  Land  Mobile  Branch,  Wireless  Telecommunications  Bureau  (Oct.  29,  1993)  (Petition  to  Deny).  2 
 Kay  filed  an  Opposition  on  November  9,  1993.  Opposition  to  Petition  to  Deny,  filed  by  James  A.  Kay,  Jr.  (Nov.  9,  1993). 


 3  Letter  from  Marcus  D.  Canipe,  Cal  Western  Termite  &  Pest  Control,  Inc.,  to  FCC,  Gettysburg,  PA  (received  Oct. 
 4,  1993  (Petition  for  Reconsideration).  4 
 Letter  from  Arthur  B.  Cook,  Counsel  for  Cal  Western  Termite  Control  Inc.  to  Terry  L.  Fishel,  Chief,  Land  Mobile  Branch,  Wireless  Telecommunications  Bureau  (Oct.  29,  1993)  (Motion  for  Acceptance  of  Late  Filed  Pleading  and 


 Supplement  to  Request  for  Reconsideration).  5 
 In  the  Matter  of  License  of  Cal  Western  Termite  &  Pest  Control,  Inc.  for  Conventional  Business  Station  KVL499,  Modjeska  and  Mount  Lukens,  California,  Order  on  Reconsideration,  16  FCC  Rcd  14049  (PSPWD  2001)  (PSPWD 


 Order).  6 
 PSPWD  Order,  16  FCC  Rcd  at  14051,  ¶  6.  PSPWD  determined  that  there  was  insufficient  evidence  to  conclude  that  the  cancellation  of  Cal  Western’s  license  was  procured  by  fraud  on  the  Commission’s  processes,  but  that  the 


 issue  of  fraud  solely  involved  interactions  between  Cal  Western  and  another  entity.  Id.  7 
 Opposition  to  Applications  at  1. 
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 Federal  Communications  Commission  DA  05-  286 
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 result,  we  have  no  basis  on  which  to  consider  Cal  Western’s  Petition.  We  therefore  deny  Cal  Western’s  Petition  to  Deny. 
 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i),  303(  r),  and  309(  d)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  303(  r),  309(  d),  and  Sections  0.331  and 
 1.939  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.331,  1.939,  the  Petition  to  Deny  filed  by  Cal  Western  Termite  Control  Inc.,  is  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Cyndi  Thomas  Assistant  Chief,  Mobility  Division 
 Wireless  Telecommunications  Bureau 
2