Federal Communications Commission DA 07-2165 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WASHINGTON ALARM, INC, Licensee of Industrial/Business Private Land Mobile Radio Station WNYM824, Seattle, Washington ) ) ) ) ) ) ) ORDER OF MODIFICATION Adopted: May 23, 2007 Released: May 24, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order of Modification, we modify the license of Washington Alarm, Inc. (“Washington Alarm”) for Industrial/Business Pool Station WNYM824, Seattle, Washington, by limiting the use of frequency 460.9375 MHz to 200 meters above mean sea level (AMSL). As explained below, we take this action pursuant to an earlier order proposing to modify Washington Alarm’s license.1 2. Background. Washington Alarm’s license for Station WNYM824 authorizes operations on frequency pair 460/465.9375 MHz with a maximum authorized transmitter output power of two watts at any location within 121 kilometers of a center point located near the center of Seattle, Washington.2 The license authorizes only mobile units, but Section 90.267(f)(1) of the Commission’s Rules provides that fixed stations on this frequency pair may be licensed as mobile.3 3. On December 23, 2005, a representative of Industry Canada contacted the Seattle, Washington office of the Commission’s Enforcement Bureau, stating that Station VCU869 in Saltspring Island, British Columbia, was receiving interference to its communications on frequency 460.9375 MHz. Based on the information supplied by Industry Canada, agents from the Enforcement Bureau performed an inspection on April 11, 2006 of a base station located on Tiger Mountain transmitting on frequency 460.9375 MHz.4 The base station is operated by Washington Alarm under the authorization for Station WNYM824. Upon inspection of the Washington Alarm site, the Commission field agents determined that the base station was operating with a transmitter output power of 6.5 watts rather then the authorized 2 watts. The power was reduced in compliance with the authorization and an omnidirectional antenna was installed. Nevertheless, Industry Canada reported on April 18, 2006 that Station VCU869 continued to suffer harmful interference from Station WNYM824. Consequently, we proposed to modify the license for Station WNYM824 by adding a condition limiting any operation on frequency 460.9375 MHz 1 See Washington Alarm, Inc., Order Proposing Modification, 22 FCC Rcd 3996 (WTB MD 2007) (Order Proposing Modification). 2 See license for Station WNYM824. The coordinates of the center point of the authorized service area are 47-35- 59.4 N/122-19-4.5 W. 3 47 C.F.R. § 90.267(f)(1). 4 The coordinates of the base station are 47-29-17.16 N/121-56-48.2 W. The antenna height is nearly 1000 meters AMSL. Federal Communications Commission DA 07-2165 2 to antenna sites where the antenna height AMSL is no greater than 200 meters.5 4. Discussion. The Order Proposing Modification was released on February 28, 2007. Washington Alarm did not protest the proposed modification of its license within the requisite thirty-day time frame.6 Accordingly, Washington Alarm is deemed to have consented to the proposed modification.7 Based on the record before us, we conclude that it is in the pubic interest to modify Washington Alarm’s license for Station WNYM824 by limiting any operation on frequency 460.9375 MHz to antenna sites where the antenna height AMSL is no greater than 200 meters. 5. Conclusion and Ordering Clauses. Accordingly, IT IS ORDERED that, 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 Commission’s Rules, 47 C.F.R. § 1.87, the license for Industrial/Business Pool Station WNYM824 BE MODIFIED by adding the following special condition: “Use of frequency 460.9375 MHz is authorized only where the antenna height above mean sea level is no greater than 200 meters.” 6. IT IS FURTHER ORDERED that this Order of Modification SHALL BE SENT by certified mail, return receipt requested, to Washington Alarm, Inc., 1253 S. Jackson, Seattle, WA 98144, Attn: John Woodman. 7. 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 COMMUNICATION COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 5 See Order Proposing Modification, 22 FCC Rcd at 3998 ¶ 7. We concluded that the power reduction would not unduly disrupt Washington Alarm’s operations. Id. 6 See 47 C.F.R. § 1.87(g)(1). 7 See 47 C.F.R. § 1.87(h).