Before the
Federal Commuuications Commission
Washington, D.C. 20554
ill the Matter of
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HALL AND BARTLEY
Licensee of Business, Trunked (YO) Station
WQGD364, Middletown, California
ORDER PROPOSING MODIFICATION
Adopted: June 25, 2007 Released: June 27, 2007
By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction. By this Order Proposing Modification, we initiate a proceeding to modify
the license of Hall and Bartley (H&B) for Station WQGD364, Middletown, California, by deleting
frequency 939.2375 MHz from Location 1, deleting Locations 2 and 3, and deleting frequency 900.2375
MHz from Locations 4 and 5. As discussed in further detail below, we take this action pursuant to an
informal request submitted on January 3, 2007 by the Enterprise Wireless Alliance (EW A).!
2. Background. H&B was granted a license for 900 MHz Business Radio Service Station
WPPE708, Middletown, California, in November 1999, for a five-year license term. The license expired
by its own terms in November 2004. On March 21, 2005, H&B filed an application for a new
authorization for the same locations and frequencies as were authorized to Station WPPE708, and
requested a waiver of the Commission's freeze2 on new 900 MHz applications.3 The application was
coordinated by the Personal Communications Industry Association (PCIA).4 Because the waiver request
indicated that the application was intended to relicense facilities formerly authorized under Call Sign
WPPE870-the technical parameters of which did not match the application-Commission staff returned
the application on May 18, 2005 for clarification of why H&B purported to seek reinstatement of an old
license.5 On May 27, 2005, PCIA responded that the waiver request intended to reference Call Sign
WPPE708, and stated, "It is our understanding that reinstatement and late renewal are one in the same
thing.. Either action is acceptable to US.,,6
3. On December 11, 2006, the Wireless Telecommunications Bureau, Mobility Division
1 See Letter dated Jan. 3, 2007 from Andre Cote, Senior Vice President, Enterprise Wireless Alliance, to Scot Stone,
Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, Federal Communications Commission
(EWA Letter).
2 See Wireless Telecommunications Bureau Freezes Applications in the 900 MHz Band, Public Notice, 19 FCC
18277 (WTB 2004); see also Amendment of Part 90 of the Commission's Rules to Provide for Flexible Use of the
896-901 MHz and 935-940 MHz Bands Allotted to the Business and Industrial Land Transportation Pools, Notice of
Proposed Rulemaking and Memorandum Opinion and Order, WT Docket No. 05-62, 20 FCC Rcd 3814 (2005).
3 See FCC File No. 0002094603 (filed Mar. 21, 2005 and amended May 27,2005).
4 Frequency coordination number PC20050480006.
5 Return Letter Ref. No. 3509157 (May 18, 2005).
6 See Letter dated May 27, 2005 from Andrew Barbour, PCIA Coordination Services, to Federal Communications
Commission.
(Division) granted the request for waiver of the 900 MHz freeze: The Division concluded that the
underlying purpose of the 900 MHz freeze would not be frustrated because H&B only sought a license for
the facilities it operated prior to the institution of the freeze, and that grant of a waiver was in the public
interest.8 The application was granted under Call Sign WQGD364 on December 15,2006.
4. On January 3, 2007, EW A asked the Division to revise its licensing action by deleting
frequency 939.2375 MHz from Location 1, deleting Locations 2 and 3, and deleting frequency 900.2375
MHz from Locations 4 and 5.9 EW A contended that such action was appropriate because the referenced
locations and frequencies did not comply with Section 90.621 of the Commission's Rules.lo On January
25, 2007, H&B responded that no such action was appropriate because the Division already had
determined that grant of the application was in the public interest, and the licensing landscape had not
changed since the license for Call Sign WPPE708 terminated.11
5. Discussion. Section 90.621(b) of the Commission's Rules states that co-channel stations
in the 900 MHz band must be separated by at least seventy miles unless the prior licensee concurs or the
applicant provides an analysis demonstrating that the proposed station meets certain transmitter power
and antenna criteria for short spacing.12 Our engineering analysis confirms that H&B's application did
not satisfy these technical criteria. EW A states that its research "found no documentation that the above
referenced licensee obtained necessary letters of consent from incumbent licensees, nor did EW A locate a
waiver of the 900 MHz short spacing table.,,13
6. Contrary to PCIA's understanding, there is a difference between an application for a new
license to replace an expired license, and an application to renew an expired license out of time.14 A
renewal application does not require frequency coordination, while an application for a new frequency
assignment generally does.15 Moreover, an application to renew an expired license out of time must
request a waiver of Section 1.94916 of the Commission's Rules.17 H&B filed an application for a new
station, rather than a renewal application. The application set forth evidence of frequency coordination,
and did not request a waiver of Section 1.949 to permit late renewal. Thus, it is evident that the
application was for a new license to replace the expired license, rather than to renew the expired license
out of time. It appears, however, that PCIA did not in fact confirm that the facilities formerly authorized
under Call Sign WPPE708 could be licensed anew consistent with the requirements of Section 90.621.
7 Hall and Bartley, Order, 21 FCC Rcd 14348 (WTB MD 2006).
8 Id. at 14349 ~ 6.
9 See EW A Letter at 2.
10 Id. at 1 (citing 47 C.F.R. § 90.621).
II See Letter dated Jan. 25, 2007 from Alan S. Tilles, counsel for H&B, to Scot Stone, Deputy Chief, Mobility
Division, Wireless Telecommunications Bureau, Federal Communications Commission, at 2-3. H&B also asserted
that EW A should have sought additional information from H&B or PCIA prior to requesting Commission action.
Id. at 3.
12 See C.F.R. § 90.62l(b).
13 EWA Letter at 1.
14 See Disneyland Resort, Order, 21 FCC 536, 537 ~ 1 (WTB pscm 2006) (granting waiver of the 900 MHz freeze
to permit application for new license, but denying waiver of Section 1.949 to permit renewal of expired license).
15 See C.F.R. § 90.175.
16SeeC.F.R. § 1.949.
17 See Wireless Telecommunications Bureau Clarifies Private Land Mobile Radio License Renewal Only Process,
Public Notice, 18 FCC Rcd 11849, 11850 (WTB PSPWD 2003).
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7. We believe that Section 316(a)(I) of the Communications Act of 1934, as amended,
provides the appropriate vehicle for resolving this matter. Section 316(a)(I) permits the Commission to
modify a station license if the action will promote public interest, convenience, and necessity. Based on
the circumstances presented, we believe that H&B's operation on the disputed frequencies is contrary to
the public interest, because it does not afford co-channel licensees the protection to which they are
entitled, absent their consent. Thus, based on the record before us, we conclude that it is in the public
interest to modify H&B's license for Station WQGD364 by deleting frequency 939.2375 MHz from
Location 1; deleting Locations 2 and 3; and deleting frequency 900.2375 MHz from Locations 4 and 5.
We believe that the proposed modification will not unduly disrupt H&B's operations, because the
predicted service contours of the locations to be deleted largely overlap the predicted service contour of
Location 1 within the area in which H&B's mobile units are authorized to operate.
8. In accordance with Section 1.87(a) of the Commission's Rules,18 we will not issue a
modification order until H&B has received notice of our proposed action and has had an opportunity to
file a protest. To protest the modification, H&B must, within thirty days of the release date of this Order
Proposing Modification, submit a written statement with sufficient evidence to show that the modification
would not be in the public interest. The protest must be mailed to the Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., Washington, DC 20554, Attn: Mel Spann.19 If
no protest is filed, H&B will have waived its right to protest the modification and will be deemed to have
consented to the modification.
9. Conclusion and Ordering Clauses. For the reasons stated above, we propose to modify
H&B's license for Station WQGD364 by deleting frequency 939.2375 MHz from Location I; deleting
Locations 2 and 3; and deleting frequency 900.2375 MHz from Locations 4 and 5.
10. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act
of 1934, as amended, 47 V.S.C. § l54(i), and Section 1.41 of Commission's Rules, 47 C.F.R. § 1.41, the
informal request submitted by the Enterprise Wireless Alliance on January 3,2007 IS GRANTED to the
extent indicated above.
11. IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of the Communications Act of
1934, as amended, 47 V.S.C. §§ 154(i), 316, and Section 1.87 of Commission's Rules, 47 C.F.R. § 1.87,
that the license of Hall and Bartley for Business, Trunked Station WQGD364 BE MODIFIED by deleting
frequency 939.2375 MHz from Location 1; deleting Locations 2 and 3; and deleting frequency 900.2375
MHz from Locations 4 and 5.
12. IT IS FURTHER ORDERED that this Order Proposing Modification SHALL BE SENT
by certified mail, return receipt requested, to Hall and Bartley, Attn: Scott Bartley, 4701 Old Redwood
Highway, Santa Rosa, California 95401 and to Shulman Rogers Gandal Pordy & Ecker, P.A., 11921
Rockville Pike, 3rd Floor, Rockville, Maryland 20852-2743.
1847 C.F.R. § 1.87(a).
19 The address for FCC locations should be used only for documents filed by United States Postal Service flTst-
class mail, Express Mail, and Priority Mail. Hand-delivered or messenger-delivered documents for the
Commission's Secretary are accepted only at our new location at 236 Massachusetts Avenue, N .E., Suite 110,
Washington, D.C. 20002. Other messenger-delivered documents, including documents sent by overnight mail
(other than United States Postal Service, Express Mail, and Priority Mail) should be addressed for delivery to 9300
East Hampton Drive, Capitol Heights, MD 20743. See FCC Announces a New Filing Location for Paper
Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001).
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DA 07-2816Federal Commuuications Commission
13. 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 COMMUNICA nON COMMISSION
~;A,/'
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau
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