Federal Communications Commission DA 07-815
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LONG BEACH UNIFIED SCHOOL DISTRICT
Licensee of Industrial/Business Private Land
Mobile Radio Station WNIT941
and
FCI 900, INC.
Licensee of Industrial/Business Private Land 
Mobile Radio Stations WPKX764 and WPSL997,
Nob Hill, California
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ORDER OF MODIFICATION
Adopted: February 22, 2007 Released:  February 23, 2007
By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction.  In this Order of Modification, we modify the authorizations of 
Industrial/Business Private Land Mobile Radio Stations WPKX764 and WPSL997, licensed to FCI 900, 
Inc. (FCI 900), by deleting frequency pair 935/896.225 MHz.  As explained below, we take this action 
pursuant to an earlier order by the Wireless Telecommunications Bureau’s Public Safety and Critical 
Infrastructure Division (Division)1 proposing to modify FCI 900’s licenses.2
2. Background.  Under the Commission’s Rules, co-channel stations in the 935-940 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.3 Long Beach Unified School District (Long Beach) has been authorized to 
operate conventional Industrial/Business Station WNIT941 at Signal Hill, California on frequency pair 
935/896.225 MHz since at least 1987.  Stations WPKX764 and WPSL997 were authorized to operate at 
Nob Hill, California on, inter alia, the same frequency pair on September 11, 1997, and June 18, 2001, 
respectively.4  Although the Signal Hill and Nob Hill sites are approximately sixty-six miles apart, the 
applicants for Stations WPKX764 and WPSL997 did not obtain Long Beach’s concurrence or submit a 
  
1 Pursuant to a reorganization effective September 25, 2006, certain duties of the Public Safety and Critical 
Infrastructure Division were assumed by the Mobility Division.  See Establishment of the Public Safety and 
Homeland Security Bureau, Order, 21 FCC Rcd 10867 (2006).
2 See Long Beach Unified School District, Order Proposing Modification, 21 FCC Rcd 6358 (WTB PSCID 2006) 
(Order Proposing Modification).
3 See 47 C.F.R. § 90.621(b).
4 See FCC File Nos. D0653989, 0000414489.  Station WPKX764 initially was licensed to Radiowave 
Communications (Radiowave), and Station WPSL997 initially was licensed to RF Pocketcomm.  In 2005, 
Radiowave and RF Pocketcomm filed applications to assign the licenses to FCI 900.  See FCC File Nos. 
0002352370, 0002349509.  The Division consented to the assignments in 2005, and the assignments were 
consummated in early 2006.  See FCC File Nos. 0002452244, 0002481738.
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short-spacing analysis.  
3. On August 21, 2003, Long Beach requested that the Commission rescind the license 
grant for Station WPSL997, on the grounds that the station violates the co-channel separation 
requirements.5  On April 6, 2005, the Division sent a letter to the Personal Communications Industry 
Association (PCIA), which coordinated the applications for Stations WPKX764 and WPSL997, regarding 
Long Beach’s request.6  On May 3, 2005, PCIA recommended modifying the license for Station 
WPSL997 by deleting frequency pair 935/896.225 MHz, because there were no assignable replacement 
frequencies available, and attempts to short-space pursuant Section 90.621 of the Commission’s Rules7
were not successful.8  Consequently, the Division proposed to modify the licenses for Stations WPKX764 
and WPSL997 to delete frequency pair 935/896.225 MHz.9
4. Discussion.  The Order Proposing Modification was released on June 5, 2006.  FCI 900
did not protest the proposed modification of its licenses within the requisite thirty-day time frame.10  
Accordingly, FCI 900 is deemed to have consented to the proposed modification.11 Based on the record 
before us, we conclude that it is in the pubic interest to modify FCI 900’s licenses for Stations WPKX764 
and WPSL997 by deleting frequency pair 935/896.225 MHz.12
5. Ordering Clauses.  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 
Commission’s Rules, 47 C.F.R. § 1.87, that the licenses for Industrial/Business Private Land Mobile 
Radio Stations WPKX764 and WPSL997, Nob Hill, California, BE MODIFIED by removing frequency
pair 935/896.225 MHz.
6. IT IS FURTHER ORDERED that this Order of Modification SHALL BE SENT by 
certified mail, return receipt requested, to FCI 900, Inc., 2001 Edmund Halley Dr., Reston, VA  20191, 
Attn:  Robin J. Cohen.
  
5 See Letter dated August 19, 2003 from Frederick J. Day, counsel for Long Beach Unified School District to Mary 
M. Shultz, Chief, Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division at 1-2.
6 See Letter dated April 6, 2005 from Michael J. Wilhelm, Chief, Public Safety and Critical Infrastructure Division, 
Wireless Telecommunications Bureau to Don Andrew, Personal Communications Industry Association, Frequency 
Coordination Department.
7 47 C.F.R. §90.621(d). 
8 See Letter dated May 3, 2005 from Don Andrew, Manager, PCIA Frequency Coordination Services to Melvin 
Spann and Tracy Simmons, Federal Communications Commission at 2.
9 See Order Proposing Modification, 21 FCC Rcd at 6360 ¶ 9.
10 See 47 C.F.R. § 1.87(g)(1).
11 See 47 C.F.R. § 1.87(h).
12 The Division concluded that the proposed modification would not unduly disrupt FCI 900’s operations, because 
operations could continue on the other frequency pairs authorized to the stations.  See Order Proposing 
Modification, 21 FCC Rcd at 6360 ¶ 8.  Subsequently, FCI 900 reported that the stations were inoperative, and 
requested a waiver of Section 90.157 of the Commission’s Rules, 47 C.F.R. § 90.157, to avoid automatic
cancellation of the licenses.  The Mobility Division granted the waiver request on January 26, 2007.  See Letter 
dated January 26, 2007 from Terry L. Fishel, Associate Chief, Mobility Division, Wireless Telecommunications 
Bureau to Robert H. McNamara, Director, Spectrum Management, Sprint Nextel Corporation.
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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