Federal Communications Commission Washington, D.C. 20554 January 14, 2008 DA 08-88 Pappammal Kurian President, Spectrum Wireless LLC 3475 W. Lake Mead Blvd, Suite 105 N. Las Vegas, NV 89032 Re: Request for modification of Sam Gardali Station WQEJ993, Fresno, California Dear Ms. Kurian: This letter addresses your request for the initiation of modification proceedings with respect to Station WQEJ993, Fresno, California, licensed to Sam Gardali (Gardali).1 Specifically, you request the deletion of frequencies 452.2625 MHz and 452.7375 MHz, on the grounds that Gardali’s license for Station WQEJ993 was granted after the co-channel license of Spectrum Wireless LLC for Station WQEH403 at the same location.2 While Station WQEH403 was authorized before Station WQEJ993,3 we note that the license for Station WQEH403 is a special temporary authority (STA), rather than a permanent authorization.4 As stated on the face of the license, STAs are granted on a secondary, non-interference basis.5 Consequently, the application for Station WQEJ993 was not required to protect Station WQEH403, and your request sets forth no basis for modifying Gardali’s license. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.41 of the Commission's Rules, 47 C.F.R. § 1.41, that the request filed by Spectrum Wireless LLC on June 14, 2007 for modification of the license for Station WQEJ993 IS DENIED. 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 Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 1 Letter from Pappammal Kurian, President, Spectrum Wireless LLC to Secretary, Federal Communications Commission (filed June 14, 2007). 2 Id. at 1. 3 The license for WQEH403 was granted on January 25, 2006. See FCC File No. 0002457387 (filed Jan. 24, 2006). The license for Station WQEJ993 was granted February 16, 2006. See FCC File No. 0002473225 (filed Feb. 6, 2006). 4 See license for Station WQEH403. 5 Id.; see also 47 C.F.R. § 1.931(b).