Federal Communications Commission DA 08-90
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
JACK IN THE BOX, INC.
Licensee of Industrial/Business Pool (IG) Stations 
WPTC451, WPVM527, WPVS418, Bakersfield, 
California; WPVM591, Alameda, California; and
TACO BELL OF AMERICA, INC.
Licensee of Industrial/Business Pool (IG) Station 
WPTX772, Bakersfield, California
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ORDER OF MODIFICATION
Adopted:  January 14, 2008 Released:  January 14, 2008
By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction. In this Order of Modification, we modify the authorizations of 
Industrial/Business Pool Stations WPTC451, WPVM527, WPVS418, Bakersfield, California, and 
WPVM591, Alameda, California, licensed to Jack in the Box, Inc. (Jack in the Box); and 
Industrial/Business Pool Station WPTX772, Bakersfield, California, licensed to Taco Bell of America, 
Inc. (Taco Bell) by deleting frequencies 457.5875 MHz and 457.6125 MHz.  As explained below, we take 
this action pursuant to an earlier order proposing to modify the licenses.1
2. Background. In 2005, Fresno Mobile Radio, Inc. (FMR), a licensed operator of UHF 
land mobile stations operating throughout the greater Fresno, California area, submitted to the 
Commission a letter arguing that a number of 450-470 MHz band private land mobile radio stations 
licensed to Jack in the Box and Taco Bell in Fresno County, California had been improperly coordinated 
and licensed.2 FMR stated that it has been incurring harmful interference from these stations, and that the 
manner in which the stations are licensed impedes the resolution of interference disputes among licensees.     
3.  In 2006, the Wireless Telecommunications Bureau’s Mobility Division (Division) 
directed the Personal Communications Industry Association (PCIA) to review its coordination of drive-
through restaurant operations for specific applicants, and indicate whether, in light of concerns raised by 
FMR, any of the licenses should be modified.3 On January 15, 2007, PCIA responded that “there are 
several fast food restaurants licensed on [frequencies 457.5875 MHz and 457.6125 MHz] that may 
require re-evaluation” because their 21 dBu contours overlap the 39 dBu contours of centralized trunked 
  
1 Jack in the Box, Inc., and Taco Bell of America, Inc., Order Proposing Modification, 22 FCC Rcd 12737 (WTB 
MD 2007) (Order Proposing Modification).
2 See Letter dated Apr. 29, 2005 from Robert Schwaninger, Jr., counsel for Fresno Mobile Radio, Inc., to Catherine 
W. Seidel, Acting Chief, Wireless Telecommunications Bureau; Ed Thomas, Chief, Office of Engineering and 
Technology; and David Solomon, Chief, Enforcement Bureau.  
3 See Letter dated Dec. 12, 2006 from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications 
Bureau, to Don Andrew, Frequency Coordination Department, Personal Communications Industry Association.
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systems licensed to FMR.4  On March 2, 2007, the Division directed PCIA to provide a revised analysis of 
the best available frequency configuration for the application submitted by Jack in the Box and Taco 
Bell.5 On March 28, 2007, PCIA responded that it had discussed deleting frequencies 457.5875 MHz and 
457.6125 MHz from the above-captioned licenses with the licensees’ contact representatives, who 
concurred in the recommendation.6  Consequently, we proposed to modify the licenses of Jack in the Box
for Stations WPTC451, WPVM527, WPVS418, Bakersfield, California, and WPVM591, Alameda, 
California; and the license of Taco Bell for Station WPTX772, Bakersfield, California, by deleting 
frequencies 457.5875 MHz and 457.6125 MHz.7
4. Discussion.  The Order Proposing Modification was released on July 9, 2007.  Jack in the 
Box and Taco Bell did not protest the proposed modification of their respective licenses within the 
requisite thirty-day time frame.8 Accordingly, Jack in the Box and Taco Bell are deemed to have 
consented to the proposed modifications.9 Based on the record before us, we conclude that it is in the 
public interest to modify Jack in the Box’s licenses for Stations WPTC451, WPVM527, WPVS418, and 
WPVM591; and Taco Bell’s license for Station WPTX772, by deleting frequencies 457.5875 MHz and 
457.6125 MHz. 
5. 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 licenses for Industrial/Business Pool Stations WPTC451, 
WPVM527, WPVS418, and WPVM591 held by Jack in the Box, Inc., and the license for 
Industrial/Business Pool Station WPTX772 held by Taco Bell of America, Inc., BE MODIFIED by 
deleting frequencies 457.5875 MHz and 457.6125 MHz. 
6. IT IS FURTHER ORDERED that this Order of Modification SHALL BE SENT by 
certified mail, return receipt requested, to Jack in the Box, Inc., Attn:  Sheryl Kirkpatrick, 2113 Taft 
Highway, Bakersfield, California 93313; Jack in the Box, Inc., Attn:  Dustyi Richardson, 9330 Balboa, 
San Diego, California 92123; and Taco Bell of America, Inc., Attn:  Tammy Huges, P.O. Box 35520, 
2433 N. Chester, Bakersfield, California 93308.
  
4 See Letter dated Jan. 15, 2007 from Don Andrew, Manager, PCIA Frequency Coordination Services, to Melvin 
Spann, Federal Communications Commission, WTB, Mobility Division.  Section 90.187(b)(2)(v) of the 
Commission’s Rules states that “[a] new applicant whose interference contour overlaps the service contour of a 
trunked licensee will be assigned the same channel as the trunked licensee only if the trunked licensee consents in
writing and a copy of the written consent is submitted to the certified frequency coordinator responsible for 
coordination of the application.”  47 C.F.R. § 90.187(b)(2)(v). For UHF stations, the 39 dBu contour is the service 
contour, while the 21 dBu contour is the interference contour.  47 C.F.R. § 90.187(b)(2)(iii).
5 See Letter dated Mar. 2, 2007 from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications 
Bureau, to Don Andrew, Manager, PCIA Frequency Coordination Services, Personal Communications Industry 
Association.
6 See Letter dated Mar. 28, 2007 from Don Andrew, Manager, PCIA Frequency Coordination Services, to Melvin 
Spann, Federal Communications Commission, WTB, Mobility Division.
7 See Order Proposing Modification, 22 FCC Rcd at 12738 ¶ 5.  We noted that deleting the frequencies should not 
unduly disrupt the licensees’ operations, because the stations are authorized to operate on sufficient alternate 
frequencies.
8 See 47 C.F.R. § 1.87(g)(1).
9 See 47 C.F.R. § 1.87(h).
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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