Subject: [NEXTEL-1] In the Matter of RADIOLINK CORPORATION Licensee

From: "marcel_rf1" <[email-masked]>
Date: Thu, 04 Mar 2004 20:43:15 -0000

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of  RADIOLINK CORPORATION  Licensee of 
Industrial/Business Private Land Mobile Radio Station WPOX212, 
Litchfield Park, Arizona	) ) ) ) ) ) )		

MEMORANDUM OPINION AND ORDER

   Adopted: February 26, 2004	Released: March 4, 2004

By the Chief, Public Safety and Critical Infrastructure Division, 
Wireless Telecommunications Bureau:

I.	INTRODUCTION
On our own motion, we initiate a proceeding to modify the license of 
Radiolink Corporation (Radiolink) for Industrial/Business Pool 
Station WPOX212, Litchfield Park, Arizona, to delete frequencies 
157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz.  
II.	BACKGROUND
In 1995, the Commission adopted rules that, inter alia, allowed the 
use of VHF band (156-162 MHz) public coast (VPC) station frequencies 
by eligible private land mobile radio (PLMR) entities away from 
navigable waterways.  In 1997, the Commission proposed to adopt a 
geographic licensing approach for VPC spectrum, and suspended the 
acceptance and processing of applications, including applications for 
PLMR use.  In 1998, the Commission adopted a geographic licensing 
approach for VPC spectrum, and removed the rule allowing PLMR 
entities to use VPC spectrum.  Later in 1998, the Commission 
conducted the initial auction of VPC geographic licenses.  The 
licenses for the VPC areas encompassing the state of Arizona were 
granted to Warren C. Havens (Havens) on May 19, 1999.
On August 18, 1999, Radiolink was granted a license for PLMR Station 
WPOX212, with base stations in Litchfield Park and Crown King, 
Arizona.  Among the frequencies assigned for use for the control 
station for Station WPOX212, and by mobile units within forty 
kilometers of the Litchfield Park base station were frequencies 
157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz, 
which are VPC mobile frequencies. 
III.	DISCUSSION
Based on the information before us, we conclude that the Radiolink 
application should not have been granted to the extent that it 
requested VPC frequencies.  We believe that Section 316(a)(1) of the 
Communications Act of 1934, as amended, provides the appropriate 
vehicle for resolving this matter. Section 316(a) permits the 
Commission to modify a station license if the action will promote the 
public interest, convenience, and necessity.  In this connection, we 
note that a proposed modification under the circumstances presented 
would promote the public interest, convenience, and necessity because 
the subject channels were not available for assignment to Radiolink 
when the application was granted because they were previously 
assigned to Havens.  Further, we believe that such action would not 
unduly disrupt Radiolink's current operations, because other 
frequencies also are assigned to those locations of Station WPOX212.  
Thus, we believe that a modification of the Radiolink license to 
delete the subject frequencies without authorizing replacement 
frequencies is appropriate under the circumstances presented.  

Consequently, we propose to modify Radiolink's license for Station 
WPOX212 to remove the frequencies 157.225 MHz, 157.275 MHz, 157.325 
MHz, 157.375 MHz, and 157.400 MHz.  In accordance with Section 1.87
(a) of the Commission's Rules, we will not issue a modification order 
until Radiolink has received notice of our proposed action and has 
had an opportunity to file a protest.  To protest the modification, 
Radiolink must, within thirty days of the release date of this 
Memorandum Opinion and Order, submit a written statement with 
sufficient evidence to show that the modification would not be in the 
public interest.  The protest must be filed with the Office of the 
Secretary, Federal Communications Commission, 445 Twelfth Street, 
S.W., Room TW-A325, Washington, DC 20554.  If no protest is filed, 
Radiolink will have waived its right to protest the modification and 
will be deemed to have consented to the modification.

IV.	CONCLUSION
For the reasons stated above, we conclude that the grant of a license 
for Station WPOX212, Litchfield Park, Arizona, was defective to the 
extent that it included authorization to use VPC frequencies.  
Accordingly, we propose to modify Radiolink's license for Station 
WPOX212 to delete all operational authority for frequencies 157.225 
MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 157.400 MHz.  
V.	ORDERING CLAUSES
ACCORDINGLY, IT IS PROPOSED, pursuant to Sections 4(i) and 316(a) of 
the Communications Act of 1934, 47 U.S.C. §§ 154(i), 316, and Section 
1.87 of the Commission's Rules, 47 C.F.R. § 1.87, that the license 
for Private Land Mobile Radio Service Station WPOX212, Litchfield 
Park, Arizona, held by Radiolink Corporation BE MODIFIED by deleting 
frequencies 157.225 MHz, 157.275 MHz, 157.325 MHz, 157.375 MHz, and 
157.400 MHz.  

IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be 
sent by certified mail, return receipt requested, to Radiolink 
Corporation, P.O. Box 37825, Phoenix, AZ  85069 ATTN Randy L. Power.  

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

				D'wana R. Terry
					Chief, Public Safety and 
Critical Infrastructure Division
						Wireless 
Telecommunications Bureau

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-573A1.doc

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