Report No. WT-170 WIRELESS ACTION December 29, 1994 MOBILE COMMUNICATIONS SERVICE OF MIAMI, INC. DENIED REVIEW OF FREQUENCY ASSIGNMENT AND ITS CONVERSION TO TRUNKED USE The FCC has denied Mobile Communications Service of Miami, Inc. review of the grant of an application allowing Regional Communications, Inc. to take assignment of frequency 853.1875 MHz from Dale Walsh and convert the frequency to trunked use. In its petition, Mobile asked the Commission to set aside a grant of authority to Regional which allowed Regional to take assignment of a single channel conventional station and then to convert that channel to trunked use in an SMR system. Specifically, Mobile objected to the grant of authority to Regional to acquire station WNUX405 from Dale Walsh and incorporate the channel into a trunked SMR system under call sign WNVA721. Mobile and Regional both operate on 853.1875 MHz in Florida. Their base stations are approximately 52 miles apart and both licensees utilize this frequency in trunked SMR systems. Mobile argued that Dale Walsh had failed to timely construct his station and place it in operation and as a result, his license cancelled automatically. Mobile based this claim on the assertion that no end users were licensed by Walsh's construction/placed-in-operation deadline. Mobile also argued that because it operates a co-channel facility 52 miles from Regional's system, written consent by Mobile was required prior to trunking on this frequency. Finally, Mobile argued that Regional's technical showing was inadequate because confusion existed regarding the height of the building on which Regional's repeater was mounted. Regional had relied on erroneous tower height data in the Commission's database when filing its application. The Commission, by Report and Order adopted October 24, 1991, amended its rules to clarify that end users are required to be operating as of the construction date for conventional trunked SMR systems. At that time, the Commission directed that enforcement of these provisions begin with systems having construction dates falling on or after the effective date of the order, January 21, 1992. Because the Walsh construction deadline was August 13, 1991, his system predates the start of the enforcement of the revised end user requirements. (over) -2- The Commission rule regarding conversion of conventional stations to trunked use states that each application must include a written signed statement from each co-channel licensee located within 70 miles of the primary site of the trunked system verifying that each such licensee has agreed to the proposed trunked use. The statement should include each licensee's call sing. This requirement is, however, qualified by a parenthetical in the rule. The rules for allowing trunked use of General Category frequencies requires the written consent of all co-channel licensees within a protected zone. This zone is general 70 miles unless a demonstration is made that the area of operation, terrain, or other factors warrant a different zone of protection. While the size of this zone has recently been changed, the policy remains unchanged the Commission said. In this case, the spacing between Regional and Mobile, while less than 70 miles, provides for the zone of protection described in the rules. Regional demonstrated that 40 dBu/30 dBu protection exists in this case, and the frequency coordinator so certified. Mobile has not contested the grant on the basis that 40 dBu/30 dBu protection is not present. Also, Mobile and Regional, because they are separated by a 40 dBu/30 dBu predicted contour, were not considered to be sharing this frequency under the standards applicable at the time of license grant. Finally, with respect to Mobile contention that Regional's licensed antenna height was in error, the Commission stated that after being alerted to the possibility that the building height was in error, Regional reviewed the building plans with the building manager and discovered that the building is 358 feet tall. Regional applied for proper FAA clearance and to modify its license to reflect the appropriate height and reduced power limitation to maintain the same contours. The Licensing Division granted Regional's license modification on December 16, 1992. The Commission said that Mobile's arguments do not demonstrate that this inadvertent error that arose from faulty information in the Commission's database provides sufficient grounds to set aside Regional's license. Action by the Commission December 23, 1994, by Memorandum Opinion and Order (FCC 94-342). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Wireless Telecommunications Bureau contact: William H. Kellett at (717) 337-1311.