******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) FORD COMMUNICATIONS ) ) Petition for Partial Reconsideration Filed by ) Industrial Telecommunications Association, Inc. ) of Grant of Authorization for Station WPMT971, ) Edison Township, NJ ) ORDER ON RECONSIDERATION Adopted: January 3, 2000 Released: January 10, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. On January 11, 1999, the Industrial Telecommunications Association, Inc. (ITA), requested partial reconsideration of the December 23, 1998, action by the Public Safety and Private Wireless Division, Licensing and Technical Analysis Branch (Branch) granting the application of Ford Communications (Ford) to operate Station WPMT971. For the reasons set forth below, ITA's request is granted, and the license for Station WPMT971 will be modified to delete frequencies 477/480.050 MHz and 477/480.075 MHz. 2. On June 18, 1998, the County of Morris, New Jersey (Morris), a Public Safety Pool eligible, applied for a number of 470-512 MHz band General Access Pool frequencies, including frequencies 477/480.050 MHz and 477/480.075 MHz. On August 26, 1998, Ford, an Industrial/Business Pool eligible, applied for a number of 470-512 MHz band General Access Pool frequencies, including the same two channels. On October 28, 1998, the Branch granted the Morris application for Station WPMP739. On December 23, 1998, the Branch granted the Ford application for Station WPMT971. On January 11, 1999, ITA, a frequency coordinator for the Industrial/Business Pool, requested that the Branch review its grant of an authorization to Ford to use frequencies 477/480.050 MHz and 477/480.075 MHz. 3. ITA argues that granting those frequencies to Ford after they had been granted to Morris violated the Commission's Rules. We agree. In this regard, we note that Ford's base station is in Edison Township, New Jersey, while Morris is authorized to use frequency 477/480.050 MHz at Long Hill, New Jersey (which is 20.432 kilometers from Edison Township) and to use frequency 477/480.075 MHz at Randolph, New Jersey (which is 37.184 kilometers from Edison Township). The mileage separation for these frequencies between co-channel licensees in different service categories is 64 kilometers. Thus, once the frequencies were licensed to Morris, they were not available to Ford at the requested locations in the absence of a waiver. 4. Accordingly, IT IS ORDERED that, pursuant to the authority of Sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r), 332(a)(2), and Section 1.106 of the Commission's Rules, 47 C.F.R.  1.106, the petition for reconsideration filed by the Industrial Telecommunications Association, Inc. on January 11, 1999, IS GRANTED, and the license for Station WPMT971 WILL BE MODIFIED to delete frequencies 477/480.050 MHz and 477/480.075 MHz. 5. 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 Private Wireless Division Wireless Telecommunications Bureau