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



In the Matter of 

YELLOW CAB COMPANY, INC.

Petition for Reconsideration of Dismissal of
Applications to Modify Licenses in the 800 MHz 
Industrial/Land Transportation Radio Service
    
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FCC File Nos. D099426, D099427




                    ORDER ON RECONSIDERATION

   Adopted:  January 27, 2000           Released:  January 31, 2000

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

1.     Introduction.   On May 8, 1998, Yellow Cab Company, Inc. (Yellow Cab) filed two petitions
with the Public Safety and Private Wireless Division (Division) requesting reconsideration of the action by
the Licensing and Technical Analysis Branch (Branch) dismissing Yellow Cab's applications to modify its
licenses for Stations WGPH481 and WNQL507.  For the reasons discussed herein, we deny the petitions
for reconsideration. 
2.     Background.   On December 23, 1997, Yellow Cab submitted two applications to notify the
Commission of modifications to its licenses for 800 MHz Conventional Industrial/Land Transportation
Radio Service Stations WPGH481, Washington D.C., and WNQL507, Baltimore, MD.  For Station
WPGH481, Yellow Cab submitted an application to notify the Commission that it was adding a second
transmitter site on frequency 851.1357 MHz at Savage, MD.  For Station WNQL507, Yellow Cab
submitted an application to notify the Commission that it relocated frequency 851.7875 MHz from
Baltimore, MD to Towson, MD.  Yellow Cab provided engineering statement with the applications
demonstrating that the new sites were entirely within the respective stations' existing 22 dBu contours.
Yellow Cab did not submit evidence of frequency coordination with either application.  On April 8, 1998,
the Branch dismissed both applications for failure to comply with the frequency coordination requirements
set forth in Section 90.175 of the Commission's Rules.           
3.     Discussion.  Yellow Cab argues that the applications did not require frequency coordination and
were correctly filed pursuant to Section 90.693 of the Commission's Rules.  Section 90.693(b) provides,
in pertinent part, that incumbent 800 MHz licensees who obtained licenses or filed applications on or before
December 15, 1995, may add or modify transmitter sites within their original 22 dBu contour without prior
notification to the Commission, provided that (i) the original 22 dBu contour is not expanded and the station
complies with the Commission's short-spacing rules, and (ii) the licensee notifies the Commission within
thirty days of the completion of any changes by filing a modification application.  The rule states that such
applications must be submitted on the correct form and include the appropriate filing fee, if any, but are not
subject to public notice or petition to deny requirements or mutually exclusive applications. 
4.     We agree that Section 90.693(b) applies in the instant case, and that Yellow Cab is permitted to
make minor modifications without prior approval of the Commission.  However, all applications to
modify private land mobile radio stations require evidence of frequency coordination.  Yellow Cab fails
to provide any support for its assertion that Section 90.693 eliminates the requirement of frequency
coordination,  and Section 90.693 does not contain any such language.  Furthermore, Section 90.175
provides a list of the type of applications that do not require evidence of frequency coordination and, the list
does not include modification applications submitted pursuant to Section 90.693.  Therefore, Yellow
Cab's subject modification applications, which lacked evidence of frequency coordination when submitted,
were defective and, thus, were properly dismissed by the Branch.
5.     Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 309, and 405 of the
Communications Act, as amended, 47 U.S.C.  154(i), 309, 405, and Section 1.106 of the Commission's
Rules, 47 U.S.C.  1.106, the petitions for reconsideration filed by the Yellow Cab Company, Inc. on May
8, 1998, are DENIED.


6.     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