******************************************************** 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 ) ) CHAMPION COMMUNICATIONS ) SERVICES, INC. ) ) Modification of the License for Business Radio ) Service Station KNQ284, Fremont, California ) ORDER Adopted: January 2, 2001 Released: January 3, 2001 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. Introduction. In this Order, we modify the license for Business Radio Service Station KNQ284, Fremont, California, licensed to Champion Communications Services, Inc. ("Champion"). Specifically, we reduce the authorized loading for Station KNQ284 from ninety to seventy-three mobile units at its Big Rock site. As explained below, we take this action in order to permit the reinstatement of a license on the same frequency pair to another entity, Sagara Farms, Inc. ("Sagara Farms"). 2. Background. On January 21, 1993, Sagara Farms received authorization to operate Special Industrial Radio Service Station WAC900, Esparto, California, with up to seventeen mobile units on frequency pair 489.4875/492.4875 MHz. On February 9, 1998, we granted an application (FCC File No. 9712D098769) for consent to the assignment of the license for Station WAC900 from Sagara Farms to Champion. The application was purportedly signed on behalf of Sagara Farms by an individual named "Dale Sagara." Subsequently, Champion acquired the right to operate the other seventy-three mobiles available on this frequency giving it exclusive use of the channel. 3. An investigation by the Commission's Enforcement Bureau reveals, however, that while Dale Sagara has a familial relationship with the principals of Sagara Farms, he was, at the time the application was filed, neither a principal of Sagara Farms nor authorized to sign the assignment application on behalf of Sagara Farms. Consequently, on July 20, 2000, we concluded that we should modify Champion's license for Station Station KNQ284 from ninety to seventy-three mobile units at its Big Rock site, and reinstate Sagara Farms's license for Station WAC900. In accordance with Section 1.87(a) of the Commission's Rules, we notified Champion of the proposed action and its opportunity to interpose a protest. 4. Discussion. Although Champion maintains that it acted at all times in a good faith belief that Dale Sagara had the authority to sign the assignment application on behalf of Sagara Farms, Champion concedes that the application was defective when filed and improperly granted. Indeed, Champion has represented that it would be in the public interest to modify its license as necessary to reinstate the Sagara Farms license. We nonetheless note that Champion did not file a response or protest in response to our notification of the proposed modification. Based on the record in this proceeding, we find that Champion has consented to the proposed modification. We therefore modify Champion's license for Station KNQ284 by reducing its authorized loading at its Big Rock site from ninety mobile units to seventy-three. 5. ACCORDINGLY, IT IS ORDERED 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 the Commission's Rules, 47 C.F.R.  1.87, that the license for Station KNQ284 IS MODIFIED, effective thirty days from the release of this Order, to reduce the authorized loading for the Big Rock site from ninety to seventy-three mobile units. 6. It is FURTHER ORDERED THAT this Order shall be sent by certified mail, return reciept requested, to Champion Communications Services, Inc., 1610 Woodstead Court, Suite 330, The Woodlands, TX 77380 and to Sagara Farms, Inc., P.O. Box 425, Esparto, CA 95627. 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 COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau