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Order Proposing to Modify Gronemeier Land Mobile Radio Licenses

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Released: October 1, 2012

Federal Communications Commission

DA 12-1567

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Licensee of Stations WPAX683, WPJQ444, )
WPKC396, WPLQ443, WPME992, WPML737, )
WPMR925, and WPPV766

Licensee of Station WIM692


Adopted: September 28, 2012

Released: October 1, 2012

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction. For the reasons set forth below, we propose to modify the above-captioned
private land mobile radio (PLMR) licenses of John H. Gronemeier and DeMinimis, LC (collectively,
Gronemeier). Specifically, we propose to modify the licenses to delete locations at Quimby Ridge in San
Jose, California.
2. Background. On June 6, 2011, the Commission received correspondence from Michael
Boesch and Kathleen Tirri (the Boesches) stating that they own the property at Quimby Ridge, and Mr.
Gronemeier had no legal right to operate PLMR stations at that location.1 On June 8, 2011, the Wireless
Telecommunications Bureau’s Mobility Division sent Gronemeier a letter inquiring about the
construction and operational status of the above-captioned stations and Gronemeier’s legal authority to
operate them at Quimby Ridge.2 Gronemeier replied on July 18, 2011 that the stations operated at
Quimby Ridge pursuant to a verbal agreement between Mr. Gronemeier and the Boesches’ deceased
parents.3 The response also stated that the Boesches had cut off the power to the site and prevented
Gronemeier from accessing it since February 2011, and seized the station equipment in March 2011. Mr.
Gronemeier stated that he was in negotiations with the Boesches, and would modify the licenses to
remove or relocate the Quimby Ridge sites if no agreement was reached. Subsequent attempts by
Commission staff to contact him to discuss the status of the licenses have been unsuccessful.
3. Discussion. Section 90.157(a) of the Commission’s Rules provides that a PLMR station
authorization cancels automatically upon discontinuance of operation for a period of one year or more.4
The information in the record indicates that the above-captioned stations have not operated at Quimby
Ridge for over a year.

1 Letter dated June 6, 2011 from Michael Boesch and Kathleen Tirri to Scot Stone, Deputy Chief, Mobility
Division, Wireless Telecommunications Bureau.
2 Letter dated June 8, 2011 from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau to John Gronemeier. Other licenses addressed in the June 8, 2011 letter have since expired.
3 Letter dated July 18, 2011 from John H. Gronemeier to Scot Stone, Deputy Chief, Mobility Division, Wireless
Telecommunications Bureau.
4 See 47 C.F.R. § 90.157(a); see also 47 C.F.R. § 1.955(a)(3).

Federal Communications Commission

DA 12-1567

4. We believe that Section 316(a)(1) of the Communications Act of 1934, as amended, provides
the appropriate vehicle for resolving this matter.5 Section 316(a) permits the Commission to modify a
station license if the action will promote the public interest, convenience, and necessity.6 We believe that
modification of the licenses to delete the Quimby Ridge locations is appropriate.
5. In accordance with Section 1.87(a) of the Commission's Rules,7 we will not issue a
modification order until Gronemeier has received notice of our proposed action and has had an
opportunity to file a protest. To protest the modifications, Gronemeier must, within thirty days of the
release date of this Order Proposing Modification, submit a written statement with sufficient evidence to
show that the modifications 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, D.C. 20554.8 If no protest is filed, Gronemeier will have waived his right to protest the
modifications and will be deemed to have consented to the modifications.
6. Conclusion. For the reasons stated above, we conclude that the Quimby Ridge facilities
should no longer be authorized under the above-captioned call signs. Accordingly, we propose to modify
these PLMR licenses by deleting the following locations: WIM692 – location 1, WPAX683 – location 1,
WPJQ444 – location 1, WPKC396 – location 1, WPLQ443 – location 1, WPME992 – location 1,
WPML737 – location 1, WPMR925 – location 1, and WPPV76 – location 1.
7. 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 licenses for Stations WIM692, WPAX683, WPJQ444, WPKC396, WPLQ443,
WPME992, WPML737, WPMR925, and WPPV766 BE MODIFIED as set forth in paragraph 6, supra.
8. IT IS FURTHER ORDERED that this Order Proposing Modification shall be sent by
certified mail, return receipt requested, to John H. Gronemeier, P.O. Box 24803, San Jose, CA 95154;
John H. Gronemeier, 1584 Branham Lane, #186, San Jose, CA 95118-2290; John H. Gronemeier, 4718
Meridian Ave., #186, San Jose, CA 95118-2327; John H. Gronemeier, P.O. Box 951, Mi Wuk Village,
CA 95346; and DeMinimis, LC, P.O. Box 951, Mi Wuk Village, CA 95346-0951, Attn: Comm
9. 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.
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau

5 47 U.S.C. § 316(a)(1).
6 Id.
7 47 C.F.R. § 1.87(a).
8 The address for FCC locations should be used only for documents filed by United States Postal Service first-class
mail, Express Mail, and Priority Mail, and hand-delivered or messenger-delivered documents. Documents sent by
commercial overnight mail (other than United States Postal Service, Express Mail, and Priority Mail) should be
addressed for delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743.

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