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                                            Federal Communications Commission                                         DA 01-521

pair 483.4625/486.4625 MHz.  On November 26, 1997, we granted an application for consent to the assignment of the license for Station WNBF444 from Tufco to JRJ Paving, Inc. (“JRJ Paving”).1  The application was purportedly signed on behalf of Tufco by an individual named “Renee D. Granos” who was identified in the application as a Vice President of Tufco.2  Some eight months later, on July 20, 1998, we granted another application for assignment of the Station WNBF444 license from JRJ Paving to Comtex.3  We also granted a request by Comtex, licensee of Private Land Mobile Radio Service (PLMRS) Station WPKR712, with an authorized loading of fifty-five mobile units, to cancel the Station WNBF444 call sign and combine the loading from the two licenses under the single call sign of Station WPKR712.4  Both facilities operated on the same frequency pair.  With a total loading of ninety mobile units, Comtex obtained exclusive use of the 483.4625/486.4625 MHz frequency pair in the Red Oak, Texas, area.5


An investigation by the Commission’s Enforcement Bureau revealed, however, that Tufco never authorized the filing of an application to assign its license.  The investigation also revealed that there has never been a “Rene D. Granos” associated with Tufco and that Tufco has continuously operated on the frequency pair.6  Consequently, on June 28, 2000, we concluded that we should modify Comtex’s license for Station WPKR712 from ninety to fifty-five mobile units at its Red Oak site, and reinstate Tufco’s license for Station WNBF444.7  In accordance with Section 1.87(a) of the Commission’s Rules,8 we notified Comtex of the proposed action and its opportunity to interpose a protest.


On July 12, 2000, Comtex filed a petition for reconsideration in which it “requests only limited reconsideration of the Bureau’s Order.”9  Specifically, Comtex states that the Order did not take into consideration that the license for Station WPKR712 includes two trunked channels in addition to the channel at issue, and it is concerned that the mobile count will be incorrectly reduced on all three channels.10  Comtex thus requests that the Bureau issue a separate license for an Industrial/Business-Conventional station on 483.4625/486.4625 MHz, authorized for fifty-five mobile units, and issue a modified license for Station WPKR712, deleting 483.4625/486.4625 MHz and retaining authority to

1 See FCC File No. 9707D085896.

2 Declaration of Benny L. Atkins, Operations Manager, Tufco Ready Mix, Inc. dated November 23, 1998, filed as an attachment to Opposition to Petition for Reconsideration filed by Tufco on November 25, 1998 (Atkins Declaration).

3 See FCC File No. A021112.

4 Id.

5 See 47 C.F.R. § 90.313.

6  See Atkins Declaration, pp. 1-2.

7 Comtex Communications, Inc., Order, 15 FCC Rcd 11730 (WTB PSPWD 2000).

8 47 C.F.R. § 1.87(a).

9 Comtex Communications, Inc. Petition for Reconsideration, filed July 12, 2000 (Petition).

10 Id. at 2.  The two additional frequency pairs are 484.8625/487.8625 MHz and 484.8875/487.8875 MHz.

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