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                                            Federal Communications Commission                                         DA 01-521

operate ninety mobile units in a trunked mode on 484.8625/487.8625 MHz and 484.8875/487.8875 MHz.11

5.

Discussion.  Although the Petition primarily addresses Comtex’s desire to maintain its authorization to use ninety mobile units on 484.8625/487.8625 MHz and 484.8875/487.8875 MHz, it also supports the notion that Tufco’s license should be reinstated;12 and, as a result, it does not protest the proposed modification of Comtex’s authorization for operations on 483.4625/486.4625 MHz.  Based on the record in this proceeding, we find that Comtex has consented to the proposed modification.13  Our intention was to reduce Comtex’s mobile count to fifty-five only for the frequency pair 483.4625/486.4625 MHz.  We will, therefore, adopt Comtex’s suggestion and issue Comtex a new license for an Industrial/Business-Conventional station on 483.4625/486.4625 MHz, authorized for fifty-five mobile units.  In addition, we will modify Comtex’s license for Station WPKR712 accordingly, by deleting the frequency pair 483.4625/486.4625 MHz at the Red Oak site.  Comtex’s authorization to operate on 484.8625/487.8625 MHz and 484.8875/487.8875 MHz will not be modified.

6.

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 WPKR712 IS MODIFIED, effective thirty days from the release of this Order, by deleting 483.4625/486.4625 MHz from the authorization.

7.

IT IS FURTHER ORDERED THAT the Petition for Reconsideration filed by Comtex Communications, Inc. on July 12, 2001 IS GRANTED, and The Licensing and Technical Analysis Branch shall issue Comtex a new authorization for an Industrial/Business-Conventional station at the Red Oak site on frequency pair 483.4625/486.4625 MHz, authorized for fifty-five mobile units.

8.

IT IS FURTHER ORDERED THAT pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), the license of Tufco Ready Mix, Inc. for Station WNBF444, Red Oak, Texas IS REINSTATED.  The Licensing and Technical Analysis Branch shall issue Tufco a new authorization for Station WNBF444 with technical parameters identical to Tufco’s previous authorization for that station.

9.

IT IS FURTHER ORDERED THAT this Order shall be sent by certified mail, return receipt requested, to counsel for Comtex, Dennis C. Brown, Esq., 126/B North Bedford Street, Arlington, Virginia 22201, and to counsel for Tufco, James J. Freeman, Esq., Kelley, Drye & Warren, LLP, 1200 19th Street, N.W., Suite 500, Washington, DC 20036.

10.

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

11 Petition at 2.

12 Id. at 3.

13 See 47 C.F.R. § 1.87(g)(1).

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