FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,076
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frequencies.' Consequently, Comtronics and DCC are equally entitled to use the frequency, and this
constitutes no basis for denying Comtronics's modification application.!
4. DCC also argues that the frequency loading exceeds the limit of ninety units9 without DCC's
consent, and that DCC also did not consent to the proposed change in station class code.' We note that
Comtronics now proposes to modify the license to reflect only seventy-one mobile units, which would
bring the total loading to ninety units. Moreover, we agree with Comtronics that, because neither licensee
utilizes centralized trunking, DCC's consent to the proposed change in station class code is not required."
We therefore deny DCC's petition, and will process Comtronics's modification application accordingly.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), and Section 1.41 of the Commission's Rules, 47 C.F.R. 1.41, the
Petition to Deny filed on February 4, 2011 by DCC Engineering, IS DENIED, and application FCC File
No. 0004595911 SHALL BE PROCESSED in accordance with this Order and the Commission's Rules.
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 COMMUNICATION COMMISSION
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau
7 See 47 C.F.R. 90.173(b).
8 See. e.g., Ted S. Henry, Letter, 22 FCC Rcd 662, 663 (WTB MD 2007). DCC also states that Comtronics operates
with more power than its license authorizes. If DCC has evidence that Comtronics is operating in an unauthorized
manner, it should bring the information to the attention of the Commission's Enforcement Bureau.
9 47 C.F.R. 90.313(a)(2).
1o See Petition at 1.
' See Opposition at 1; see also 47 C.F.R. 90.313(b).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/248/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.