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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 ) ) GIANT INDUSTRIES ) File No. 9806-C003716 ) Authorization for Private Land Mobile Radio) Industrial/Business Pool Station WPMJ750) Mancos, Colorado ) ORDER OF MODIFICATION Adopted: September 30, 1999 Released: October 1, 1999 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: 1. On August 14, 1998, the Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, granted Giant Industries' application for authority to transmit on frequency 452.050 MHz in Mancos, Colorado, with an effective radiated power (ERP) of 58 watts and a height above average terrain (HAAT) of 494 meters. The application for this station did not include a claim of "special circumstances" or a justification for a service area radius greater than 32 km (20 mi.) as these terms are described in Section 90.205(g) of the Commission's Rules. 2. Absent a showing of special circumstances or a justification for a service area radius greater than 32 km, the maximum allowable ERP is 32 watts for a station operating in the 450-470 MHz band with an HAAT of 494 meters. The authorized ERP for this station currently exceeds the maximum ERP allowed for stations in the 450-470 MHz band. Section 90.205(g) of the Commission's Rules provides that the maximum allowable station ERP is dependent upon the station's antenna HAAT and the applicant's required service area. Therefore, we have determined that modification of this license for the duration of the term thereof will promote the public interest, convenience, and necessity. 3. Consequently, we are notifying you that effective November 2, 1999, you may no longer operate Station WPMJ750 at an ERP level of 58 watts. Consistent with Section 90.205(g) of the Commission's Rules the maximum ERP for Station WPMJ750, which you may begin using immediately, will be 32 watts. As set forth below, you have an opportunity to protest this action. 4. In accordance with Section 316 of the Communications Act of 1934, as amended (the Act), and Section 1.87 of the Commission's Rules, this Order of Modification will become final without further Commission action unless you file a protest on or before November 1, 1999. Section 316 of the Act and Section 1.87(a) of the Commission's Rules generally provide for a thirty-day period to protest a license modification but the Commission may impose a shorter period of time where safety of life or property is involved. In this case, it appears that issues concerning the safety of life or property are not involved; thus, we are providing you with thirty days notice of our action to modify the license for Station WPMJ750 to reduce the ERP from 58 watts to 32 watts in accordance with Section 90.205(g). 5. You may protest this modification of your license if, within thirty days of the release of this Order of Modification, you submit a written statement with sufficient evidence to show that the proposed modification would not be in the public interest. Your protest must be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, S.W., Washington, D.C. 20554. Additionally, your protest shall be subject to the requirements of Section 309 of the Act for petitions to deny. If you do not file a protest within thirty days of the release date of this Order of Modification, your right to file a protest will be deemed waived and you will be deemed to have consented to this modification, unless good cause for an extension of time to file a protest is shown in a petition filed not later than October 27, 1999. 6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 316 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 316, and Sections 0.331 and 1.87 of the Commission's Rules, 47 C.F.R.  0.331, 1.87, that the instant Order of Modification shall become effective and final on November 2, 1999, if Giant Industries does not protest the Order of Modification. 7. IT IS FURTHER ORDERED pursuant to section 4(i) Communications Act of 1934, as amended, 47 U.S.C.  154(i), and Section 1.87(i) of the Commission's Rules, 47 C.F.R.  1.87(i) that the instant Order of Modification shall be served by certified mail, return receipt requested upon Giant Industries at the licensee's address of record. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau