526 to bias modulation valve ring 526 axially away from non orbiting scroll 470 third axial force f 33 may be greater than first axial force f 11 even when second radial surface area a 22 is less than first radial surface area a 11 since modulation control chamber 574 operates at a higher pressure than axial biasing chamber 580 during the second mode p i3 gt p i2 modulation control chamber 574 may operate at the same pressure as axial biasing chamber 580 and therefore a 22 may be greater than a 11 therefore modulation valve ring 526 may be in the second position during operation of modulation control valve assembly 532 in the second mode the second position may include valve portion 542 of modulation valve ring 526 being displaced from end plate 484 and opening first and second modulation ports 512 514 modulation valve ring 526 may abut retaining ring 530 when in the second position modulation valve ring 526 and modulation lift ring 528 may be forced in the same axial direction during operation of modulation control valve assembly 532 in the second mode more specifically modulation valve ring 526 and modulation lift ring 528 may both be displaced axially away from end plate 484 protrusions 577 of modulation lift ring 528 may abut modulation valve ring 526 and first and second modulation ports 512 514 may be in fluid communication with suction pressure region 506 via radial flow passages 578 when modulation valve ring 526 is in the second position an alternate capacity modulation assembly 828 is illustrated in fig9 and 10.