FCC Record, Volume 28, No. 16, Pages 12584 to 13565, August 22 - September 18, 2013 Page: 12,607
ix, 12584-13565 p. ; 28 cm.View a full description of this book.
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hold AMTS Block B geographic licenses in all of the AMTSAs not held by PSI, including AMTSA 6.6
PSI and the Havens entities have had numerous disputes before the Commission and in other forums. As
part of a comprehensive settlement of these matters, PSI filed an application to assign its AMTS
geographic licenses to VSL,7 and VSL and Skybridge filed applications to partition their licenses for
AMTS Stations WQCP8168 and WQJW6569 to assign AMTS Block B spectrum in southern California to
PSI. The assignments to PSI were consented to pursuant to the Commission's Immediate Approval
Procedures, while the assignment to VSL remains pending.
3. MC/LM holds AMTS Block A geographic licenses in AMTSAs 2, 4, 5, and 6." It filed a
petition seeking dismissal or denial of PSI's application and reconsideration of the consent to the
applications of VSL and Skybridge, arguing that PSI and the Havens entities have argued before the
Commission that the other lacks the character and fitness to be a Commission licensee, which disqualifies
them to hold the licensees they now seek to acquire.12 MC/LM argues that the proposed assignment
transactions should not be permitted to proceed until the Commission resolves the allegations raised in the
parties' pleadings in other proceedings.'3
4. Discussion. We conclude that MC/LM lacks standing to challenge the above-captioned
applications, and accordingly dismiss its petition. Section 1.939(d) of the Commission's Rules requires
that a petition to deny contain specific allegations of fact sufficient to make a primafacie showing that the
petitioner is a party in interest.14 To establish standing as a party in interest, a petitioner must allege facts
sufficient to demonstrate that grant of the subject application would cause it to suffer a direct injury.'5 In
addition, a petitioner must demonstrate a causal link between the claimed injury and the challenged
6 Specifically, they hold AMTS Block B geographic licenses in AMTSAs 1 (Northern Atlantic), 2 (Mid-Atlantic), 3
(Southern Atlantic), 4 (Mississippi River), 6, 7, 9 (Alaska), and 10 (Mountain). They also hold AMTS Block A
geographic licenses in AMTSAs 1, 3, 7, and 8.
See FCC File No. 0005733853.
s See FCC File No. 0005735474.
9 See FCC File No. 0005735519.
'o See 47 C.F.R. 1.948(j)(2).
" It also holds AMTS Block A site-based licenses in AMTSAs 1-7, and AMTS Block B site-based licenses in
AMTSAs 2, 3, 4, and 5. All of MC/LM's licenses are subject to a pending Commission proceeding to determine,
inter alia, whether MC/LM engaged in misrepresentation and/or lack of candor when it obtained its geographic
licenses, failed to construct and/or maintain in operation its site-based stations, and is qualified to be and remain a
Commission licensee. See Maritime Communications/Land Mobile. LLC, Order to Show Cause, Hearing
Designation Order, and Notice of Opportunity for Hearing, EB Docket No. 11-71, 26 FCC Rcd 6520, 6547 62
(2011). The allegations underlying the hearing proceeding were initially brought to the Commission's attention by
the Havens entities. See id. at 6525-26 13-18.
12 See Petition at 2-7.
13 See id at 3. MC/LM also states that the applications are procedurally in violation of the "greenmail" rule, 47
C.F.R. 1.935. See id at 2. We agree with PSI, VSL, and Skybridge, however, that this rule is not relevant to the
instant matter, for it applies only to requests to dismiss applications, amendments, or pleadings. See PSI Opposition
at 4; VSL/Skybridge Opposition at 5.
14 47 C.F.R. 1.939(d).
'~5 See, e.g., Petition for Reconsideration of Various Auction 87 Public Notices, et al., 27 FCC Red 4374, 4382 21
(WTB MD & ASAD 2012) (Auction 87 Order); AT&T PCS Wireless PCS, Inc., Order, 15 FCC Red 4587, 4588 3
(WTB CWD 2000) (AT&T Wireless) (citing Sierra Club v. Morton, 405 U.S. 727, 733 (1972): Lawrence N. Brandt,
Memorandum Opinion and Order, 3 FCC Red 4082 (CCB DFD 1988) (Brandt)).12607
Federal Communications Commission
DA 13-1787
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 16, Pages 12584 to 13565, August 22 - September 18, 2013, book, September 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc272134/m1/40/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.