FCC Record, Volume 27, No. 19, Pages 15766 to 16662, December 14 - December 31, 2012 Page: 15,827
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Federal Communications Commission
accordingly urge dismissal of the Petition.6 The Applicants also note that the Petition contains a number
of procedural defects' and that the Petition was not served upon either AT&T or CenturyTel in
contravention of section 1.939(c) of the Commission's rules." Mr. Pangasa did not respond to the Joint
Opposition.
II. DISCUSSION
4. The Communications Act of 1934, as amended, and the Commission's rules require that
a petition to deny must contain specific allegations of fact sufficient to show that the petitioner is a party
in interest.9 To establish party-in-interest standing, a petitioner must allege facts sufficient to demonstrate
that grant of the subject application would cause it to suffer a direct injury.'0 In addition, a petitioner
must demonstrate a causal link between the claimed injury and the challenged action: it must demonstrate
that the injury can be traced to the challenged action and that the injury would be prevented or redressed
by the relief requested." The Commission repeatedly has upheld these standards. 2
5. We find that neither the Pangasa Petition nor any of his various subsequent filings asserts
specific allegations of fact sufficient to show that Mr. Pangasa is a party in interest with respect to this
transaction. Instead, Mr. Pangasa's submissions raise general concerns about spectrum aggregation and
various wireless industry practices. The Petition does not explain how Mr. Pangasa might be injured by
an assignment of spectrum to AT&T, much less how any such injury might be redressed by denying or
conditioning the Application. We accordingly dismiss the Pangasa Pleadings, including the Petition, for
lack of party-in-interest standing."
III. ORDERING CLAUSES
6. Accordingly, having reviewed the Application and the record in this matter, IT IS
ORDERED that, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), (j), 309, 310(d), the Petition and Pleadings filed by Maneesh Pangasa are
hereby DISMISSED for the reasons stated herein.
7. IT IS FURTHER ORDERED, pursuant to sections 4(i) and 309 of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 309, that the staff of the Mobility Division of the Wireless
Telecommunications Bureau SHALL PROCESS the following application consistent with this Order and
the Commission's rules: ULS File No. 0005337520.
6 Joint Opposition and Motion to Dismiss of AT&T Inc. and CenturyTel Broadband Wireless, LLC, filed Oct. 5,
2012 ("Joint Opposition").
7 The alleged defects include failure to provide the filer's name, street address, telephone number, or signature.
Joint Opposition at 5-6.
8 Id at 6; see 47 C.F.R. 1.939(c).
9 47 U.S.C. 309(d)(1); 47 C.F.R. 1.939(d).
'0 Applications of T-Mobile License, LLC, AT&T Mobility Spectrum LLC and New Cingular Wireless PCS, LLC
For Consent to Assign AWS-1 Licenses, Order, 27 FCC Rod 4124, 4126 6 (WTB 2012) ("T-Mobile-A T&T
Order"); Wireless Co., L.P., Order, 10 FCC Rd 13233, 13235 17 (WTB 1995) ("Wireless Co."), citing Sierra Club
v. Morton, 405 U.S. 727, 733 (1972).
" T-Mobile-AT&T Order, 27 FCC Red at 4126 6; Wireless Co., 10 FCC Rd at 13235 7.
12 See, e.g., Application of New Cingular Wireless PCS, LLC and D&E Investments, Inc. For Consent to Assign
Lower 700 MHz C Block Licenses, Order, 27 FCC Red 1669, 1670-71 6 (WTB 2012).
13 In this instance, because we find that the Petition does not demonstrate the requisite party-in-interest standing, we
need not decide whether it should be dismissed based on the procedural deficiencies alleged by the Applicants.15827
DA 12-2039
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 19, Pages 15766 to 16662, December 14 - December 31, 2012, book, December 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171153/m1/75/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.