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Grant of Reconsideration of Thomas Kurian License Modification

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Released: July 29, 2013

Federal Communications Commission

DA 13-1660

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

PAPPAMMAL KURIAN
)
Call Signs WNVJ741, WPIQ777,
)
WPTG843, WPXC618, WPXY504, and
Request for Reinstatement of Licenses
)
WQAQ340
)
THOMAS KURIAN
)
Call Signs KNNF731 and WQO982

ORDER ON RECONSIDERATION

Adopted: July 26, 2013

Released: July 29, 2013

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1.
Introduction. In this Order on Reconsideration, we grant a petition1 filed by Thomas
Kurian (Mr. Kurian) seeking reconsideration of an Order on Reconsideration and Order of Modification
(Modification Order)2 that ordered the modification of Mr. Kurian's licenses for private land mobile radio
Stations KNNF731 and WQO982.
2.
Background.3 In connection with their divorce, Mr. Kurian and Pappammal Kurian (Ms.
Kurian) executed a marital property settlement agreement, under which he agreed to convey to her all
FCC licenses then held in his name or in the names of certain business entities awarded to her in the
settlement agreement, including S M Leasing and Rental Ltd. (S M Leasing).4 Following the divorce, a
dispute arose between Ms. Kurian and Richard Susainathan over ownership of S M Leasing. Specifically,
Ms. Kurian argued that she owned S M Leasing because Mr. Kurian had conveyed it to her as part of a
marital property settlement agreement, but Mr. Susainathan argued that the company should not have
been included in the Kurians' marital estate because he, rather than Mr. Kurian, owned it.
3.
While the dispute was being litigated in state court, Mr. Susainathan filed an application
to assign the S M Leasing licenses to himself.5 The Wireless Telecommunication Bureau's Mobility
Division (Division) granted the assignment application over Ms. Kurian's objections, holding that nothing
in the Commission's rules precluded granting the applications in the absence of a definitive final court
order regarding ownership of S M Leasing.6 Mr. Susainathan subsequently assigned the former S M

1 Protest of the Proposed Modification to Call Sign WQO982 and KNNF 731 and Reconsideration of the DA-12-
1773 & 11-1800 (filed Nov. 6, 2012) (Petition).
2 Pappammal Kurian, Order on Reconsideration and Order of Modification, 27 FCC Rcd 13516 (WTB MD 2012)
(Modification Order).
3 For more detailed information regarding the background of this matter, see Pappammal Kurian, Order and Order
Proposing Modification
, 26 FCC Rcd 15177, 15177-79 2-9 (WTB MD 2011) (Order).
4 Settlement Agreement at 2, attached to Kurian v. Kurian, Case No. D30700, Decree of Divorce (Dist. Ct. Family
Div., Clark County, Nev. July 1, 2005).
5 See FCC File No. 0002566618 (filed Apr. 11, 2006, amended Apr. 10, 2007 and Apr. 26, 2007). Mr. Susainathan
was the listed contact person for S M Leasing in the Commission's licensing records.
6 See Pappammal Kurian, Letter, 24 FCC Rcd 4842, 4845 (WTB MD 2009), pet. for recon. dismissed, Order on
Reconsideration
, 25 FCC Rcd 3686 (WTB MD 2010).

Federal Communications Commission

DA 13-1660

Leasing licenses at issue to Mr. Kurian,7 who then modified his license for Station WQO982 to add
frequencies assigned to Station WNVJ7418 and cancelled the license for Station WNVJ741;9 and
modified his license for Station KNNF731 to add frequencies assigned to Stations WPIQ777 and
WQAQ34010 and cancelled the licenses for Stations WPIQ777, WPXC618, and WQAQ340.11
4.
In 2011, after the state court awarded S M Leasing to Ms. Kurian,12 the Division
reinstated the licenses for Stations WNVJ741, WPIQ777, WPCX618, and WQAQ340.13 It also granted
her temporary waivers of Sections 90.155 (construction requirement)14 and 90.157 (discontinuance of
operation)15 of the Commission's Rules in order to give her one year to bring the stations back into
operation.16 As an additional measure to enable Ms. Kurian to restore interference-free operations, the
Division proposed to modify Mr. Kurian's licenses for Stations KNNF731 and WQO982 by deleting the
frequencies that he had added from the former S M Leasing licenses that he cancelled.17 In 2012, the
Division dismissed Mr. Kurian's objection to the proposed modification.18
5.
In May 2012, Mr. and Ms. Kurian filed a letter with the Commission stating that they had
reached a new marital property settlement agreement pursuant to which Ms. Kurian would assign all
licenses under her control to Mr. Kurian.19 An assignment application was filed but withdrawn soon
thereafter.20 In August 2012, Ms. Kurian filed applications to cancel the licenses for Stations WPIQ777

7 See FCC File Nos. 0003915191 (filed July 28, 2009), 0003946875 (filed Aug. 25, 2009), 0003957109 (filed Sept.
4, 2009), 0003993720 (filed Oct. 13, 2009).
8 See FCC File Nos. 0003947529 (Aug. 25, 2009), 0004036432 (filed Nov. 17, 2009).
9 See FCC File No. 0004009277 (filed Oct. 27, 2009).
10 See FCC File No. 0004012350 (filed Oct. 29, 2009).
11 See FCC File Nos. 0004143990-92 (filed Mar. 3, 2010).
12 See Susainathan v. Kurian, Consolidated Case Nos. A505829, A514179, A555891, Judgment Upon Jury Verdict
(Dist. Ct., Clark County, Nev. Aug. 11, 2010) at 28.
13 See Order, 26 FCC Rcd at 15180-81 10-14.
14 47 C.F.R. 90.155(a) (generally requiring that private land mobile radio stations be placed in operation within 12
months from the date of authorization).
15 47 C.F.R. 90.157(a) (providing that a private land mobile radio license cancels automatically upon permanent
discontinuance of operations, and that a station that has not operated for one year or more is considered to have been
permanently discontinued).
16 See Order, 26 FCC Rcd at 15181-82 15-16.
17 See id. at 15182-83 17-18. The Division acted pursuant to the Commission's statutory authority under Section
316(a)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 316(a)(1). Specifically, the Division
proposed to modify the license for Station KNNF731 by deleting frequencies 937.9500 MHz, 937.9625 MHz,
937.9750 MHz, 937.9875 MHz, and 938.0000 MHz from location 4; and to modify the license for Station WQO982
by deleting frequencies 854.8375 MHz, 860.7875 MHz, and 860.8125 MHz from all three fixed sites (locations 1, 4,
and 6).
18 See Modification Order, 27 FCC Rcd at 13518 7.
19 See Notice of Withdrawal of the Petition to Deny the Assignment of Call Sign WPIQ777, WQAQ340,
WQXC618, and WNJ741, Request to Initiate License Revocation Proceedings Against Pappammal Kurian with
Prejudice under 47 CFR 1.935 and Request for FCC Approval for the Above Withdrawal (filed May 24, 2012).
20 See FCC File No. 0005233398 (filed May 25, 2012, withdrawn June 11, 2012). In June 2012, Ms. Kurian filed
applications to update the licenses for Stations WNVJ741, WPIQ777, WPCX618, and WQAQ340 to list Mr. Kurian
as the contact. See FCC File Nos. 0005244369, 0005244373, 0005244386, 0005244404 (filed June 1, 2012).
2

Federal Communications Commission

DA 13-1660

and WNVJ741,21 which were granted. In May 2013, the license for Station WPXC618 expired by its own
terms. In July 2013, in response to a Division inquiry regarding the construction and operational status of
her licensed stations,22 Ms. Kurian reported that she had not constructed the former S M Leasing
licenses.23
6.
Discussion. We agree with Mr. Kurian that it no longer furthers the public interest to
modify his licenses for Stations KNNF731 and WQO982 by deleting the frequencies that he had added
from the former S M Leasing licenses that he cancelled.24 The purpose of modifying the licenses was to
enable Ms. Kurian to restore interference-free operations at the four stations. Given that Ms. Kurian has
not restored those stations to constructed and operational status, the modification of Mr. Kurian's licenses
no longer serves the intended purpose. We therefore grant the petition for reconsideration of the
Modification Order, and will permit Stations KNNF731 and WQO982 to use the frequencies that were
added from the former S M Leasing licenses.
7.
In addition, we conclude based on the record before us that Station WQAQ340 is not in
operation and that its authorization cancelled for permanent discontinuance of service. Therefore, we will
update the Commission's Universal Licensing System to reflect the cancellation of the license for Station
WQAQ340.
8.
Ordering Clauses. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 405 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405, and Section 1.106 of the
Commission's Rules, 47 C.F.R. 1.106, that the petition for reconsideration filed on November 6, 2012
by Thomas Kurian IS GRANTED.
9.
IT IS FURTHER ORDERED that the Commission's licensing records SHALL BE
MODIFIED to reflect the cancellation of the license for Station WQAQ340.
10.
This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
Commission's Rules, 47 C.F.R. 0131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau

21 See FCC File Nos. 0005366467, 0005366475 (filed Aug. 24, 2012).
22 Letter dated May 21, 2013 from Scot Stone, Deputy Chief, Mobility Division to Pappammal Kurian.
23 Letter dated June 14, 2013 from Pappammal Kurian to FCC Office of Secretary. To the extent that Ms. Kurian's
response to the Division inquiry requests additional time to construct her licensed stations, the request is denied.
The construction period for the stations at issue already had expired, so any such request is untimely. See 47 C.F.R.
1.946(e). In addition, nothing in her response constitutes grounds for providing additional time to construct.
24 See Petition at 1-2.
3

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