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Paging Systems, Inc. Assignment Application Grants Affirmed

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Released: June 5, 2012

Federal Communications Commission

DA 12-879

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter
)
)

PAGING SYSTEMS, INC.
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File Nos. 0004757182 and 0004800336
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Applications for Assignment of Authorization for
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Stations WQMF673 and WPSZ434
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)

DD INCORPORATED
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File No. 0004825560
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Application to Renew License for Station
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WPSZ434
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: June 4, 2012

Released: June 5, 2012

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1. Introduction. This item addresses petitions filed by Warren C. Havens, Environmentel LLC,
Verde Systems LLC, Intelligent Transportation & Monitoring Wireless LLC, Telesaurus Holdings LLC,
V2G LLC, and Skybridge Spectrum Foundation (Petitioners) seeking reconsideration of the grant of the
applications of Paging Systems, Inc. (PSI) to assign the licenses for 800 MHz Specialized Mobile Radio
Station WPSZ434 and Industrial/Business Pool Station WQMF673 to Crystal SMR, Inc. (Crystal),1 and
denial of the application of DD Incorporated (DD) to renew the license for Station WPSZ434.2 For the
reasons stated below, we deny the petitions.
2. Background. The applications to assign the licenses for Stations WQMF6733 and WPSZ4344
from PSI to Crystal were granted in June and July 2011, respectively.5 Petitioners filed petitions for


1 Petition for Reconsideration (filed July 15, 2011) (WQMF673 Petition); Petition for Reconsideration (filed Aug.
19, 2011) (WPSZ434 Petition). PSI filed oppositions. Opposition to Petition for Reconsideration (filed July 28,
2011) (WQMF673 Opposition); Opposition to Petition for Reconsideration (filed Aug. 31, 2011) (WPSZ434
Opposition). Petitioners filed replies. Reply to Opposition to Petition for Reconsideration (filed Aug. 9, 2011);
Reply to Opposition to Petition for Reconsideration (filed Sept. 13, 2011). PSI challenges Petitioners’ standing in
these proceedings. We need not resolve the standing dispute because, even if we accorded standing, for the reasons
stated infra we would not find Petitioners’ arguments persuasive. See Pamplin Broadcasting, Inc., Memorandum
Opinion and Order
, 23 FCC Rcd 2571, 2572 n.4 (2008).
2 Petition to Dismiss, Petition to Deny, or in the alternative, Section 1.41 Request (filed Sept. 9, 2011) (WPSZ434
Renewal Petition). DD filed an opposition. Opposition to Petition to Dismiss, Petition to Deny, or in the
alternative, Section 1.41 Request (filed Sept. 19, 2011) (DD Opposition). Petitioners filed a reply. Reply to
Opposition to Petition to Dismiss, Petition to Deny, or in the alternative, Section 1.41 Request (filed Oct. 4, 2011).
3 FCC File No. 0004757182.
4 FCC File No. 0004800336.
5 Petitioners argue that pursuant to Section 309 of the Communications Act, 47 U.S.C. § 309, and Section 1.933 of
the Commission Rules, 47 C.F.R. § 1.933, the application to assign the license for Station WPSZ434 should have
gone on public notice prior to grant. See WPSZ434 Petition at 1; WPSZ434 Renewal Petition at 7. We disagree.
Certain categories of license assignments and transfers of control involving Wireless Radio Services are subject to
the Commission’s immediate approval procedures that eliminate the public notice requirement. See Promoting
(continued....)

Federal Communications Commission

DA 12-879

reconsideration of the grants in July and August. Crystal assigned the license for Station WPSZ434 to
DD,6 which filed an application to renew the license in August.7 Petitioners filed a petition to dismiss or
deny the renewal application in September.
3. Petitioners assert that satellite images of the authorized locations show the licensed
coordinates to be vacant land or paved roadways, which demonstrates that the stations were not
constructed so the licenses automatically terminated and thus cannot be assigned or renewed.8 Petitioners
also argue, based on claims they raised with respect to other PSI licenses, that PSI lacks the character and
fitness to be a Commission licensee, and that those claims should be resolved prior to acting on the
assignment applications.9
4. PSI and DD respond that the stations were properly constructed, but the location information
listed on the licenses is less precise than the information that can be provided by more recent
technology.10 PSI states that the discrepancies between the licensed and actual locations are between 23
and 202 feet, and indicates that the licensing information will be corrected.11 PSI also argues that
Petitioners’ claims regarding PSI’s character should be resolved in the first instance in the proceedings
regarding the licenses to which they pertain rather than in a subsequent proceeding involving other
licenses.12
5. Discussion. Based on the information before us, we conclude that Stations WPSZ434 and


(...continued from previous page)
Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Second
Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking,
WT Docket No.
00-230, 19 FCC Rcd 17503, 17504 ¶ 101 (2004); 47 C.F.R. § 1.948(j)(2).
6 See FCC File No. 0004816640.
7 FCC File No. 0004825560.
8 See WQMF673 Petition at 2, 4; WPSZ434 Petition at 4; WPSZ434 Renewal Petition at 4-5.
9 See WQMF673 Petition at 1-2; WPSZ434 Petition at 3; WPSZ434 Renewal Petition at 4. Petitioners seek to
incorporate their pleadings in these other proceedings by reference. See WQMF673 Petition at 11-19; WPSZ434
Petition at 2-4; WPSZ434 Renewal Petition at 2-3.
10 See WPSZ434 Opposition at 6-7; DD Opposition at 4. Because there was a small (0.052 miles) discrepancy
between the coordinates identified by PSI and the coordinates identified by DD for Station WPSZ434’s Grizzly
Peak site, the Wireless Telecommunications Bureau’s Mobility Division (Division) asked them to provide additional
information concerning the construction and operational status of Stations WPSZ434 and WQMF673. See Letter
dated Feb. 27, 2012, from Scot Stone, Deputy Chief, Wireless Telecommunications Bureau, Mobility Division to
Audrey P. Rasmussen, Esq., Counsel to PSI; Letter dated Feb. 27, 2012, from Scot Stone, Deputy Chief, Wireless
Telecommunications Bureau, Mobility Division to Dennis C. Brown, Esq.., Counsel to DD Incorporated. In
response, the parties provided additional documentary and photographic evidence regarding the stations, and DD
explained that it received the discrepant coordinates from a third party, rather than from independent measurements
that disagreed with PSI’s measurements. See Letters dated March 28, 2012, March 29, and March 30, 2012, from
Dennis C. Brown, Esq., Counsel to DD Incorporated to Stana Kimball, Wireless Telecommunications Bureau,
Mobility Division. Petitioners requested that we accept replies to the responses by PSI and DD. See Reply to
Responses to Section 308 Letters (filed May 11, 2012); Request to Accept Reply to Responses to Section 308
Letters (filed May 11, 2012). PSI filed an opposition. Opposition to Request to Accept Reply to Responses to FCC
Letters (filed May 17, 2012). Petitioners argue that PSI and DD failed to provide satisfactory and properly
substantiated responses to the Commission request for additional information. We disagree. Petitioners’ arguments
are speculation and conjecture about how the submitted responses could be incorrect, falsified, or actually mean
something completely different. Petitioners offer no evidence to substantiate these claims.
11 See Declaration attached to WQMF673 Opposition.
12 WQMF673 Opposition at 7; WPSZ434 Opposition at 5.
2

Federal Communications Commission

DA 12-879

WQMF673 were constructed and are operating as authorized. Petitioners’ assertion that the satellite
images demonstrate that the stations were not properly constructed is meritless. The images, with antenna
structures visible near the licensed coordinates, actually support the licensees’ representations that the
stations were constructed at locations within a reasonable margin of error for determining geographic
coordinates using older technology. Occasional minor discrepancies in license coordinates due to the
employment of later technology that yields more accurate results are not unprecedented,13 and are not
grounds for concluding that an authorization terminated due to failure to construct where there is no
evidence that the licensee knowingly constructed the facility somewhere other than the licensed
coordinates.14 We remind PSI and DD, however, that licensees must promptly correct any discovered
discrepancy.15
6. Most Petitioners’ other arguments do not involve the instant licenses, but instead allege
misconduct with respect to other PSI licenses. The Commission has held that Petitioners’ allegations
against PSI’s character qualifications that relate to its other licenses and are not the subject of the
proceeding at issue are more appropriately addressed elsewhere.16 Therefore, we will not address
Petitioners’ arguments concerning PSI’s other licenses in this proceeding.
7. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(r), and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 405, and Section 1.106 of the
Commission’s Rules, 47 C.F.R. § 1.106, the petitions for reconsideration filed by Warren C. Havens,
Environmentel LLC, Verde Systems LLC, Intelligent Transportation & Monitoring Wireless LLC,
Telesaurus Holdings LLC, Skybridge Spectrum Foundation on July 15 and August 19, 2011, ARE
DENIED.
8. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 303(r), and 309(d) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 309(d), and Section 1.939 of the
Commission’s Rules, 47 C.F.R. § 1.939, the petition to deny filed by Warren C. Havens, Environmentel
LLC, Verde Systems LLC, Intelligent Transportation & Monitoring Wireless LLC, Telesaurus Holdings
LLC, Skybridge Spectrum Foundation on September 9, 2011, IS DENIED, and application FCC File No.
0004825560 SHALL BE PROCESSED in accordance with this Order on Reconsideration and Order.
9. These actions are taken under delegated authority pursuant to sections 0.131 and 0.331 of the
Commission's Rules, 47 C.F.R. §§ 0.131, 0.331.
FEDERAL COMMUNICATIONS COMMISSION
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau


13 See, e.g., North Country Repeaters, Forfeiture Order, 19 FCC Rcd 22139, 22140-42 ¶¶ 4-8 (EB 2004).
14 See, e.g., KM Radio of St. Johns, L.L.C., Memorandum Opinion and Order and Notice of Apparent Liability, 19
FCC Rcd 5847, 5850-51 ¶ 9 (2004); David E. Huffman, Memorandum Opinion and Order, DA 99-2022, ¶¶ 3-9
(WTB rel. Oct. 1, 1999).
15 DD already has filed an application to modify the license for Station WPSZ434 to revise the coordinates. FCC
File No. 0005169245.
16 See Paging Systems, Inc., Order on Reconsideration, 26 FCC Rcd 16573, 16576-78 ¶¶ 7-9 (2011); see also, e.g.,
Touch Tel Corporation, Second Order on Reconsideration, DA 12-595, ¶ 8 (WTB MD rel. Apr. 16, 2012).
3

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