PAPPAMMAL KURIAN, SPECTRUM WIRELESS LLC
Washington, D.C. 20554
December 8, 2009
Spectrum Wireless LLC
3475 W Lake Mead Blvd., #105
North Las Vegas, NV 89032
Informal Request for Renewal of Special Temporary Authority for Stations WQEH403,
WQEI307, WQEI308, WQEI758, and WQEI759
Dear Ms. Kurian:
This letter addresses the letter request, received June 19, 2009, that you submitted on behalf of
Spectrum Wireless LLC for renewal of Special Temporary Authority (STA) for Stations WQEH403,
WQEI307, WQEI308, WQEI758, and WQEI759.1 For the reasons discussed below, we deny the request.
Background.2 Your former husband, Thomas Kurian, agreed to transfer his FCC licenses to you,
pursuant to the Marital Property Settlement Agreement (Settlement Agreement) approved by the District
Court of Clark County, Nevada, Family Division on July 1, 2005.3 On November 28, 2005, however, he
requested cancellation of thirty-seven of his licenses, on the grounds that the stations had not been
constructed or had permanently discontinued station operations.4 You objected to the cancellation
requests, asserting that they conflicted with the Settlement Agreement. While the cancellation requests
were pending, you were granted STAs authorizing operations at the same locations and on the same
frequencies as some of the licenses that Mr. Kurian had sought to cancel or had allowed to expire.
On February 12, 2007, the Mobility Division (Division) denied your objection to the cancellation
requests, concluding that it was appropriate to rely on the representations of Mr. Kurian, the licensee of
record, about the non-construction of the subject stations or permanent discontinuance of their service,
especially in the absence of any contrary evidence.5 The Division also concluded that your argument that
1 Letter dated June 10, 2009 from Pappammal Kurian, President, Spectrum Wireless LLC, to Marlene H. Dortch,
Secretary, Federal Communications Commission (Request). I previously informed you that the Commission had no
record of any request for renewal of the STAs. The Request was subsequently located.
2 For more detailed information regarding the background of this matter, see Pappammal Wellington Kurian, Order
on Further Reconsideration and Order on Reconsideration, 24 FCC Rcd 4827, 4828-29 ¶¶ 3-4 (WTB MD 2009)
3 Settlement Agreement at 1-2, attached to Kurian v. Kurian, Case No. D30700, Decree of Divorce (Dist. Ct. Family
Div., Clark County, Nev. July 1, 2005); see also Kurian v. Kurian, Case No. D30700, Order of the Court at 2 (Dist.
Ct. Family Div., Clark County, Nev. July 12, 2005).
4 See 47 C.F.R. § 1.955(a)(2), (3) (authorizations automatically terminate, without specific Commission action, if the
licensee fails to meet applicable construction requirements or permanently discontinues station operations).
5 See Letter dated Feb. 12 , 2007, from Scot Stone, Deputy Chief, Mobility Division, Wireless Telecommunications
Bureau, to George L. Lyon, Jr., counsel for Pappammal Wellington Kurian, at 2. With respect to licenses that Mr.
the cancellation requests conflicted with the Settlement Agreement was irrelevant to whether the licenses
had canceled for non-construction or permanent discontinuance of operations.6 You sought
reconsideration, and the Division affirmed the February decision on October 19, 2007.7 You then sought
reconsideration of the October decision. The Division granted applications to renew the STAs while the
petitions for reconsideration were pending.
On April 21, 2009, the Division dismissed your petition for further reconsideration of the October
decision as repetitious, and for other procedural deficiencies.8 The Division also indicated that, in light of
its decision, it would not grant any subsequent renewal applications for the STAs.9 You did not seek
reconsideration or review of this decision. On June 19, 2009, however, you submitted a letter request for
renewal of the STAs for Stations WQEH403, WQEI307, WQEI308, WQEI758, and WQEI759.
Discussion. You argue that the renewal of the STAs is necessary to effectuate the terms of the
Settlement Agreement.10 As noted above, we have rejected the argument that the Settlement Agreement
requires continued authorization of stations for which the licenses automatically canceled, and that
decision is now a final action. Additionally, the current request presents no new information, and
provides no grounds to revisit our conclusion that renewal of the STAs is no longer appropriate in light of
the resolution of the underlying matters. Lastly, the request fails to comply with the requirements for
submission of STA applications, as set forth in Part 1 of the Commission’s Rules.11 Accordingly, we
deny your request for renewal of the STAs.
The authorizations for Stations WQEH403, WQEI307, WQEI308, WQEI758, and WQEI759
have expired. Spectrum Wireless LLC therefore has no authority to operate the facilities formerly
authorized under those call signs. Any further operation of those facilities by would be in violation of the
Commission’s rules. If Spectrum Wireless LLC wishes to operate those facilities in the future, it must
first file new applications for permanent authorization.
Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and Sections 1.41 and 1.931 of the Commission’s
Rules, 47 C.F.R. §§ 1.41, 1.931, that the request for renewal of the authorizations for Stations WQEH403,
Kurian had allowed to expire, the Division concluded that the cancellation requests were moot, but that the licenses
had in fact canceled automatically. See id. at 3 n.14.
6 See id. at 3.
7 See Pappammal Wellington Kurian, Order on Reconsideration, 22 FCC Rcd 18660, 18661-62 ¶ 4 (WTB MD
2007). The Division noted that you cited no Commission precedent for declining to credit the unrefuted
representation of the licensee of record because of outside litigation between the parties. See id. at 18662 ¶ 4.
8 See 2009 Order, 24 FCC Rcd at 4830-31 ¶¶ 8-10.
9 See id. at 4832 n.45.
10 See Request at 1.
11 47 C.F.R. Part 1. The Commission’s rules provide for informal STA requests in emergencies, but this is not such
a case. See 47 C.F.R. §§ 1.915(b)(1), 1.931(b)(5).
WQEI307, WQEI308, WQEI758, and WQEI759, submitted by Spectrum Wireless LLC on June 19,
2009, IS DENIED.
This action is 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
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau
MD chron file
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