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Pangasa Pleading Against AT&T, McBride Transaction Dismissed

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Released: December 18, 2012

Federal Communications Commission

DA 12-2038

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Application of AT&T Mobility Spectrum LLC
)
ULS File No. 0005323094
and McBride Spectrum Partners, LLC
)
)

For Consent To Assign a Lower 700 MHz Band B
)
Block License
)

ORDER

Adopted: December 18, 2012

Released: December 18, 2012
By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1.
In this Order, we dismiss for lack of party-in-interest standing a Petition to Conditionally
Approve or Deny (“Petition”)1 filed by Mr. Maneesh Pangasa against the application2 of AT&T Mobility
Spectrum LLC (“AT&T Mobility”), an indirect wholly-owned subsidiary of AT&T Inc. (collectively,
“AT&T”), and McBride Spectrum Partners, LLC (“McBride” and together with AT&T Mobility, the
“Applicants”) to assign a Lower 700 MHz Band B Block spectrum license from McBride to AT&T
Mobility.

I.

BACKGROUND

2.
On July 24, 2012, AT&T Mobility and McBride filed the Application pursuant to section
310(d) of the Communications Act of 1934, as amended (the “Communications Act”),3 seeking approval
to assign a Lower 700 MHz Band B Block spectrum license. The Commission released a Public Notice
on August 2, 2012, seeking comment on the Application.4 In response to the Comment Public Notice, Mr.
Pangasa submitted the Petition citing concerns about AT&T’s spectrum purchases in the aggregate and
asking that approval of the transaction be conditioned on spectrum divestiture and build-out obligations.5
The Petition on its face does not identify Mr. Pangasa as the filer or explain how the instant transaction
could harm Mr. Pangasa specifically.
3.
The Applicants filed a Joint Opposition and Motion to Dismiss on August 27, 2012, in
which they assert that Mr. Pangasa fails to meet the criteria for establishing party-in-interest standing and
accordingly urge dismissal of the Petition.6 The Applicants also note that the Petition contains a number

1 Petition to Conditionally Approve or Deny of Maneesh Pangasa, filed Aug. 5, 2012.
2 ULS File No. 0005323094 (the “Application”).
3 47 U.S.C. § 310(d).
4 AT&T Mobility Spectrum LLC and McBride Spectrum Partners, LLC Seek FCC Consent to the Assignment of a
Lower 700 MHz Band B Block License, ULS File No. 0005323094, Public Notice, DA 12-1252 (rel. Aug. 2, 2012)
(“Comment Public Notice”).
5 See Petition at 2-5.
6 Joint Opposition and Motion to Dismiss of AT&T Inc. and McBride Spectrum Partners, LLC., filed Aug. 27, 2012
(“Joint Opposition”).

Federal Communications Commission

DA 12-2038

of procedural defects7 and that the Petition was not served upon either AT&T or McBride in
contravention of section 1.939(c) of the Commission’s rules.8 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.10 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.11 The Commission repeatedly has upheld these standards.12
5.
We find that the Petition fails to assert specific allegations of fact sufficient to show that
Mr. Pangasa is a party in interest with respect to this transaction. Instead, Mr. Pangasa’s submission
raises 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 Petition for lack of party-in-interest standing.13

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 filed by Maneesh Pangasa is 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. 0005323094.

7 The alleged defects include failure to provide the filer’s name, street address, telephone number, or signature.
Joint Opposition at 2-4.
8 Id. at 3; see 47 C.F.R. § 1.939(c).
9 47 U.S.C. § 309(d)(1); 47 C.F.R. § 1.939(d).
10 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 Rcd 4124, 4126 ¶ 6 (WTB 2012) (“T-Mobile-AT&T
Order
”); Wireless Co., L.P., Order, 10 FCC Rcd 13233, 13235 ¶ 7 (WTB 1995) (“Wireless Co.”), citing Sierra Club
v
. Morton, 405 U.S. 727, 733 (1972).
11 T-Mobile-AT&T Order, 27 FCC Rcd at 4126 ¶ 6; Wireless Co., 10 FCC Rcd 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 Rcd 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.

Federal Communications Commission

DA 12-2038

8.
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
Katherine M. Harris
Deputy Chief, Mobility Division,
Wireless Telecommunications Bureau

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