Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Susainathan Request for Cancellation of Cardwell License

Download Options

Released: November 10, 2011

Federal Communications Commission

DA 11-1869

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

ROBERT L. CARDWELL
)
Station WNMR238, Las Vegas, Nevada
)
)

Request for Cancellation of License
)

ORDER

Adopted: November 9, 2011

Released: November 10, 2011

By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau:
1.
Introduction. We have before us a request filed by Richard R. Susainathan (Susainathan)
on March 8, 2011, seeking the cancellation in the Commission’s Universal Licensing System (ULS) of
the license of Robert L. Cardwell (Cardwell) for 800 MHz Industrial/Land Transportation Pool Station
WNMR238.1 For the reasons set forth below, we grant the request in part and will modify the
Commission’s licensing records to reflect the cancellation of the authorization for location 11 (Sunrise
Mountain).
2.
Background. Station WNMR238 is authorized to operate base stations at five locations,
including Sunrise Mountain in Las Vegas, Nevada. In 2007, the license for Station WNMR238 was
assigned from Thomas Kurian to Pappammal Kurian (Ms. Kurian).2 In 2010, the license was assigned
from Ms. Kurian to Cardwell.3 In support of his request that the Commission cancel this license,
Susainathan argues that the license terminated automatically due to a permanent discontinuance of station
operations.4 Susainathan provides documentation that he purchased the Sunrise Mountain base station
equipment from Ms. Kurian in 2009, and that, on subsequent weekly visits to the site over a two-year
period, he found no equipment for Station WNMR238.5
3.
On August 18, 2011, the Wireless Telecommunications Bureau’s Mobility Division
(Division), acting pursuant to Section 308(b) of the Communications Act of 1934, as amended,6 requested
that Cardwell provide specified information concerning the operational status of Station WNMR238’s


1 See Request to Initiate License Revocation Proceedings (filed Mar. 8, 2011) (Request).
2 See FCC File No. 0003087467 (filed June 26, 2007).
3 See FCC File No. 0004009600 (filed Oct. 28, 2009); Robert Cardwell, Order, 25 FCC Rcd 10702 (WTB MD
2010).
4 See Request at 3. Section 90.157(a) of the Commission’s Rules provides that a Part 90 authorization, such as the
license for Station WNMR238, cancels upon permanent discontinuance of operations. For the purpose of this
section, any station that has not operated for one year or more is considered to have permanently discontinued
operations. Section 1.955(a)(3) provides generally that authorizations terminate automatically, without Commission
action, if service is permanently discontinued under the applicable rule for the type of service in question.
5 Id. at 10; see also Letter dated Oct. 12, 2011 from Richard R. Susainathan to Scot Stone/Jeff Tobias, Federal
Communications Commission.
6 47 U.S.C. § 308(b).

Federal Communications Commission

DA 11-1869

Sunrise Mountain location.7 Cardwell responded that he placed the facility into operation in 2011.8
4.
Discussion. Section 90.157 of the Commission’s Rules provides that a license for a
private land mobile radio station cancels automatically upon discontinuance of operation for a period of
one year or more.9 The information provided by Susainathan is persuasive evidence supporting his claim
that Station WNMR238’s Sunrise Mountain location was not in operation for a period of one year or
more and that its authorization therefore cancelled automatically due to a permanent discontinuance of
service.10 Therefore, we will update the Commission’s Universal Licensing System to reflect the
cancellation of the authorization for Station WNMR238’s Sunrise Mountain location. We do not address
Susainathan’s claims that the authorizations for the other Station WNMR238 locations, and for all of Ms.
Kurian’s stations, also cancelled automatically due to a permanent discontinuance of service, because he
provides no specific evidence in support of those claims.11
5.
Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act
of 1934, as amended, 47 U.S.C. § 154(i), and Section 90.157 of the Commission’s Rules, 47 C.F.R.
§ 90.157, the Request to Initiate License Revocation Proceedings filed by Richard R. Susainathan on
March 8, 2011 IS GRANTED IN PART to the extent indicated above AND OTHERWISE DENIED, and
the Commission’s licensing records SHALL BE MODIFIED to reflect the deletion of location 11 from
the license for Station WNMR238.
6.
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
Scot Stone
Deputy Chief, Mobility Division
Wireless Telecommunications Bureau


7 Letter dated Aug. 18, 2011, from Scot Stone, Deputy Chief, Wireless Telecommunications Bureau, Mobility
Division to Robert L. Cardwell.
8 See Letter dated Sept. 15, 2011 from Robert L. Cardwell to Jeff Tobias, Wireless Telecommunications Bureau,
Mobility Division.
9 See 47 C.F.R. § 90.157(a).
10 See, e.g., National Ready Mixed Concrete Co., Memorandum Opinion and Order, 23 FCC Rcd 5250, 5253-54
¶ 11 (2008).
11 See, e.g., Mobile Relay Associates, Order on Reconsideration, 25 FCC Rcd 13076, 13076 ¶ 3 (WTB MD 2010).
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.