Federal Communications Commission DA 11-827

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Federal Communications Commission DA 11-827

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of )
)
PAGING SYSTEMS, INC. ) File Nos. 0004593703, 0004593704,
) 0004593705, 0004593786, 0004593794,
Applications for Renewal of Licenses for ) 0004593831, and 0004593941
Common Carrier Fixed Point-to-Point Microwave )
Stations WLS832, WLS834, WLS838, WLS839, )
WLS844, WLS849, and WLS861 )
)
ORDER

Adopted: May 4, 2011 Released: May 5, 2011

By the Deputy Chief, Broadband Division, Wireless Telecommunications Bureau:

1. Introduction. Paging Systems, Inc. (“PSI”) filed the above-captioned applications to renew
its licenses for Common Carrier Fixed Point-to-Point Part 101 Microwave Stations WLS832, WLS834,
WLS838, WLS839, WLS844, WLS849, and WLS861 (“Stations”).1 Warren C. Havens, Environmentel,
LLC, Skybridge Spectrum Foundation, Intelligent Transportation & Monitoring Wireless, LLC, Verde
Systems, LLC, Telesaurus Holdings GB, LLC, and V2G, LLC (Petitioners) filed a petition to deny the
renewal applications.2 For the reasons set forth below, we deny the Petition to Deny and will process the
Renewal Applications.

2. Background. On January 28, 2011, PSI timely filed applications to renew Stations WLS832,
WLS834, WLS838, WLS839, WLS844, WLS849, and WLS861.3 On March 4, 2011, Petitioners asked
the Wireless Telecommunications Bureau (“Bureau”) to deny the renewal of the Stations, alleging that
PSI lacks the character and fitness to hold any Commission license.4 On March 17, 2011, PSI responded
that because the Petitioners do not operate and provide point-to-point microwave radio services, they are
not a “party in interest” under Section 1.939(a) of the Commission’s Rules,5 and are not aggrieved by the
renewal of the licenses for the Stations.6

3. Discussion. Most of Petitioners’ arguments do not involve the instant applications; instead,
Petitioners allege that PSI’s conduct with respect to other licenses demonstrates that PSI lacks character
and fitness to be a Commission licensee, and incorporate by reference arguments they raised in other
proceedings involving other PSI licenses. The Commission has since held, however, that “Petitioners’
allegations regarding PSI’s character qualifications, which relate to other PSI licenses and are the subject

1
File Nos. 0004593703, 0004593704, 0004593705, 0004593786, 0004593794, 0004593831, and 0004593941 (filed
Jan. 28, 2011) (Renewal Applications).
2
Petition to Deny, or in the Alternative Section 1.41 Request (filed Mar. 4, 2011) (Petition to Deny). PSI filed an
opposition. Opposition to Petition to Deny, or in the Alternative, Section 1.41 Request (filed Mar. 17, 2011)
(Opposition to Petition to Deny).
3
Renewal Applications.
4
Petition to Deny at 2.
5
47 C.F.R. § 1.939(a).
6
Opposition to Petition to Deny at 2-3.
Federal Communications Commission DA 11-827

of other pending proceedings, are more appropriately addressed elsewhere.”7 We therefore will not
address those arguments in this proceeding.

4. Accordingly, IT IS 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 Sections 1.41 and
1.939 of the Commission’s Rules, 47 C.F.R. §§ 1.41, 1.939, the Petition to Deny, or in the Alternative
Section 1.41 Request filed by Warren C. Havens, Environmentel, LLC, Skybridge Spectrum Foundation,
Intelligent Transportation & Monitoring Wireless, LLC, Verde Systems, LLC, Telesaurus Holdings GB,
LLC, and V2G, LLC on March 4, 2011 IS DENIED, and applications File Nos. 0004593703,
0004593704, 0004593705, 0004593786, 0004593794, 0004593831, and 0004593941 SHALL BE
PROCESSED in accordance with this Order and the Commission’s Rules.

5. 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

John J. Schauble
Deputy Chief, Broadband Division
Wireless Telecommunications Bureau

7
Paging Systems, Inc., Memorandum Opinion and Order, 25 FCC Rcd 450, 454 ¶ 8 (2010), recon pending; see also
Paging Systems, Inc., Order on Reconsideration and Order, 25 FCC Rcd 14620, 14621 n.14 (WTB MD 2010),
recon. and review pending; Paging Systems, Inc., Order on Reconsideration and Order, 25 FCC Rcd 5762, 5763 ¶ 4
(WTB MD 2010), recon pending; Paging Systems, Inc., Memorandum Opinion and Order, 22 FCC Rcd 1294,
1299-1300 ¶ 9 (WTB BD 2007), recon. dismissed, Order on Reconsideration, 23 FCC Rcd 7458 (WTB BD 2008),
review dismissed, Letter, 24 FCC Rcd 13776 (WTB BD 2009), recon. pending.
2

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