*Pages 1--2 from Microsoft Word - 52988.doc* Federal Communications Commission DA 05- 2947 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Application of MOBEX NETWORK SERVICES, LLC To Assign Licenses for Automated Maritime Telecommunications System (AMTS) Stations ) ) ) ) ) ) File No. 0002197542 ORDER Adopted: November 8, 2005 Released: November 9, 2005 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau: 1. On June 13, 2005, Mobex Network Services, LLC (Mobex) filed the above- captioned application to assign its licenses for Automated Maritime Telecommunications System (AMTS) stations in various locations in the United States to Marine Communications/ Land Mobile, LLC (MC/ LM). 1 On July 6, 2005, Warren C. Havens (Havens) filed a petition to deny the application. 2 Mobex filed an opposition on July 18, 2005. 3 Havens filed a reply on August 1, 2005. 4 For the reasons that follow, we deny the Havens Petition and will process the assignment application accordingly. 2. Havens does not raise any specific objection to the proposed assignment of authorization application. Rather, he asserts various arguments with respect to the character and fitness of Mobex to be a licensee, and contends that the assignment application should be denied because the licenses should be canceled. 5 The assertions primarily concern activation notices, renewal applications, and similar filings submitted by Mobex with respect to these and other licenses. 6 Havens raised the same matters in 2003 and 2004 in petitions to Mobex’s applications to renew and transfer these and other licenses. 7 At that time, we concluded that none of the matters raised by Havens, individually or collectively, constituted a 1 See File No. 0002197542 (filed June 13, 2005). 2 Warren Havens Petition to Deny (filed July 6, 2005) (Havens Petition). 3 Mobex Network Services, LLC Opposition to Petition to Deny (filed July 18, 2005) (Opposition). 4 Warren Havens Reply to Opposition to Petition to Deny (filed Aug. 1, 2005). 5 See Havens Petition at 2- 9. 6 See id. 7 See Warren Havens Petition to Deny FCC File Nos. 0001370847, 0001370848, 0001370850 (filed Aug. 7, 2003); Warren Havens Petition to Deny FCC File No. 0001600664 (filed Mar. 4, 2004); Warren Havens Petition to Deny FCC File No. 0001768691 (filed July 16, 2004); Warren Havens Petition to Deny FCC File No. 0001885281 (filed Nov. 5, 2004). 1 Federal Communications Commission DA 05- 2947 2 sufficient reason to deny the applications. 8 Because Havens presents no new information in this regard, we again conclude that these assertions do not merit denial of Mobex’s application. As we noted in response to Havens’s previous filings, the various defects in Mobex’s station activation notifications alleged by Havens would not (even assuming that the notifications were inaccurate) constitute sufficient reason for denying the present application. 9 3. Havens also argues MC/ LM’s Form 175 application for Auction No. 61 does not include information concerning an agreement it has with a very small business, the National Rural Telecommunications Cooperative. 10 He states this should be investigated and, if shown to be a violation, provides another reason to deny the instant assignment application. We agree with Mobex that this alleged defect in MC/ LM’s Auction No. 61 is irrelevant and immaterial to the non- auctioned licenses at issue, 11 and therefore outside of the scope of the concern here. 12 4. We deny Havens’s petition to deny for the same reasons that we denied his earlier petitions directed at the same Mobex licenses. 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 Section 1.939 of the Commission’s Rules, 47 C. F. R. § 1.939, that the petition to deny filed by Warren C. Havens on July 6, 2005 IS DENIED. 5. IT IS FURTHER ORDERED that application File No. 0002197542 SHALL BE PROCESSED consistent with this Order and the Commission’s Rules. 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 Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau 8 See Mobex Network Services, LLC, Order, 19 FCC Rcd 24939, 24941- 43 ¶¶ 6- 9 (WTB PSCID 2004). Havens filed a petition for reconsideration of this decision on January 27, 2005. That petition remains pending. Our action today is subject to the resolution of that petition. 9 See id. at 24942 ¶ 6. 10 See Havens Petition at 9- 10. 11 Opposition at 4- 5. 12 We note further that, if during review of the long- form application, an applicant is discovered to have made a false certification or to be ineligible for the bidding credit it seeks, the Commission has a number of sanctions it can impose against the applicant. See Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum, Order, 17 FCC Rcd 17946, 17952 ¶ 10 (WTB 2002). 2