Federal Communications Commission DA 12-1118 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of MARITEL MISSISSIPPI RIVER, INC., Assignor EASTERN KENTUCKY POWER COOPERATIVE, INC., Assignee Application to Partition and Disaggregate the License for VHF Public Coast Station WPOJ535 ) ) ) ) ) ) ) ) ) ) ) FCC File No. 0004029237 ORDER Adopted: July 11, 2012 Released: July 12, 2012 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. We have before us the captioned application to partition and disaggregate the license for VHF Public Coast (VPC) Station WPOJ535 from MariTEL Mississippi River, Inc. (MariTEL) to Eastern Kentucky Power Cooperative, Inc. (EKPC),1 and a petition to deny the application filed by Environmentel LLC, Verde Systems LLC, Telesaurus Holdings GB LLC, Intelligent Transportation & Monitoring Wireless LLC, and Skybridge Spectrum Foundation (Petitioners).2 Petitioners argue that the application should be dismissed, denied, or held in abeyance due to questions about the basic character qualifications of Donald DePriest and for other reasons unrelated to the assignment of VPC spectrum to EKPC.3 In another matter involving MariTEL applications, we recently held that the issues raised by the Petition do not, under the Commission’s policies, constitute grounds to defer processing of MariTEL applications.4 Consequently, we deny the Petition. 2. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 303(r), and Section 1.939 of the Commission’s Rules, 47 C.F.R. § 1.939, the Petition to Dismiss or Deny, Or in the alternative Section 1.41 Request filed by Environmentel LLC, Verde Systems LLC, Telesaurus Holdings GB LLC, Intelligent Transportation & Monitoring Wireless LLC, and Skybridge Spectrum Foundation on November 18, 2009, IS DENIED, and application FCC File No. 0004029237 SHALL BE PROCESSED in accordance with this Order and the Commission’s Rules. 1 FCC File No. 0004029237 (filed Nov. 18, 2009). 2 Petition to Dismiss or Deny, Or in the alternative Section 1.41 Request (filed Dec. 2, 2009). MariTEL filed an opposition. Opposition of MariTEL, Inc. (filed Dec. 16, 2009) (Petition). The Petitioners filed a reply, Reply to Oppositions to Petition to Dismiss or Deny, Or in the alternative Section 1.41 Request (filed Dec. 29, 2009), and a supplement, May 27, 2010 Supplement – New Facts, And Request to Accept (filed May 27, 2010). 3 See Petition at 3-4, 7-18. 4 See MariTEL, Inc., Order, 27 FCC Rcd 3256, 3259-62 ¶¶ 7-14 (WTB MD 2012), recon. and review pending. Federal Communications Commission DA 12-1118 2 3. 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 Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau