Federal Communications Commission DA 12-1119 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of VERDE SYSTEMS LLC and SKYBRIDGE SPECTRUM FOUNDATION Applications for Consent To Partial Assignment of Licenses for Stations WQCP815 and WQJW655 ) ) ) ) ) ) ) ) File No. 0005030298 File No. 0005030305 ORDER Adopted: July 11, 2012 Released: July 12, 2012 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: 1. This Order addresses a petition filed by Maritime Communications/Land Mobile, LLC (“MCLM”) seeking denial of the above-captioned applications of Verde Systems LLC (“Verde”) and Skybridge Spectrum Foundation (“Skybridge”) (collectively “Assignors”) seeking Commission consent to partially assign the licenses for Automated Maritime Telecommunications System (“AMTS”) Channel Block B Stations WQCP815 and WQJW655 to Chesapeake Operating, Inc. (“Chesapeake”).1 For the reasons stated below, we dismiss the petition. 2. On January 19, 2012, Verde filed an application for consent to partition and disaggregate part of the license for Station WQCP815 to Chesapeake, and Skybridge filed an application for consent to partition part of the license for Station WQJW655 to Chesapeake. Chesapeake is a petroleum and natural gas producer that seeks to use the spectrum to remotely monitor and control equipment used to produce, process, and transport oil and gas products.2 On February 8, 2012, MCLM filed a petition to deny the applications. 3. MCLM argues that it has standing to challenge the proposed assignment because it holds the geographic license for AMTS Channel Block in the area where the Assignors propose to assign Channel Block B spectrum to Chesapeake3 and “[a]ssignments of spectrum by Skybridge and Verde to a commercial enterprise such as Chesapeake are assignments that are lost to MCLM.”4 In order to demonstrate standing to oppose an assignment application, a party must demonstrate a causal link between the proposed assignment and any actual harm that would befall the petitioner as a result of its 1 Maritime Communications/Land Mobile, LLC, Petition to Deny (filed Feb. 8, 2012) (MCLM Petition). Verde and Skybridge filed a joint opposition. Verde Systems, LLC, Skybridge Spectrum Foundation, Opposition to Petition to Deny (filed Feb. 23, 2012) (Assignors Opposition). Chesapeake also filed an opposition. Chesapeake Operating, Inc., Opposition to Petition to Deny (filed Feb. 23, 2012) (Chesapeake Opposition). MCLM did not file a reply. 2 FCC File Nos. 0005030298, 0005030505, Public Interest Statement at 1. 3 After the petition was filed, MCLM’s license for Station WQGF316 was assigned to Maritime Communications/Land Mobile, LLC, Debtor-in-Possession. See FCC File No. 0004851459 (filed Aug. 26, 2011). Because we dismiss the MCLM Petition on other grounds, we need not address the argument, see Assignors Opposition at 4; Chesapeake Opposition at 2, that the subsequent involuntary assignment rendered the MCLM Petition defective or moot. 4 MCLM Petition at 1. Federal Communications Commission DA 12-1119 2 approval.5 MCLM does not explain how the assignment of AMTS spectrum to Chesapeake for use petroleum and natural gas production would injure it, or how the assignment would constitute a “los[s]” to MCLM that would be prevented or redressed by denial of the assignment applications. Consequently, we agree with Assignors that MCLM has not established standing.6 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 Section 1.939 of the Commission’s Rules, 47 C.F.R. § 1.939, the petition to deny filed by Maritime Communications/Land Mobile, LLC on February 12, 2012, IS DISMISSED, and applications FCC File Nos. 0005030298 and 0005030305 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 Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 5 See, e.g., Progeny LMS LLC, Order, DA 12-851, ¶ 19 (WTB MD rel. May 31, 2012), review pending. 6 See Assignors Opposition at 6-7.