[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Pages 53628-53629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27150]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 97-199; FCC 97-322]
Broadband Block C Personal Communications Systems Facilities
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: An application of Westel Samoa, Inc. for a broadband Block C
Personal Communications System authorization and six (6) applications
of Westel, L.P. for broadband F Block Personal Communications System
authorizations were designated for hearing. The Commission has
determined that material questions of fact exist as to whether Westel
Samoa, Inc., and Westel, L.P., through its principal, possess the
requisite qualifications to be a Commission licensee. In addition, the
Commission has ordered Anthony T. Easton to show cause why he should
not be barred from holding any Commission license or participating in
any future Commission auctions. The Commission has determined that
because of misrepresentations made by Mr. Easton he should be so
barred.
FOR FURTHER INFORMATION CONTACT: Joseph Weber, Enforcement and Consumer
Information Division, Wireless Telecommunications Bureau (202) 418-
1317.
SUPPLEMENTARY INFORMATION: This is a summary of Memorandum Opinion and
Order, Hearing Designation Order, Notice of Opportunity for Hearing,
and Order to Show Cause in WT Docket 97-199, adopted September 8, 1997,
and released September 9, 1997.
The full text of Commission decisions are available for inspection
and copying during normal business hours in the FCC Dockets Branch
(Room 239), 1919 M Street, N.W., Washington, D.C. The complete text of
this decision may also be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 1231 20th
Street, NW., Washington, DC. 20036 (202) 857-3800.
Summary of Memorandum Opinion and Order, Hearing Designation Order,
Notice of Opportunity for Hearing, and Order To Show Cause
1. The Commission designated the application of Westel Samoa, Inc.
and the six applications of Westel, L.P. (collectively referred to as
``Westel'') for hearing. Additionally, the Commission ordered Anthony
T. Easton to show cause why he should not be barred from holding any
Commission license or participating in any future Commission auction.
On January 23, 1996, Mr. Easton, while acting as a bidding agent of PCS
2000, L.P. (PCS 2000), an applicant in the Commission's C Block
Personal Communications Systems (PCS) auction, submitted a bid of
$180,060,000 ($180 million bid) for Basic Trading Area (BTA) market
B324. After the time for withdrawing bids had expired, PCS 2000
realized that it intended to bid $18,006,000 for market B324. Upon this
realization, Mr. Easton telephoned the Commission and stated that the
Commission's computer had caused the bidding error and that he
possessed documentation to verify that fact. Subsequent to the
telephone conversation, Mr. Easton caused documents to be sent to the
Commission by facsimile which purported to demonstrate that the bid for
market B324 was only $18 million and not $180 million.
2. The Commission learned from one of Mr. Easton's employees that
the materials sent by Mr. Easton were not the original bidding
documents. The employee sent copies of the original bidding information
to the Commission the following day by facsimile. The original bidding
documents sent by the employee bore Mr. Easton's hand-signed initials
along with the date and time the document was created.
3. The same employee conveyed information to a senior employee in
Mr. Easton's office that Mr. Easton was misrepresenting facts to the
Commission. That employee relayed the information regarding Mr. Easton
to Mr. Quentin Breen, a PCS 2000 director and principal of Westel. The
first employee who witnessed Mr. Easton's actions also conveyed the
information concerning Mr. Easton's deception before the Commission to
Mr. Breen. At the time the information was communicated, Mr. Breen was
taking part of a PCS 2000 Board of Directors meeting. However, Mr.
Breen failed to reveal any of the information regarding Mr. Easton's
deception to either the Board of Directors or to the Commission.
4. Pursuant to sections 309(e), 312(a), and 312(c) of the
Communications Act of 1934, as amended, Westel Samoa, Inc.'s
application, Westel, L.P.'s six applications, have been designated for
hearing, and Anthony T. Easton has been ordered to show cause why he
should not be barred from holding any attributable interest in a
Commission authorization or participate in future auctions in a
consolidated proceeding upon the following issues listed below:
(I) To determine, based on Anthony T. Easton's misrepresentations
before and lack of candor exhibited towards the Commission, whether Mr.
Easton should be barred from holding Commission authorizations and
participating in future Commission auctions.
(II) (a) To determine the facts and circumstances surrounding the
conduct of Quentin L. Breen in connection with PCS 2000's bids placed
on January 23, 1996, in the Commission's Broadband PCS C Block auction;
(b) To determine, based on the evidence adduced above, whether
Quentin L. Breen engaged in misrepresentations before and/or exhibited
a lack of candor towards the Commission.
(III) To determine, based on the evidence adduced in Issue 2,
whether Westel Samoa, Inc., and Westel, L.P., possess the requisite
character qualifications to be granted the captioned C Block and F
Block Broadband Personal Communications System applications, and
accordingly, whether grant of their applications
[[Page 53629]]
would serve the public interest, convenience, and necessity.
5. The Commission has further placed Mr. Breen on notice that the
presiding administrative law judge may find that Mr. Breen has
misrepresented facts to the Commission or lacked candor before the
Commission and therefore, may impose upon him a forfeiture up to the
statutory maximum.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-27150 Filed 10-14-97; 8:45 am]
BILLING CODE 6712-01-P
