94-3530. Cellular Application of Telephone and Data Systems, Inc.; Hearing

[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3530]


[[Page Unknown]]

[Federal Register: February 16, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 94-11, FCC 94-29]

 

Cellular Application of Telephone and Data Systems, Inc.; Hearing

agency: Federal Communications Commission.

action: Notice of hearing designation order.

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summary: Cellular application of Telephone and Data Systems, Inc. (TDS) 
is designated for hearing. The Commission has determined that a 
substantial and material question of fact exists as to whether a 
subsidiary of TDS has misrepresented facts to or lacked candor before 
the Commission. The hearing will examine the subsidiary's conduct 
before the Commission and determine whether TDS holds the requite 
character qualifications necessary to hold the cellular license for the 
Wisconsin 8 (Vernon) Rural Service Area.

addresses: Federal Communications Commission, Washington, DC 20554.

for further information contact: Joseph Weber, Mobile Services 
Division, Common Carrier Bureau [phone].

supplementary information: This is a summary of Memorandum Opinion and 
Order and Hearing Designation Order in CC Docket 94-11, adopted 
February 1, 1994, and released February 1, 1994.
    The full text of Commission decisions are available for inspection 
and copying during normal business hours in the FCC Dockets Branch 
(room 230), 1919 M Street, NW., Washington, DC. The complete text of 
this decision may also be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., 2100 M Street, 
NW., suite 140, Washington, DC 20037, [phone].

Summary of Memorandum Opinion and Order and Hearing Designation Order

    The Commission has designated for hearing the cellular application 
of Telephone and Data Systems, Inc. (TDS) for the Wisconsin 8 (Vernon) 
Rural Service Area. United States Cellular Corporation (USCC), a TDS 
subsidiary, was a party of La Star Cellular Telephone Company (La 
Star), an applicant to provide cellular service in St. Tammany Parish 
in the New Orleans, Louisiana Metropolitan Statistical Area. La Star's 
application was designated for hearing with the mutually exclusive 
application of New Orleans CGSA, Inc. (NOCGSA). La Star was found to be 
ineligible and the application of NOCGSA was granted. The Commission 
affirmed this conclusion. See La Star Cellular Telephone Company, 6 FCC 
Rcd 6860 (I.D. 1991), aff'd, 7 FCC Rcd 3762 (1992), appeal pending sub 
nom., Telephone and Data Systems, Inc. v. FCC, Case No. 92-1273 (D.C. 
Cir.).
    NOCGSA argued that USCC misrepresented facts and lacked candor 
before the Commission. Neither the presiding administrative law judge, 
nor the Commission reached the merits of those arguments. The 
Commission did state, however, that the issues could be revisited in 
future proceedings. See La Star Cellular Telephone Company, 7 FCC Rcd 
at 3767, n.3.
    The Commission has revisited the character arguments in the instant 
Order and has concluded that a substantial and material question of 
fact exists as to whether USCC was fully truthful and candid in its 
dealings with the Commission. For instance, one USCC principal swore in 
written testimony that a management committee controlled the actions of 
La Star. Oral testimony elicited from that same witness, however, 
showed that the management committee served little purpose and did not 
direct the actions of La Star. Because the Commission believes that a 
substantial and material question of fact exists about USCC's 
character, it has designated issues for hearing to determine whether 
USCC principals misrepresented facts or lacked candor in the La Star 
proceeding. The hearing will also determine based upon the evidence of 
whether USCC misrepresented facts or lacked candor, whether TDS holds 
the necessary character qualifications to hold the license for the 
Wisconsin 8 Rural Service Area.
    Pursuant to section 309(e) of the Communications Act of 1934 as 
amended, TDS's application has been designated for hearing upon the 
following issues listed below:
    (1) To determine whether United States Cellular Corporation 
misrepresented facts to the Commission, lacked candor in its dealings 
with the Commission, or attempted to mislead the Commission, and, in 
this regard, whether United States Cellular Corporation has violated 
Sec. 1.17 of the Commission's Rules, 47 CFR 1.17.
    (2) To determine, based on the evidence adduced in issue 1, above, 
whether Telephone and Data Systems, Inc. possesses the requisite 
character qualifications to hold the cellular Block B authorization for 
the Wisconsin 8 (Vernon) Rural Service Area and, accordingly, whether 
grant of its application would serve the public interest, convenience, 
and necessity.
    The Commission has further noted that if USCC has lacked candor or 
misrepresented facts in any pleadings filed within a year of the 
release of the Order, the presiding administrative law judge may find 
that USCC or TDS has violated Sec. 1.17 of the Commission's rules and 
impose a forfeiture up to the statutory maximum.

Federal Communications Commission.
William F. Canton,
Acting Secretary.
[FR Doc. 94-3530 Filed 2-15-94; 8:45 am]
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