[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Notices]
[Pages 12767-12768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5569]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 95-26; FCC 95-59]
Notice of Order to Show Cause; Commercial Realty St. Pete, Inc.
AGENCY: Federal Communications Commission.
ACTION: Notice of order to show cause.
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SUMMARY: Commercial Realty St. Pete, Inc. (Commercial Realty), an
Interactive Video and Data Services (IVDS) auction bidder, and its
principals are ordered to show cause why they should not be barred from
participating in any future Commission auction and from holding any
Commission licenses. The Commission has determined that Commercial
Realty and its principals have engaged in serious misconduct that call
into question their basic qualifications to be a Commission applicant
or licensee. The hearing will examine the misconduct to determine
whether the abuses and violations should prohibit Commercial Realty and
its principals from participating in Commission auctions and from being
Commission licensees.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Joseph Weber, Enforcement Division,
Wireless Telecommunications Bureau (202) 418-1310.
SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show Cause
in WT Docket 95-26, adopted February 15, 1995, and released February
16, 1995.
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, (202) 857-3800.
Summary of Order to Show Cause
The Commission has determined that Commercial Realty engaged in
misconduct during the Commission's IVDS auctions. The Commission has
found that a written declaration submitted by Commercial Realty
contained false information about Commercial Realty's financial
qualifications. The Commission has also determined that inappropriately
claimed a bidding credit as a woman-owned company. Finally, the
Commission determined that James C. Hartley, one of Commercial Realty's
principals, engaged in improper communications with other IVDS bidders.
Pursuant to Section 312 of the Communications Act of 1934, as
amended, Commercial Realty, James C. Hartley, and Ralph E. Howe are
ordered to show cause why they should not be barred from future
Commission auctions and from holding Commission licenses based upon the
following issues listed below:
(1)(a) The facts and circumstances surrounding the aforementioned
Declarations submitted to the Commission by Commercial Realty St. Pete,
Inc.;
(b) Whether Commercial Realty and/or its principals misrepresented
facts, lacked candor, or attempted to mislead the Commission;
(c) Whether, based on the evidence adduced pursuant to 1 (a) and
(b), above, Commercial Realty and/or its principals should be subject
to a forfeiture up to the statutory limit pursuant to Section 503 of
the Communications Act, as amended, 47 U.S.C. 503.
(d) Whether, based on the evidence adduced pursuant to 1 (a) and
(b), above, Commercial Realty and/or its principals should be barred
from future auctions and from holding Commission licenses.
(2)(a) The facts and circumstances surrounding Commercial Realty's
claim of a bidding credit as a woman-owned small business at the IVDS
auctions;
(b) Whether Commercial Realty and/or its principals misrepresented
facts, lacked candor, or attempted to mislead the Commission in
claiming a bidding credit as a woman-owned small business;
(c) Whether, based on the evidence adduced pursuant to 2 (a) and
(b), above, Commercial Realty and/or its principals should be subject
to a forfeiture up to the statutory limit pursuant to Section 503 of
the Communications Act, as amended, 47 U.S.C. 503;
(d) Whether, based on the evidence adduced pursuant to 2 (a) and
(b), above, Commercial Realty's and/or its principals' conduct in
requesting said bidding credit as a woman-owned small business warrants
barring Commercial Realty and/or its principals from future auctions
and from holding Commission licenses;
(3) Whether Commercial Realty's and/or its principals' improper
communication with Christopher Pedersen of Interactive America
Corporation should bar Commercial Realty and/or its principals from
future auctions and from holding Commission licenses;
(4)(a) The facts and circumstances surrounding the letter sent by
facsimile to other successful IVDS auction bidders;
(b) The facts and circumstances surrounding the press release
caused to be released by Commercial Realty on, or about, August 5,
1994;
(c) Whether, based on evidence adduced pursuant to 4 (a) and (b),
above, Commercial Realty and/or its principals abused the Commission
processes and should be subject to a forfeiture up to the statutory
limit pursuant to Section 503 of the Communications Act, as amended, 47
U.S.C. 503:
(d) Whether, based on the evidence adduced pursuant to 4 (a) and
(b), above, Commercial Realty and/or its prinicpals abused Commission
processes and should be barred from future auctions and from holding
Commission licenses;
(5) Whether, based on the totality of the evidence adduced pursuant
to 1 (a) and (b), 2 (a) and (b), 3, and 4 (a) and (b), above, and the
violations of the Commission's Rules established in the Notice of
Apparent Liability for Forfeiture, File No. 519WT0002, Commercial
Realty and/or its principals [[Page 12768]] should be barred from
future auctions and from holding Commission licenses.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-5569 Filed 3-7-95; 8:45 am]
BILLING CODE 6712-01-M
