[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8824]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 94-305]
Private Radio Bureau Seeks Comments on Daniel R. Goodman's, and
Robert Chan's Requests for Rule Waivers To Extend the Construction and
Loading Deadlines Applicable to Certain Conventional SMR Licenses
April 6, 1994.
Daniel R. Goodman, Court-appointed Receiver (Receiver) for
Metropolitan Communications Corp., Nationwide Digital Data Corp.,
Columbia Communications Services Corp., and Stephens Sinclair Ltd.,
seeks waiver of the Commission's Rules on behalf of approximately 4000
conventional-SMR licensees (``Consumers'') that were allegedly
defrauded by these Receivership companies. Dr. Robert Chan seeks
similar relief for the five conventional SMR licenses he acquired via
two of the Receivership companies.
The Receiver requests waiver of 47 CFR 90.633 to extend the eight-
month construction and operation deadline applicable to the licenses
held by the Consumers. The Consumers obtained their licenses via the
Receivership companies' offerings and sales of investments in SMR
licenses, applications, and filing services. The Receiver pleads that,
according to the Federal Trade Commission's (FTC's) Complaint filed in
U.S. District Court on January 11, 1994, the Receivership companies
allegedly defrauded and mislead the Consumers as to the FCC's Rules. As
a result, the Consumers obtained approximately 4000 conventional SMR
licenses, which are now on the verge of cancelling automatically
because the stations will not be constructed within eight months from
the grant date, as required by Sec. 90.633.
The Consumers paid $7000 for each license they obtained via the
Receivership companies and, according to the Receiver, could lose an
aggregate sum of approximately $28 million if these licenses cancel. If
the Commission grants these licensees a new eight-month period to
construct, operate, and load their stations, the Receiver plans to
facilitate transactions whereby stations first would be constructed and
managed by existing SMR operators and then assigned. Each individual
licensee may decide whether to enter any transaction presented by the
Receiver.
Noting the FTC actions against the Receivership companies, Dr. Chan
states that the Receivership companies he dealt with do not have the
capability to construct stations in time for him to meet Sec. 90.633.
Dr. Chan therefore requests a one-year extension for each of his five
licenses, stating that he has now taken over all of the business and
engineering activities for his stations in an attempt to facilitate
construction and operation.
The Receiver tendered a $105 filing fee; Dr. Chan did not tender a
filing fee. By requesting public comments on the instant requests, we
clarify that the Commission is not ruling on the adequacy of the filing
fees tendered.
The Private Radio Bureau solicits comments on all aspects of these
two proposals. Comments should be filed on or before May 13, 1994.
Reply comments should be filed on or before May 27, 1994. Comments and
reply comments should be addressed to: Rules Branch, Land Mobile and
Microwave Division, Private Radio Bureau, room 5202, STOP 1700A1,
Federal Communications Commission, Washington, DC 20554.
Copies of Dr. Chan's and the Receiver's filings may be obtained
from the Commission's duplicating contractor, International
Transcription Service, Inc. (ITS), 2100 M Street, NW., suite 140, (202)
857-3800. A copy is also available for public inspection in room 5202,
2025 M Street, NW., Washington, DC 20554.
For further information contact the Rules Branch at (202) 634-2443.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-8824 Filed 4-12-94; 8:45 am]
BILLING CODE 6712-01-M
