[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Notices]
[Pages 25948-25949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12281]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 97-115; FCC 97-124]
Order to Show Cause, Hearing Designation Order and Notice of
Opportunity for Hearing
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Commission has ordered a hearing to inquire into the
qualifications of MobileMedia Corporation to remain a licensee of its
several thousand paging stations. The action follows a voluntary
disclosure by the company that it filed more than 200 applications for
paging licenses containing false information. The Order directs the
Administrative Law Judge to take evidence, develop a full factual
record, and issue a recommended decision.
ADDRESSES: Enforcement Division, Wireless Telecommunications Bureau,
Federal Communications Commission, Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Gary P. Schonman, Enforcement
Division, Wireless Telecommunications Bureau, (202) 418-0569.
SUPPLEMENTARY INFORMATION: This is a summary of an Order to Show Cause,
Hearing Designation Order and Notice of Opportunity for Hearing in WT
Docket 97-115, adopted April 7, 1997, and released April 8, 1997.
The full text of Commission decisions are available for inspection
and copying during normal business hours in the FCC Dockets Branch,
1919 M Street, N.W., Suite 230, Washington, D.C. The complete text of
this decision may also be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037 (202) 857-3800.
Summary of Order to Show Cause, Hearing Designation Order and Notice of
Opportunity for Hearing
1. The Federal Communications Commission (``Commission'') has
adopted an Order commencing an administrative hearing to inquire into
the qualification of MobileMedia Corporation, its various subsidiary
and associated organizations (``MobileMedia''), to remain a licensee.
The Commission's action follows a voluntary disclosure by the company
and a subsequent Commission staff investigation, which revealed that
MobileMedia filed applications for more than 200 paging licenses
containing
[[Page 25949]]
false information. (See Public Notice, DA 97-78 (released January 13,
1997), 12 FCC Rcd. 792). Consistent with established practices,
MobileMedia may continue to operate their licensed facilities and
provide service to the public during the pendency of the hearing.
2. The Hearing Designation Order adopted by the Commission on April
7, 1997, directs that MobileMedia's applications which are pending
before the Commission be designated for hearing, and that MobileMedia
show cause why its licenses should not be revoked, in a consolidated
proceeding, upon the following issues:
(a) To determine the facts and circumstances surrounding
MobileMedia's filing of FCC Forms 489 and ``40-Mile'' applications with
the Commission containing false information (including, but not limited
to, the identity of all officers, directors and senior management
personnel who participated in, orchestrated, approved, condoned, or had
knowledge of the filings; and the nature and extent of their
involvement, including their intent) and whether MobileMedia knowingly
made false statements, engaged in misrepresentations, lacked candor, or
willfully or repeatedly violated section 1.17 of the Commission's Rules
with regard to the filing of FCC Forms 489 and the filing of ``40-
Mile'' applications;
(b) To determine the facts and circumstances surrounding
MobileMedia's submission of its October 15, 1996, Report to the Bureau
(including, but not limited to, the identity of all persons who
participated in the preparation of the Report and the nature and extent
of their participation, including their intent) and whether MobileMedia
knowingly made false statements, engaged in misrepresentations, lacked
candor, or willfully or repeatedly violated section 1.17 of the
Commission's Rules with regard to the submission of the October 15,
1996, Report to the Bureau;
(c) To determine the facts and circumstances surrounding
MobileMedia's construction and operation of paging facilities without
valid authorizations (including, but not limited to, the identity of
all officers, directors and senior management personnel who
participated in, orchestrated, approved, condoned, or had knowledge of
the construction and operation; and the nature and extent of their
involvement, including their intent) and whether MobileMedia willfully
or repeatedly violated sections 22.3 and 22.143 of the Commission's
Rules by constructing and operating paging facilities without valid
authorizations;
(d) To determine the facts and circumstances surrounding
MobileMedia's filing of FCC Forms 489 more than 15 days after the
commencement of service (including, but not limited to, the identity of
all officers, directors and senior management personnel who
participated in, orchestrated, approved, condoned, or had knowledge of
the filings; and the nature and extent of their participation,
including their intent) and whether MobileMedia willfully or repeatedly
violated section 22.142 of the Commission's Rules by filing FCC Forms
489 more than 15 days after the commencement of service;
(e) To determine whether there exists any mitigating evidence
indicative of MobileMedia's future ability to deal truthfully with the
Commission and to comply with all pertinent provisions of the
Commission's Rules and the Communications Act of 1934, as amended;
(f) To determine, in light of the evidence adduced pursuant to
issues (a)-(e), whether MobileMedia is qualified to be and remain a
Commission licensee;
(g) To determine, in light of the evidence adduced pursuant to
issues (a)-(e), whether the pending applications filed by MobileMedia
should be granted; and
(h) To determine, in light of the evidence adduced pursuant to
issues (a)-(e), whether the licenses held by MobileMedia should be
revoked.
3. The Order further directs the Administrative Law Judge (``ALJ'')
to take evidence and develop a full factual record on issues concerning
MobileMedia's filing of false forms and applications. In recognition
that the public interest will be served by expediting the hearing
proceeding to the fullest possible extent, the Commission directed the
ALJ to issue a recommended decision within six months of the release of
the order. The Order directs the ALJ to make factual findings
concerning whether MobileMedia engaged in misrepresentations, lacked
candor, and willfully or repeatedly violated the Commission's Rules.
4. The Commission recognized that MobileMedia voluntarily disclosed
the false filings and represents that it has since taken remedial
action. Therefore, MobileMedia will have the opportunity to introduce
mitigating evidence of its ability to deal truthfully with the
Commission and to abide by its Rules in the future.
5. The Commission directed the ALJ to make only a recommended
decision in the case, rather than an initial decision. Decisions as to
the conclusions of law and appropriate sanctions or disposition are
reserved to the Commission.
(47 U.S.C. 309; 47 U.S.C. 312.)
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-12281 Filed 5-9-97; 8:45 am]
BILLING CODE 6712-01-U
