[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