[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3642-3643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1087]



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FEDERAL COMMUNICATIONS COMMISSION
[WT Dkt. No. 94-147: FCC 94-315]


Order To Show Cause, Hearing Designation Order and Notice of 
Opportunity for Hearing for Forfeiture

AGENCY: Federal Communications Commission.

ACTION: Order to show cause, hearing designation order and notice of 
opportunity for hearing for forfeiture.

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SUMMARY: On December 9, 1994 (released December 13, 1994), the 
Commission adopted an order which requires James A. Kay, Jr. (Kay), 
holder of one hundred sixty four land mobile licenses in the Los 
Angeles area to show cause why his licenses should not be revoked or 
cancelled, why he should not be ordered to cease and desist from 
certain violations of the Communications Act of 1934 as amended and the 
Commission's Rules, why an order for forfeiture should not issue, and 
designated the matters for a hearing before an Administrative Law Judge 
at a time and place to be designated in a subsequent Order.

FOR FURTHER INFORMATION CONTACT:
W. Riley Hollingsworth or William H. Kellett at (717) 337-1311, or Gary 
Schonman at (202) 632-6402.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order 
to Show Cause, Hearing Designation Order and Notice of Opportunity for 
Hearing for Forfeiture adopted on December 9, 1994 and released on 
December 13, 1994. The full text of the order including a listing of 
the licenses at issue are available for inspection and copying at the 
FCC Docket Branch (Room 230) at 1919 M Street NW., Washington, DC. The 
text of the order may be purchased by calling ITS, at (202) 857-3800.
    The Commission discussed generally alleged violations by Kay of the 
Communications Act as amended (the ``Act'') and of the Commission's 
Rules. The Commission Order relates to 164 Private Land Mobile licenses 
authorized under Part 90 of the Commission's Rules. 47 CFR 90.1 et seq. 
The Commission proceeded to designate the following issues for hearing:
    (a) whether James A. Kay, Jr. has violated Section 308(b) of the 
Act and/or 47 CFR 1.17, by failing to provide requested information in 
his responses to Commission inquiries; (b) whether [[Page 3643]] James 
A. Kay, Jr. has willfully or repeatedly operated a conventional station 
in the trunked mode in violation of 47 CFR 90.113; (c) whether Kay has 
willfully or repeatedly violated any of the Commission's construction 
and operation requirements in violation of 47 CFR 90.155, 90.157, 
90.313, 90.623, 90.627, 90.631, and 90.633; (d) whether James A. Kay, 
Jr. has abused the Commission's processes by filing applications in 
multiple names in order to avoid compliance with the Commission's 
channel sharing and recovery provisions in violation of 47 CFR 90.623 
and 90.629; (e) whether James A. Kay, Jr. willfully or maliciously 
interfered with the radio communications of other systems, in violation 
of Sections 333 of the Act; (f) whether James A. Kay, Jr. has abused 
the Commission's processes in order to obtain cancellation of other 
licenses; (g) in light of the evidence adduced pursuant to the 
foregoing issues, whether James A. Kay, Jr. is qualified to remain a 
Commission licensee; and (h) whether any of James A. Kay, Jr.'s 
licenses have automatically cancelled as a result of violations listed 
in subparagraph (c) pursuant to 47 CFR 90.155, 90.157, 90.631 or 
90.633.
    The Commission also directed pursuant to Sections 312 (b) and (c) 
of the Act that Kay show cause why he should not be ordered to cease 
and desist from failing to operate his Private Land Mobile Radio 
licenses substantially as set forth in the licenses, from violating 
Sections 308(b) and 333 of the Act, from violating 47 CFR 1.17, 90.155, 
90.157, 90.313, 90.623, 90.627, 90.629, 90.631, 90.633 and/or from 
certain abuses of process.
    The Commission also ordered that it be determined, pursuant to 
section 503 of the Act, whether an Order For Forfeiture shall be issued 
against James A. Kay, Jr. for willful and/or repeated violations of the 
Act and the Commission's Rules discussed in the preceding paragraphs in 
an amount not to exceed $10,000 for each violation or each day of a 
continuing violation, except that the amount assessed for any 
continuing violation shall not exceed a total of $75,000 for any single 
act or failure to act.
    The Commission ordered that to avail himself of the opportunity to 
be heard, Kay, in person or by attorney, shall file with the Commission 
(within thirty (30) days of the receipt of the Order to Show Cause, 
Hearing Designation Order and Notice of Opportunity for Hearing for 
Forfeiture) a written appearance stating that he will appear at the 
hearing and present evidence on the matters specified in the Order. If 
Kay fails to file an appearance within the time specified, his right to 
a hearing shall be deemed to have been waived. Where a hearing is 
waived, a written statement in mitigation or justification may be 
submitted within thirty (30 days of the receipt of the Order. In the 
event the right to a hearing is waived, the presiding Officer, or the 
Chief Administrative Law Judge, if no presiding officer has been 
designated, will terminate the hearing proceeding and certify the case 
to the Commission in the regular course of business and an appropriate 
order will be entered. See 47 CFR 1.92 of the Commission's rules.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-1087 Filed 1-17-95; 8:45 am]
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