[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