[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