[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Page 1776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-211]



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ENVIRONMENTAL PROTECTION AGENCY

FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 94-136, FCC 94-298]
AGENCY: Federal Communications Commission.

ACTION: Notice of Hearing Designation Order.

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SUMMARY: Cellular application of Ellis Thompson Corporation (Thompson) 
is designated for hearing. The Commission has determined that a 
substantial and material question of fact exists as to whether American 
Cellular Network Corporation (Amcell) is a real-party-in-interest in 
Thompson's application. The hearing will examine the relationship 
between Thompson and Amcell and determine whether Thompson has the 
requite character qualifications necessary to hold the cellular license 
for Frequency Block A in Market 134, Atlantic City, New Jersey.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:
Joseph Weber, Mobile Services Division, Common Carrier Bureau (202) 
418-1300.

SUPPLEMENTARY INFORMATION: This is a summary of Memorandum Opinion and 
Order and Hearing Designation Order in CC Docket 94-136, adopted 
November 18, 1994, and released November 28, 1994.
    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, 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, 
NW., Suite 140, Washington, D.C. 20037, (202) 857-3800.

Summary of Memorandum Opinion and Order and Hearing Designation 
Order

    The Commission has designated for hearing the application of Ellis 
Thompson Corporation for facilities in the Domestic Public Cellular 
Radio Telecommunications Service on Frequency Block A in Market No. 
134, Atlantic City, New Jersey. The Commission found that the evidence 
in the case disclosed a pattern of circumstances raising a substantial 
and material question of fact as to whether Thompson permitted American 
Cellular Network Corporation (Amcell) to become a real-party-in-
interest in its application. Those circumstances included: (1) Amcell's 
status as the prospective purchaser of the system; (2) the failure of 
Thompson to receive profits; (3) Amcell's substantial financial 
exposure; (4) Amcell's specific assumption of control over litigation 
related to its management; (5) Amcell's broad management 
responsibilities under a long-term agreement; and (6) the consolidation 
of the facilities and staff of the Atlantic City system and Amcell's 
operations in adjacent areas.
    Because the Commission believes that a substantial and material 
question of fact exists about the relationship between Thompson and 
Amcell, it has designated an issue for hearing to determine whether 
Amcell is a real-party-in interest in Thompson's application. The 
hearing will also determine, based upon the evidence, whether Thompson 
has the necessary qualifications to hold the license for Block A in 
Market No. 134, Atlantic City, New Jersey.
    Pursuant to Section 309(e) of the Communications Act of 1934, as 
amended, Thompson's application has been designated for hearing upon 
the following issue listed below:
    To determine whether American Cellular Network Corporation is a 
real-party-in-interest in the application of Ellis Thompson Corporation 
for a cellular radio system on frequency Block A in Atlantic City, New 
Jersey and, if so, the effect thereof on Ellis Thompson corporation's 
qualifications to be a Commission licensee.
    The Commission further noted that the applicant and parties to this 
proceeding may avail themselves of an opportunity to be heard by filing 
written notices of appearance under 47 CFR 1.221(c), within 20 days of 
the mailing of this order by the Secretary of the Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-211 Filed 1-4-95; 8:45 am]
BILLING CODE 6712-01-M