[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 54989-54990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7906]


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FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 06-168; FCC 06-128]


Commercial Radio Service, Inc. and Timothy M. Doty

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document commences a hearing proceeding by directing 
Commercial Radio Service, Inc. and Timothy M. Doty to show cause in an 
adjudicatory hearing before an administrative law judge why their 
respective authorizations in the wireless services should not be 
revoked on issues relating to their basic qualifications to be and 
remain Commission licensees. The hearing will be held at a time and 
place to be specified in a subsequent order.

DATES: Persons desiring to participate as parties in the hearing (other 
than Commercial Radio Service, Inc. and Timothy Doty, both of whom are 
already specified as parties in the hearing) shall file a petition for 
leave to intervene not later than October 20, 2006.

ADDRESSES: Please file documents with the Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554. Each document that is filed in this proceeding must display on 
the front page the docket number of this hearing, ``EB Docket No. 06-
168.''

FOR FURTHER INFORMATION CONTACT: Gary Schonman, Special Counsel, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, Washington, DC 20554. Tel. 202-418-1420.

SUPPLEMENTARY INFORMATION: This is a summary of the Order to Show 
Cause, FCC 06-128, released August 30, 2006. The full text of the Order 
to Show Cause is available for inspection and copying from 8 a.m. to 
4:30 p.m., Monday through Thursday, or from 8 a.m. to 11:30 a.m., on 
Friday, at the FCC Reference Information Center, Room CY-A257, 445 12th 
Street, SW., Washington, DC 20554. The complete text may be purchased 
from the

[[Page 54990]]

Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI 
at its Web site: http://www.BCPIWEB.com. When ordering documents for 
BCPI, please provide the appropriate FCC document number, FCC 06-124. 
The Order also is available on the Internet at the Commission's Web 
site through its Electronic Document Management System (EDOCS). The 
Commission's Internet address for EDOCS is: http://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html. 
Alternative formats are available to persons with disabilities 
(Braille, large print, electronic files, audio format). Send an e-mail 
to [email protected] or call the Consumer and Governmental Affairs Bureau 
at 202-418-0530 (voice), (202) 418-0432 (tty).
    Summary of the Order: In the Order to Show Cause the Commission 
commences a hearing proceeding before an administrative law judge to 
determine whether Commercial Radio Service, Inc. (``CRS'') and Timothy 
M. Doty (``Doty'') are qualified to be and remain Commission licensees 
and, if not, whether their respective authorizations should be revoked. 
The Order to Show Cause also inquires whether a monetary forfeiture 
should be assessed against CRS.
    CRS is the licensee of one commercial and four private land mobile 
stations. Doty, a principal in CRS, holds, in his individual capacity, 
a General Radiotelephone Operator License and an Amateur Radio License. 
Doty has twice been convicted of felonies in State and Federal courts. 
Subsequent to the first of Doty's felony convictions, CRS filed at 
least two license applications with the Commission in which CRS 
answered ``No'' to the question inquiring whether the applicant or any 
party directly or indirectly controlling the applicant had ever been 
convicted of a felony in State or Federal court. Subsequent to the 
second of Doty's felony convictions, CRS filed at least five license 
renewal-only applications with the Commission. By filing renewal-only 
applications rather than renewal/modification applications, CRS failed 
to provide information to the Commission about Doty's felony 
convictions that it was otherwise required to disclose. In each of the 
applications discussed above, CRS certified that all of the statements 
therein were true, complete, correct, and made in good faith.
    The Commission determined that Doty's felony convictions and CRS'' 
apparent failures to inform the Commission about such felonies in 
license applications filed with the Commission raise substantial and 
material questions as to their qualifications to be and to remain 
Commission licensees. Thus, pursuant to sections 312 of the 
Communications Act of 1934, as amended, 47 U.S.C. 312, and Sec.  1.91 
of the Commission's rules, 47 CFR 1.91, the Order to Show Cause directs 
CRS and Doty to show cause why their respective licenses should not be 
revoked, upon the following issues:
    1. To determine the effect of Mr. Doty's felony convictions on his 
qualifications to be and to remain a Commission licensee;
    2. To determine the effect of Mr. Doty's felony convictions on the 
qualifications of CRS to be and to remain a Commission licensee;
    3. To determine whether CRS made misrepresentations and/or lacked 
candor and/or violated Section 1.17 of the Commission's rules regarding 
the felony convictions of Mr. Doty in any applications filed with the 
Commission;
    4. To determine whether CRS failed to timely amend Commission 
applications to disclose Mr. Doty's felony convictions, in violation of 
Section 1.65 of the Commission's rules;
    5. To determine whether CRS made false certifications in any 
applications filed with the Commission;
    6. To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether Mr. Doty is qualified to be and to remain a 
Commission licensee;
    7. To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether CRS is qualified to be and to remain a 
Commission licensee;
    8. To determine, in light of the evidence adduced pursuant to the 
foregoing issues, whether the above-captioned licenses of Mr. Doty 
should be revoked;
    9. To determine, in light of the evidence adduced pursuant to the 
foregoing issues (1) through (7), whether the above-captioned licenses 
of CRS should be revoked.
    The Order to Show Cause also directs that, irrespective of the 
resolution of the foregoing issues, it shall be determined, pursuant to 
section 503 of the Communications Act of 1934, as amended, 47 U.S.C 
503, whether an Order of Forfeiture in the amount not to exceed $11,000 
for each violation or each day of a continuing violation, up to a total 
of $97,500 for any single act or failure to act should be issued 
against CRS for having failed to disclose Doty's felony convictions in 
one or more of its applications, in willful and/or repeated violation 
of Sec. Sec.  1.17 and 1.65 of the Commission's rules, 47 CFR 1.17 and 
1.65.
    The hearing will be held at a time and place to be specified in a 
subsequent order.
    Copies of the Order to Show Cause are being sent by Certified Mail, 
Return Receipt Requested, to CRS, Doty, and counsel for CRS.
    To avail themselves of the opportunity to be heard and the right to 
present evidence in the hearing in this proceeding, pursuant to section 
312 of the Communications Act of 1934, as amended, 47 U.S.C. 312, and 
Sec.  1.91 of the Commission's Rules, 47 CFR 1.91, an officer 
representative of CRS and Timothy M. Doty, in person or by their 
respective attorneys, must file with the Commission, not later than 
September 29, 2006, a written appearance in triplicate stating that 
they will appear on the date fixed for hearing and present evidence on 
the issues specified herein.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06-7906 Filed 9-19-06; 8:45 am]
BILLING CODE 6712-01-P