Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
RECEIVED
\JM 241995
In the Matter of
JAMES A. KAY, JR.
Licensee of one hundred sixty four Part 90
Licenses in the Los Angeles, California, Area
To: Administrative Law Judge
Richard L. Sippel
) WT DOCKET NO. 94-147
)
)
)
) DOCKET FILE COpy 0RIGtW.
)
WIRELESS TElECOMMUNICATIONS IUUAU'S
OPPOSITION TO MOTION TO DISMISS
1. On January 12, 1995, James A. Kay, Jr. ("Kay"), filed a Motion to Dismiss the
Order to Show Cause, FCC 94-315, released December 13, 1994 ("OSC") in this
proceeding. For the reasons which follow, the Wireless Telecommunications Bureau
opposes Kay's motion.
2. Kay's request that the Presiding Judge dismiss the OSC and terminate this
proceeding must denied. It is well established that a Presiding Judge does not have the
authority to alter a hearing designation order. Atlantic Broadcasting Company, 5 FCC 2d
717, 720 (1966). In effect, what Kay is seeking is an order by the Presiding Judge reversing
the Commission's action designating this case for hearing. Obviously, the Presiding Judge
does not have such authority.
3. In any case, Kay's claim that the Wireless Telecommunications Bureau is not a
legitimate party this proceeding because there is no Commission document authorizing its
No. otCQPiesrec'd~
ListABCOE
creation, is without merit. The Commission's reorganization, which included the creation of
the Wireless Telecommunications Bureau, has been approved by the Congress of the United
States. See attachment. Moreover, the substitution of the Wireless Telecommunications
Bureau for the Private Radio Bureau in the OSC does not constitute a substantive change in
the OSC. Consequently, the change amounts to nothing more than an editorial correction
which is within the discretion of the operating Bureau that prepared the OSC.
1
4. For the above reasons, the Chief, Wireless Telecommunications Bureau, requests
that Kay's Motion to Dismiss be denied.
Respectfully submitted,
Regina M Keeney
z;"~22um~tiO~Bureau
W. Riley ling,worth~
D//SOCia~UChief
~.~onman
Attorn
Federal Communications Commission
2025 M Street, N.W., Suite 7212
Washington, D.C. 20554
(202) 632-6402
January 24, 1995
1 Indeed, Kay, in his pleading, recognizes that the Commission has delegated the
authority to its operating Bureau's to make editorial corrections to actions taken by the
Commission.
2
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~a2)22&02171
Mr. Andrew S. Fishel
Managing Director
Federal Communications Commission
Washington, D.C. 20554
Dear Mr. Fishel:
This is in response to your october 20, 1994 letter in which you notify
the Committee of your plans to reorganize certain programs of the Federal
Communications Commission.
I understand that this proposal is the third
reorganizations of the Commission. This
establishment of the Wireless Telecommunications
in a series of major
proposal covers the
Bureau (WTB)
I understand this new Bureau consolidates all domestic wireless
communications activities, except satellite communications, and is
designed to strengthen the Commission's customer focus, promote
efficiency, and promote consistent and high quality policy direction.
Lastly, I understand that the proposedreorganizati~ncan be accomplished
within existing staffing and bUdget allocations.
The Committee has no obj ection to this proposal. We appreciate your
keeping the committee informed of changes in the Federal Communications
commission.
W:'~-"",--.L::6«.u;"-~«-t-__
Alan B. Mollohan
Subcommittee on the Departments
of Commerce, Justice, and state,
The Judiciary and Related Agencies
)
~)NEWS
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554
News media information (202) 418-0500
RecOl'ded listing of releases and texts
(202) 418-2222
50909
I
. Th'$ '$ an unO",c.al announcement 01 CommISSIon .cl,on Rele.se 01 Ihe lull lex' of ? Comm,ss,on order
ConShlules off,c,al aCllon see Mel v FCC. 515 F 2d 385 (0 C CIfC 11741
December 1, 1994
FCC ESTABLISHES WIRELESS TELECOMMUNICATIONS BUREAU
The Commission announced today the establishment of the
Wireless Telecommunications Bureau (previously the Wireless
Telecommunications Task Force). The Bureau will begin operations
immediately.
The WirelessTeleco~mu~icationsBureau will handle all FCC
domestic wireless telecommunications programs and policies,
except those involving satellite communications. Its functions
include all activities of wireless telecommunications providers
and licensees.
The Bureau also will serve as the Commission's principal
policy and administrative resource with regard to spectrum
auctions.
Regina M. Keeney has been named as the Chief of the Wireless
Telecommunications Bureau and Ralph A. Haller and Gerald P.
Vaughan have been named Deputy Bureau Chiefs.
Keeney said, "The Wireless Telecommunications Bureau will
ensure that the FCC is at the forefront of policy making for
wireless communications services, including cellular, paging,
personal communications services, public safety and other
commercial and private radio services. Our goals are to promote
economic growth, foster competition, and enhance accessibility of
emerging technologies to consumers. Additionally, the Bureau
will work to foster efficiency and innovation in the allocation
and licensing of the electromagnetic spectrum."
The Wireless Telecommunications Bureau will have seven
divisions: Commercial Radio Division, Enforcement Division,
Policy Division, Auctions Division, Private Radio Division,
Licensing Division, and Customer Services Division.
(over)
- 2 -
The Commercial Radio Division will develop policy, rules,
and procedures for other authorization and regulation of wireless
telecommunications facilities and services. The Division is
responsible for rule making and regulatory matters concerning
Cellular Services, Personal Communications Services, paging, and
Specialized Mobile Radio, Air-Ground, and Basic Exchange
Telecommunications Radio Services.
The Enforcement Division will ensure compliance by wireless
telecommunications service providers and subscribers with the
Communications Act, other statutes, and Commission rules, orders,
and policies. This division will administer the FCC's EEO
Program for wireless telecommunications service providers, and
respond to public information inquiries concerning rates or
practices, among other duties.
The Policy Division will, based on major technical,
economic, and regulatory developments, legislative actions, and
Commission and court decisions, propose and develop Commission
rules and policies to govern wireless telecommunications
services.
The Auctions Division is responsible for conducting the
auctions of theelectrom~gneticspectrum. These responsibilities
include recommending appropriate auction methodology for
particular services, marketing, application processing, and
development of all~uction~relatedcontracts. Additionally, this
division will advise the Commission on policy, engineering, and
technical matters relating to auctions of spectrum used for other
purposes.
The Private Radio Division will handle rule making and
regulatory matters concerning Public Safety, Industrial, Land
Transportation and other private mobile radio services, Aviation,
Marine, Amateur, IVDS, broadcast auxiliary service, Personal
Radio Services, point-to-point microwave, antenna tower
clearance, and the radio operator examination program.
Additionally, this Division willproj~ctdemand for existing and
possible new communications requirements and services.
The Licensing Division will oversee the processing of
applications and licensing of Specialized Mobile Radio, paging,
Private Land Mobile, private and common carrier microwave,
broadcast auxiliary, amateur radio, IVDS, aviation and marine,
and General Mobile Radio Services.
,
'>-
1
- 3 -
The Customer Services Division will be responsible for
providing technical assistance to consumers, manufacturers,
frequency coordinators, and others on questions related to
application processing and licensing in tpe wireless
telecommunications services. The Customer Services Division will
also provide automated support, processing, and data services for
the Licensing Division and for the Bureau.
Attached is an organizational chart of the Wireless
Telecommunications Bureau.
Congressional and Union approval have been received.
. Action by the Commission October 17, 1994. Chairman Hundt,
Commissioners Quello, Barrett, Ness, and Chong.
-FCC-
News Media contact: Stacey Reuben Mesa at (202) 418-0500.
Wireless Telecommunications Bureau contacts: Laurence D.
Atlas and Daniel B. Phythyon at (202) 632-6940.
CERTIFICATE OF SERVICE
I, Michelle C. Mebane, a secretary in the Hearing Branch, Mass Media Bureau
certify that I have, on this 24th day of January 1995, sent by regular First Class United
States mail, copies of the foregoing "Wireless Telecommunications Bureau's Opposition to
Motion to Dismiss" to:
Dennis C. Brown, Esq.
Brown & Schwaninger
1835 K Street, N.W.
Suite 650
Washington, D. C. 20006
3