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FCC’S WIRELESS BUREAU PETITIONS COURT TO REVOKE SMR LICENSEE’S CHANNELS

WASHINGTON-The Wireless Telecommunications Bureau’s two-year-old proceeding involving Los Angeles specialized mobile radio operator James A. Kay Jr. has escalated to the point where Kay’s attorneys are expected to reply today to a Dec. 4 “Motion for Summary Decision and Order Revoking Licenses” filed with an administrative law judge.

The case continues to be a slow dance between Federal Communications Commission attorneys and those representing Kay, with one side asking for customer names, related channel-loading information and construction details, and the other rejecting the commission’s need for information.

Since at least last July, Kay has been trying to sell his SMR channels but has been unable to find a customer who will meet his price. Nextel has been a primary suitor for the channels, but the carrier has yet to sign a contract.

The FCC’s motion was filed with Judge Richard L. Sippel when Kay “failed to comply” with an Oct. 31 order to answer an interrogatory that requested loading information. “As a consequence of Kay’s continued recalitrance and based on Commission precedent, there is ample justification for the Presiding Judge to now find, as a matter of law, that Kay is basically unqualified to remain a Commission licensee,” the bureau wrote.

Judge Sippel could resolve the Section 308 issue, revoke Kay’s 164 Part 90 licenses and terminate the proceeding; ask for public hearings on the case; or grant time to Kay to comply with the bureau’s requests.

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