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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
United Corporation of Southern )
California, )
)
and )
)
James A. Kay, Jr., )
)
Complainants, )
) File No. WB/ENF-F-99-0006
v. )
)
Jim Doering d/b/a J. Doering )
Communications, )
)
and )
)
Harold Pick d/b/a )
Communications Consultants )
Systems, )
Defendants.
ORDER ON REVIEW
Adopted: May 22, 2001 Released: May 24, 2001
By the Commission: Commissioner Tristani concurring in the
result.
I. INTRODUCTION
In this Order, we deny an Application for Review filed by James
A. Kay, Jr. (``Kay''),1 pursuant to section 1.115 of the
Commission's rules.2 Kay requests review of an October 21, 1999,
letter order by the Wireless Telecommunications Bureau,3 which
dismissed a complaint filed by him and United Corporation of
Southern California against Jim Doering d/b/a Doering
Communications and Harold Pick d/b/a Communications Consultants
Systems (collectively, ``Respondents'') pursuant to section 208
of the Communications Act of 1934, as amended (``the Act'').4
The Bureau determined in the Letter Order that the complaint did
not allege that any specific provisions of the Act or the
Commission's rules had been violated by the Respondents. The
Bureau also concluded that the matters raised in the complaint
did not warrant exercise of the Commission's discretion to
initiate enforcement actions against the Respondents.
Upon careful review of the Application for Review and the entire
record herein, we conclude that Kay has failed to demonstrate
that the Wireless Telecommunications Bureau erred. The Wireless
Telecommunications Bureau properly decided the matters raised
below, and we uphold its decision for the reasons stated in its
Letter Order.
3.Accordingly, IT IS ORDERED, pursuant to section 4(i),
4(j), 208, and 503 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208,
503, and section 1.115(g) of the Commission's rules, 47 C.F.R. §
1.115(g), that the Application for Review by United Corporation
of Southern California and James A. Kay, Jr. IS DENIED and this
proceeding IS TERMINATED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 Application for Review, File No. WB/ENF-F-99-0006 (filed
Nov. 22, 1999).
2 47 C.F.R. §1.115.
3 United Corporation of Southern California v. Jim Doering
d/b/a Doering Communications, Letter Order, WTB/ENF-F-99-006
(Wireless Tel. Bur. Oct 21, 1999) (``Letter Order'').
4 47 U.S.C. §208.