Report No. DC 95-94 ACTION IN DOCKET CASE July 6, 1995 RECONSIDERATION DENIED REGARDING PROCEEDING FOR NEW CELLULAR RADIO SYSTEM FOR THE KANSAS - 3 (JEWELL) RSA (CC DOCKET NO. 90-591) The Commission has denied The Committee for a Fair Lottery's petition for reconsideration of the Commission's grant of the application of Nancy Naleszkiewicz for a new cellular radio system for the Kansas - 3 (Jewell) Rural Service Area (RSA). The Commission granted Naleszkiewicz' application for review and reversed the Review Board's decision which denied her application on character grounds. This proceeding was initiated to determine whether Naleszkiewicz was involved in her husband's fraudulent business activities and whether she had made misrepresentations to the Commission with respect to his misconduct. Based on the record, the Commission concluded that Naleszkiewicz was not involved in, and had no prior knowledge of, her husband's scheme. The Committee's petition for reconsideration contended that the Commission should not have reversed the Board's decision in light of Naleszkiewicz' failure to challenge those findings; that no weight should be given to the testimony of her husband; and that the Commission erred in overturning the Administrative Law Judge's demeanor findings concerning Naleszkiewicz' testimony. Denying reconsideration, the Commission found that Naleszkiewicz's testimony was credible and that corroborating testimony confirmed the limited and subordinate nature of Naleszkiewicz's role in her husband's business activities. The Commission's review of the entire record in this proceeding, given its circumstances, was correct and The Committee's other contentions, which were previously considered, provided no basis for granting reconsideration. Action by the Commission June 26, 1995, by Order (FCC 95- 268). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500.