NEWSReport WT 97-16 WIRELESS TELECOMMUNICATIONS ACTION April 8, 1997 FCC ADOPTS HEARING DESIGNATION ORDER CONCERNING MOBILEMEDIA CORPORATION (WT Docket 97-115) The Federal Communications Commission has adopted an order commencing an administrative hearing to inquire into the qualification of MobileMedia Corporation to remain a licensee. The Commission's action follows a voluntary disclosure by the company and a subsequent FCC staff investigation, which revealed that MobileMedia filed applications for paging licenses containing false information. (See Public Notice, DA 97-78 (released January 13, 1997)) Consistent with established practices, MobileMedia may continue to operate their licensed facilities and provide service to the public during the pendency of the hearing. The Hearing Designation Order adopted by the Commission on April 7, 1997, directs an Administrative Law Judge to take evidence and develop a full factual record on issues concerning MobileMedia's filing of false forms and applications. In recognition that the public interest will be served by expediting the hearing proceeding to the fullest possible extent, the Commission has directed the ALJ to issue a recommended decision within six months of the release of the order. The Order directs the ALJ to make factual findings concerning whether MobileMedia engaged in misrepresentations, lacked candor, and willfully or repeatedly violated the Commission's Rules. The Commission recognizes that MobileMedia voluntarily disclosed the false filings and represents that it has since taken remedial action. Therefore, the Hearing will provide MobileMedia the opportunity to provide mitigating evidence of its ability to deal truthfully with the Commission and to abide by its Rules in the future. The Commission has directed the ALJ to make only a recommended decision in the case, rather than an initial decision. Decisions as to the conclusions of law and appropriate sanctions or disposition are reserved to the Commission. Action by the Commission April 7, 1997, by Order to Show Cause, Hearing Designation Order, and Notice of Opportunity for Hearing for Forfeiture (FCC 97-124). Chairman Hundt, Commissioners Quello, Chong and Ness. -FCC- News Media contact: Audrey Spivack at (202) 418-0654 Wireless Telecommunications Bureau contacts: Rosalind Allen or Karen Gulick at (202) 418-0600