Subject: [NEXTEL-1] James A. Kay, Jr.-aka "The Scavenger", aka "Mr. Finders Preference" Denied Again...

From: [email-masked]
Date: Tue, 08 Jul 2003 15:41:41 -0400

James A. Kay, Jr.-aka  "The Scavenger", aka "Mr. Finders Preference" Denied
                                     Again.......
=====================================================================================
                                    Before the
                        Federal Communications Commission
                              Washington, D.C. 20554
                                In the Matters of

                             MOBILE RELAY ASSOCIATES

   Application for new Industrial/Business Pool trunked facility on Private Land
           Mobile Radio frequencies (470-512 MHz) at Avalon, California

                             Petition for Reconsideration

   Application for modification of the license for Station WIL525, Santa Paula,
                                    California

                             Petition for Reconsideration

   Application for new Industrial/Business Pool trunked facility on Private Land
  Mobile Radio frequency pairs (470-512 MHz) at Malibu and Palmdale, California

  Applications for renewal of the licenses for Stations KH7048, Riverside County,
  California, WIB815, La Crescenta, California, WPLQ457, Santa Paula, California,
 WNQJ809, Montrose, California, WYY828, Golden, Colorado, and WPMC732, Castlerock,
                                     Colorado

                                       and

Authorizations for Industrial/Business Pool Stations WPII460, WPHK816 and WPPF424,
                              Chatsworth, California

                                       and

  Authorizations for Industrial/Business Pool Stations WII622 and WII664, Upland,
                                    California

                                       and

                    Authorization for Industrial/Business Pool
                        Station WIJ226, Malibu, California

I. INTRODUCTION

1. James A. Kay, Jr. (Kay) has filed petitions to deny and/or petitions for
reconsideration of the grant of or consent to the captioned applications filed by
Mobile Relay Associates and Mobile Relay Associates, Inc. for new stations or for
renewal or modification of the subject stations, or filed by other parties to
assign the licenses for the subject stations to Mobile Relay Associates.  Also
before us is a petition filed by Kay requesting that the Commission initiate
enforcement action against Mobile Relay Associates, Mobile Relay Associates, Inc.,
and their principal, Mark J. Abrams (Abrams) (collectively, the MRA parties).  In
each petition, Kay argues that the MRA parties lack the requisite character to be
Commission licensees because they have engaged in abuse of process,
misrepresentation and lack of candor to the Commission in connection with
applications to assign to them licenses that Kay contends have cancelled
automatically pursuant to Section 90.157 of the Commission’s Rules.  In addition,
we address two petitions filed by Mobile Relay Associates seeking reconsideration
of the actions of the Public Safety and Private Wireless Division (Division),
Licensing and Technical Analysis Branch (Branch) dismissing two of the captioned
applications.  For the reasons set forth below, we agree with Kay that the
licenses for Stations WIJ226, WII664, and WII622 have automatically cancelled, and
will modify our licensing records appropriately.  We conclude, however, that Kay
has not established his broader claims regarding the MRA parties’ character
qualifications, and accordingly deny his petitions to deny and petitions for
reconsideration.  We also deny the petitions for reconsideration submitted by
Mobile Relay Associates.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2155A1.doc

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