FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,736
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comply with the provisions of 1.939, except that such petitions must be filed no later than 14 days
following the date of the public notice listing the application as accepted for filing." 28 Accordingly,
Tracy's Petition was due no later than June 29, 2011. Tracy did not request a waiver of section
1.948(j)(1)(iii)'s filing deadline nor did he make any showing to justify the late filing. Tracy's late filing
of the Petition provides an additional basis on which to dismiss the Petition and related filings.
Nonetheless, we consider below the substantive arguments raised by Tracy.
3. Tracy Has Failed To Support the Majority of His Claims and Factual
Allegations with an Affidavit or Declaration
10. Tracy's pleadings include a litany of allegations in support of his argument that the
Application should be denied or set for hearing, many of which are encompassed within Tracy's assertion
that Telemetrix, Convey, Green Eagle, Green Eagle Communications, and the Becker Family Entities
have engaged in deceit and fraudulent conduct toward Tracy and other shareholders in Telemetrix.29 The
Petition contains no affidavit or declaration in support of the factual allegations. The Tracy Reply and the
Tracy Informal Objection each contain the same two undated documents labeled as affidavits, each
regarding solely the accuracy of transcripts of conversations between Tracy and each of Larry Becker and
Gayle Becker. Otherwise, factual claims in the Tracy Reply and the Tracy Informal Objection lack any
supporting affidavit or declaration.
11. Under the Commission's rules, "[a] petition to deny must contain specific allegations of
fact sufficient to make a primafacie showing that the petitioner is a party in interest and that a grant of
the application would be inconsistent with the public interest, convenience and necessity. Such
allegations of fact, except for those of which official notice may be taken, shall be supported by affidavit
of a person or persons with personal knowledge thereof."3 Notwithstanding the numerous documents
Tracy has attached to his pleadings, there remain many allegations of facts and actions that are not
supported by the record nor by any affidavit or declaration properly executed by Tracy or any other
person. That significant omission necessarily undercuts the credence we give to the claims made by
B. Even Considering the Merits of Tracy's Claims and Assertions, They Provide No
Basis To Deny the Application
12. Notwithstanding the fact that the Tracy pleadings can be dismissed in light of their failure
to comply with Commission procedural requirements for the filing of petitions to deny and related
pleadings, we nonetheless also address what appear to be the merits of the arguments made by Tracy. For
the reasons set forth below, we deny Tracy's requests for relief on the merits. The rationales set forth
below provide independent and alternative bases for rejecting the Petition and Tracy's related requests for
13. As discussed below, it appears that Tracy's fundamental argument is that various
individuals and entities directly or indirectly involved in the proposed assignment of licenses have
committed fraud - upon Tracy, upon the other shareholders in Telemetrix, upon the Securities and
Exchange Commission, upon this Commission.
2K 47 C.F.R. 1.948(j)()(iii).
29 Petition at 6.
30 47 C.F.R. 1.939(d). Section 1.16 of the Commission's rules, 47 C.F.R. 1.16, provides that unsworn
declarations may be used in lieu of affidavits, provided that any such declaration shall be subscribed by the declarant
as true under penalty of perjury, and dated.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/79/: accessed December 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.