FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,737
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1. Tracy Has Failed To Demonstrate That the Applicants Are Not Qualified To
Hold Commission Licenses
14. In determining whether applicants have the requisite character to be Commission
licensees, we look to the Commission's character policy initially developed in the broadcast area as
guidance in resolving similar questions in common carrier license transfer proceedings.' Under this
policy, the Commission previously has stated that it will review allegations of misconduct directly before
it,32 as well as conduct that takes place outside of the Commission.33 With respect to Commission-related
conduct, the Commission has stated that all violations of provisions of the Act, or of the Commission's
rules or polices, are predictive of an applicant's future truthfulness and reliability, and thus have a bearing
on an applicant's character qualifications.34 The Commission previously has determined that in its review
of character issues, it will consider forms of adjudicated, non-Commission related misconduct that
include: (1) felony convictions; (2) fraudulent misrepresentations to governmental units; and
(3) violations of antitrust or other laws protecting competition.35
15. Tracy has alleged that the Applicants and their affiliates have engaged in fraudulent,
deceitful misconduct with respect to the submission and prosecution of the Application, that members of
the Becker family have blatantly disregarded Commission obligations, and that therefore neither Convey
nor Green Eagle has character qualifications suitable to be a Commission licensee.36 Tracy's failure to
31 See, e.g., WorldCom, Inc. and Its Subsidiaries (Debtors-in-Possession), Transferor, and MCI, Inc., Transferee,
WC Docket No. 02-215, Memorandum Opinion and Order, 18 FCC Rcd 26484, 26493 13 (2003). See also Policy
Regarding Character Qualifications in Broadcast Licensing, Amendment of Rules of Broadcast Practice and
Procedure Relating to Written Responses to Commission Inquiries and the Making of Misrepresentations to the
Commission by Permittees and Licensees, Report, Order and Policy Statement, 102 F.C.C.2d 1179, 1210-11 1 60-
61 (1986) ("1986 Character Policy Statemenf'); Memorandum Opinion and Order, 1 FCC Red 421 (1986); Policy
Regarding Character Qualifications in Broadcast Licensing, Amendment of Part 1, the Rules of Practice and
Procedure, Relating to Written Responses to Commission Inquiries and the Making of Misrepresentations to the
Commission by Applicants, Permittees, and Licensees, and the Reporting of Information Regarding Character
Qualifications, Policy Statement and Order, 5 FCC Rcd 3252 (1990) ("1990 Character Policy Statement"),
Memorandum Opinion and Order, 6 FCC Rcd 3448 (1991), Memorandum Opinion and Order, 7 FCC Rcd 6564
(1992). The Commission applies its broadcast character standards to applicants and licensees in the other radio
services. See, e.g., 1990 Character Policy Statement, 5 FCC Red at 3253 10 (adopting 47 C.F.R. 1.17 to apply
prohibition against misrepresentations and material omissions to applicants, licensees, and permittees in all radio
32 See, e.g., Applications of Atlantic Tele-Network, Inc. and Cellco Partnership d/b/a Verizon Wireless For Consent
to Assign or Transfer Control of Licenses and Authorizations, WT Docket No. 09-119, Memorandum Opinion and
Order, 25 FCC Red 3763, 3776 25 (WTB & IB 2010) ("A7TN-Verizon Wireless Order"); Applications of AT&T
Inc. and Cellco Partnership d/b/a Verizon Wireless Seek FCC Consent To Assign or Transfer Control of Licenses
and Authorizations and Modify a Spectrum Leasing Arrangement, WT Docket No. 09-104, Memorandum Opinion
and Order, 25 FCC Red 8704, 8618-19 27 (2010) ("AT&T-Verizon Wireless Order").
33 See, e.g., A TN-Verizon Wireless Order, 25 FCC Red at 3776 25; AT&T- Verizon Wireless Order, 25 FCC Red at
34 See, e.g, ATN-Verizon Wireless Order, 25 FCC Red at 3776 25; AT&T-Verizon Wireless Order, 25 FCC Red at
35 See, e.g., ATN-Verizon Wireless Order, 25 FCC Red at 3776 25; AT&T-Verizon Wireless Order, 25 FCC Red at
36 See, e.g., Petition at 7 ("the transaction is designed to enable Telemetrix and Convey to avoid paying 'non-Becker
family' creditors as well as injuring its 'non-Becker' family shareholders by stripping the assets from Telemetrix
and Convey, which are controlled through their operation by the Becker family and transferring them to new
corporations owned and controlled by the Becker family under an alleged foreclosure pursuant to a 'security
agreement' between Telemetric and the Becker family"), 8-9 (transaction constitutes a fraudulent transfer under
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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/m1/80/: accessed April 25, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.