FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 11
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Federal Communications Commission Record
"BOARD QUESTION: They didn't know, but they
knew something. They knew that they had to get
some form or thought they had to get some form of
FCC approval. What did they have in mind?
T/S COUNSEL: They thought that there had to be
an FCC approval in effect before they could proceed.
BOARD QUESTION: How did they propose to
acquire FCC approval before construction?
TIS COUNSEL: They believed that that was obtained
by fulfilling the process of frequency coordination.
BOARD QUESTION: In other words, yes, they
believed that FCC approval would come by the
process of completing frequency coordination?
T/S COUNSEL: That's correct.
BOARD QUESTION: How would the FCC have
known about this?
T/S COUNSEL: They believed that the frequency
coordination process was conducted under the auspices
and in communication with the FCC.
BOARD QUESTION: Where did they garner such
T/S COUNSEL: Well, among other things
to say that it's a vacuum of knowledge rather than a
presence of knowledge that provides an understanding
of the record in my view."
Tr. of Oral Arg. of October 24, 1986 at 1158. Further,
under questioning at hearing by that very same T/S counsel,
Doyal Stewart firmly denied that the Texas meeting
with Spectrum Planning, Inc. did anything but confirm
their prior understanding of FCC processes:
"BY MR. MARTIN:
O During your conversations in Texas, Mr. Stewart,
was it your impression that Mr. Oster and Mr.
Davis were communicating to you? That's a very
vague question and I apologize. Did they say things
which made you suspicious that they meant something
you did not understand?
A No, it all seemed quite logical to me what they
had to say.
Q And it basically confirmed your own prior understanding
of the FCC process?
A From what they said, I didn't find anything that
contradicted what I already knew, no.
Q Thank you."
Tr. 547. Moreover, Edsel Davis of Spectrum Planning,
Inc. stated with respect to the spring 1984 discussions
with T/S officials 33:
"I do not recall anything specifically that was discussed
during conversations that may have taken
place with these persons from TeleSTAR. We may
have discussed frequency planning, frequency coordination
and FCC permits but due to the length
of time involved, I do not recall any exact issues
that were discussed, but I know that I would not
have said that construction without an FCC permit
At the evidentiary hearing, T/S attorney J. Craig Carman
was questioned as to his investigative interview with
Randy Oster of Spectrum Planning:
"Q All right, now. In your interview with him, did
you go under the question whether anyone had told
TeleSTAR officials that they could construct prior
to the receipt of a construction permit?
0 Okay. What
what did you find out? What did
you ask, what did they tell you?
A I asked him if
if anyone at Spectrum Planning
would have told Noel Stewart that you can start
constructing before obtaining a building permit, and
his answer was no. No one would have said that.
Q Did he also explain that the people at Spectrum
Planning were well versed on the need for a construction
permit before construction began?
A He was very knowledgeable as far as the procedures
when I talked to him, and he indicated that that
the other officers, the people at Spectrum Planning,
were very familiar with
with FCC requirements.
Q And that part of that requirement was the need
for a C
construction permit before construction
A He was
he had indicated that he was very well
aware of that requirement and that the other people
at Spectrum Planning were also aware of that requirement."
Tr. 264-265. Carman was also questioned at hearing as
to his discussions with Kevin Raack of Compucon, Inc.
According to Carman, Raack was reluctant to discuss
Compucon's conversations with T/S representatives,
thinking that he might need legal counsel. Tr. 287. Nevertheless,
Carman did ask Raack the pertinent question as
to whether an FCC Construction Permit was necessary
prior to building the T/S system:
"Q Did you [Carman] ask him [Raack] whether, if
anyone put the question to him, what his answer
would be? Did you ask him that question?
A Put the question, the question being 0
Of a necessity for a construction permit prior to
A I believe I did.
Q And what did he say?
A He said we wouldn't have given the advice that
you could begin construction prior to obtaining a
Tr. 288. Based upon the foregoing, it does not appear
that T/S is here claiming that it initially understood the
need for direct FCC authorization prior to construction,
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1597/m1/18/: accessed January 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.