FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement Page: 1,464

                                
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Battery City [h]as no records of any time when more than 17 mobile units were operating on the
subject frequency pair, including the period of January 1. 1999, to the present [footnote omitted].
Battery City does not keep daily logs of transmissions made over the subject frequency pair. and
therefore it cannot state for certain how mans mobiles were in operation on that frequency pair
on a given day, particularly on a day in January, more than seven months ago. Battery City
alwa- s endeavors to operate in compliance with the Commission's rules [footnote omitted], but
those rules do not require Battern City to keep a daily record of its transmissions.
On August 11, 1999. the Commission denied Battery's application for review of the Forfeiture Order.l'
On December 9, 1999. the Commission dismissed Battery's petition for reconsideration of the August
11, 1999, action.20
I1l. DISCUSSION
9.  Initially. we dismiss Tel-A-Car's 'Petition to Den," as procedurally defective.  The
Commission's Rules do not contemplate the filing of petitions to deny against applications for renewal of
stations in the private wireless services, including Batterys Business Radio Station.21  Tel-A-Car's
informal complaint alleges the same sort of violations alleged in its earlier petition. The action we take
in this order is designed to ensure that Battery's future operations are in full compliance with the
Commission's Rules and the terms of its authorization. Accordingly, we will informally consider Tel-ACar's
allegations in reaching our decision in this matter.
10. The results of the former CIB's monitoring shows that Battery apparently continues to
operate on 808.7375 MHz with more mobiles than the number authorized under its license, even after a
warning in 1997 and the imposition of a substantial forfeiture in 1998. Furthermore, based upon
Battery's response to the WTB's most recent letter of inquiry, it appears that Battery is not undertaking
adequate measures to ensure that it complies with the limits on the number of mobiles it is authorized to
use. As a result, we conclude that additional enforcement oversight is necessary to ensure Battery's
compliance with the Commission's Rules and the terms of its license.
11. In this instance, we believe a short-term renewal with reporting conditions is the appropriate
remedy to ensure Battery's compliance with the Commission's rules. We will not designate Battery's
renewal application for hearing at this time. The fundamental test for determining, whether a licensee has
the character qualifications necessary to remain a Commission licensee is whether it "can be expected to
be honest in its dealings with the Commission and can also be expected 'to operate the station' consistent
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and Litigation Branch, Enforcement and Consumer Information Division. Wireless Telecommunications
Commission.
'9 Batter City Car and Limousine Service. 14 FCC Rcd 13717 (1999) (Application for Review Order).
20 Battery City Car and Limousine Service, FCC 99-382 (released December 9, 1999).
2' See former Section 90.163 of the Commission's Rules. 47 C.F.R.  90.163. which was in effect at the time Tel-ACar
filed its petition. The Commission's current rules also do not allow for the filing of petitions to deny against
applications for stations in the private wireless services. See 47 C.F.R.  1.933(d)(9), 1.939(a).

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