ORIGINAL BEFORE the Helt::~VED FEDERAL COMMUNICATIONS COMMISSION Wasffington, D.C
ORIGINAL BEFORE THE HELt::~VED FEDERAL COMMUNICATIONS COMMISSION WASffiNGTON, D.C. 20554 ~!O\, 1 2 1998 rEUfAAj, COMMUNICAtIONS ~;, OfFICE OF THF SEGRfTAFlY In the Matter of ) ) Implementation of Section 3090) of the ) MM Docket No. 97-234 ......... Communications Act -- Competitive Bidding ) _ ---- for Commercial Broadcast and Instructional ) Television Fixed Service Licenses ) ) Reexamination of the Policy Statement ) GC Docket No. 92-52 on Comparative Broadcast Hearings ) ) Proposals to Reform the Commission's ) GEN Docket No. 90-264 Comparative Hearing Process to Expedite ) the Resolution of Cases ) To: The Commission OPPOSITION TO PETITION FOR RECONSIDERATION Alan e. Campbell Jeffrey L. Timmons Nathaniel J. Hardy* Its Attorneys IRWIN, CAMPBELL & TANNENWALD, P.e. 1730 Rhode Island Avenue, N.W., Suite 200 Washington, D. e. 20036-3101 (202) 728-0400 (telephone) (202) 728-0354 (facsimile) November 12, 1998 * Bar admission pending SUMMARY KM Communications, Inc. submits this Opposition to the pleading, styled as a Petition for Reconsideration, filed by the law firm of Bechtel & Cole, Chartered on October 13, 1998. Bechtel & Cole, Chartered's unwarranted allegations and slanderous attack on KM Communications, Inc. is wholly without factual support and is procedurally defective. Bechtel & Cole, Chartered ostensibly filed the Petition for Reconsideration to seek reconsideration ofthe Commission's decision not to evaluate the basic qualifications of mutually exclusive commercial broadcast applicants prior to conducting an auction. However, the Petition for Reconsideration is little more than an improper "petition to deny" against all of KM Communications, Inc.'s pending applications and an unwarranted attack on the company's principal. Even though it may not be required at this stage, KM Communications, Inc.
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