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could take back the license to the unserviced portion of the
licensee's service area and issue a new license to another
qualified applicant to provide cellular telephone service to the
unserviced portion of the area.
In 1988, Lukas, McGowan, Nace & Gutierrez (LMN&G), a
Washington, D.C., law firm that specializes in communications
law, prepared and filed with the FCC at least 78 cellular
telephone license applications on behalf of either Mr. Mussman,
Kyle, or Rhys. Previously, in 1986, Rhys applied for and was
tentatively selected to be awarded two licenses to furnish
cellular telephone services in Enid, Oklahoma, and in Asheville,
North Carolina, respectively. Rhys' Enid, Oklahoma, and
Asheville, North Carolina, cellular telephone business activities
were conducted by him through Dial One Mobile, a company Rhys
solely owned. Almost all the 78 applications LMN&G filed in 1988
were for Kyle and Rhys. During 1988, NITCO paid the filing fees
with respect to the 78 license applications and deducted the
payments. Petitioners have conceded that NITCO should not have
deducted these payments of Mr. Mussman's, Kyle's, and Rhys'
license application filing fees.
LMN&G also performed a substantial amount of other legal
work for NITCO and the Mussman family during the years in issue.
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