Securities Exchange Act of 1934
Release No. 46283 / July 30, 2002
ADMINISTRATIVE PROCEEDING
File No. 3-10853
In the Matter of NewCom, Inc., Respondent. |
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ORDER INSTITUTING PROCEEDINGS, MAKING FINDINGS AND REVOKING REGISTRATION OF COMMON STOCK PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934 |
I.
The Commission deems it appropriate and for the protection of investors that proceedings be, and hereby are, instituted pursuant to Section 12(j) of the Securities Exchange Act of 1934 ("Exchange Act") against NewCom, Inc., also known as Ncom, a defunct corporation whose stock is registered with the Commission pursuant to Section 12(g) of the Exchange Act, to determine whether it is necessary and appropriate for the protection of investors to revoke the registration of NewCom's common stock.
II.
In anticipation of these administrative proceedings, NewCom has submitted an Offer of Settlement, which the Commission has determined to accept. Solely for the purposes of this proceeding and any other proceeding brought by or on behalf of the Commission or to which the Commission is a party, NewCom admits the jurisdiction of the Commission over this proceeding and the findings of the Commission as set forth in Section III of this Order Instituting Proceedings, Making Findings and Revoking Registration of Common Stock Pursuant to Section 12(j) of the Securities Exchange Act of 1934 ("Order"), and consents to the entry of this Order.
III.
Based on the foregoing, the Commission finds that:
The common stock of NewCom is registered pursuant to Section 12(g) of the Exchange Act and has been registered since at least July, 1997. At all relevant times herein, NewCom was required, pursuant to Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder, to file timely and in proper form, its annual reports on Form 10-K and its quarterly reports on Form 10-Q. NewCom has failed to file such required reports since June, 1999. As a result of the foregoing, NewCom failed to comply with Section 13(a) of the Exchange Act and Rules 13a-1 and 13a-13 thereunder.
Notwithstanding the foregoing, NewCom's stock is still listed in the "Pink Sheets" published by the National Quotations Bureau, Inc. under the symbol "NWCM."
IV.
Section 12(j) of the Exchange Act provides as follows:
The Commission is authorized, by order, as it deems necessary or appropriate for the protection of investors to deny, to suspend the effective date of, to suspend for a period not exceeding twelve months, or to revoke the registration of a security, if the Commission finds, on the record after notice and opportunity for hearing, that the issuer of such security has failed to comply with any provision of this title or the rules and regulations thereunder. No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked pursuant to the preceding sentence.
In view of the foregoing, it is necessary and appropriate for the protection of investors to revoke the registration of the common stock of NewCom pursuant to Section 12(j) of the Exchange Act.
ACCORDINGLY, IT IS ORDERED that the registration of the common stock of NewCom, Inc. be, and it hereby is, revoked pursuant to Section 12(j) of the Exchange Act.
By the Commission.
Jonathan G. Katz
Secretary